Section 71ZK | Overpayment of non-benefit payments: reviews and appeals ^F1

(1)A person (“P”) given an overpayment notice under section 71ZJ may apply to the Secretary of State for a review of the notice on the following grounds—

(a)that there has been no overpayment of a non-benefit payment, or

(b)that the amount stated in the notice is not correct.

(2)An application under subsection (1) must be made before the end of the period of 1 month beginning with the day after the day on which P was given the notice.

(3)On a review, the Secretary of State may—

(a)uphold the notice,

(b)amend the notice, or

(c)revoke the notice.

(4)The Secretary of State must notify P of the outcome of the review.

(5)Where an overpayment notice is upheld or varied on a review, P may appeal to the First-tier Tribunal against the notice on the following grounds—

(a)that there has been no overpayment, or

(b)that the amount stated in the notice is not correct.

(6)An appeal under subsection (5) may not be brought after the end of—

(a)the period of 1 month beginning with the day after the day on which P is notified of the outcome of the review, or

(b)such longer period (if any) as the Tribunal considers reasonable in all the circumstances.

(7)The First-tier Tribunal may—

(a)uphold the notice,

(b)vary the notice, or

(c)revoke the notice.