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Social Security Administration Act 1992 (1992 c 5) | Legislation

Part III Overpayments and Adjustments of Benefit

Misrepresentation etc

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(1)     Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure—

(a)     a payment has been made in respect of a benefit to which this section applies; or

(b)     any sum recoverable by or on behalf of the Secretary of State in connection with any such payment has not been recovered,

the Secretary of State shall be entitled to recover the amount of any payment which he would not have made or any sum which he would have received but for the misrepresentation or failure to disclose.

[(2)     Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall [in the case of the Secretary of State or [the First-tier Tribunal], and may in the case of [the Upper Tribunal] or a court]—

(a)     determine whether any, and if so what, amount is recoverable under that subsection by the Secretary of State, and

(b)     specify the period during which that amount was paid to the person concerned.]

(3)     An amount recoverable

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