Health (Repayment Scheme) Act 2006

Recovery of payment of prescribed repayment procured through fraud or misrepresentation, etc.

17.— (1) Where it comes to the knowledge of the scheme administrator that—

(a) all or part of the payment of a prescribed repayment to a person has been procured through fraud or misrepresentation, or

(b) there has been an overpayment of a prescribed repayment to, or in respect of, a person,

then the scheme administrator shall make a report thereon to the Executive.

(2) Where it comes to the knowledge of the Executive (whether or not pursuant to a report under subsection (1)) that—

(a) all or part of the payment of a prescribed repayment to a person has been procured through fraud or misrepresentation, or

(b) there has been an overpayment of a prescribed repayment to, or in respect of, a person,

then the amount of that prescribed repayment so procured, or of that overpayment, as the case may be, shall be repayable to the Executive on demand and, if not so repaid, the Executive may recover the amount, as a simple contract debt in any court of competent jurisdiction, from the person to whom the prescribed repayment or overpayment, as the case may be, was made or the estate of thatperson.