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Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021
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74Liability for redress payments made in error
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(1)A person is liable to pay the Scottish Ministers the value of any redress payment to the extent that it is paid to the person due to a relevant error.
(2)A person’s liability under subsection (1) is the difference in value between—
(a)the redress payments that are paid to the person, and
(b)the redress payments (if any) that would have been paid to the person had the relevant error not been made.
(3)Where the Scottish Ministers seek to recover a sum due to them by a person under subsection (1), the sum may be paid—
(a)in such instalments as are agreed at the request of, or otherwise with the consent of, the person, or
(b)otherwise, as a single payment.
(4)In this section, references to a relevant error are to—
(a)an error when making a payment of a redress payment,
(b)an error which Redress Scotland determines under section 75, or, as the case may be, on a review under section 76, led to a determination under this Part being made—
(i)incorrectly, or
(ii)correctly but on the basis of incorrect or misleading information,
in a way which materially affected the determination.
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