Section 71ZJ | Overpayment of non-benefit payments: overpayment decision and notice ^F1

(1)Before exercising powers under this Act to recover an overpayment of a non-benefit payment from a person (“P”)—^F1

(a)the Secretary of State must give a notice (an “overpayment notice”) to P, and^F1

(b)the condition in subsection (5) must be met (opportunity for P to challenge the notice).^F1

(2)The Secretary of State may give P an overpayment notice only if—^F1

(a)P has been convicted of an offence (under this Act or any other enactment), or^F1

(b)it appears to the Secretary of State that there are grounds to institute proceedings against P for an offence (under this Act or any other enactment),^F1

in relation to the overpayment.

(3)An overpayment notice must—^F1

(a)state the amount that the Secretary of State regards as an overpayment,^F1

(b)provide the Secretary of State’s reasons for regarding that amount as an overpayment,^F1

(c)set out the effect of the giving of the overpayment notice, and^F1

(d)set out P’s right to seek a review of the notice and the right to appeal the outcome of that review (see section 71ZK).^F1

(4)In subsection (3)(c), the reference to the effect of the giving of the overpayment notice is a reference to the Secretary of State’s powers to—^F1

(a)invite P to agree to a penalty under section 115A in relation to the overpayment;^F1

(b)recover the overpayment (if P agrees to pay such a penalty, or is convicted of an offence, in relation to the overpayment).^F1

(5)The condition in this subsection is met where—^F1

(a)the time for P to seek a review of the overpayment notice has passed without P seeking a review, or^F1

(b)if P sought a review of the notice within the time allowed, the review has taken place and—^F1

(i)the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or^F1

(ii)P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.^F1