16.—(1) This Article applies in cases where a fresh certificate of recoverable benefits is issued as a result of a review under Article 12 or an appeal under Article 13.
(2) If—
(a)a person has made one or more payments to the Department under Article 8, and
(b)in consequence of the review or appeal, it appears that the total amount paid is more than the amount that ought to have been paid,
regulations may provide for the Department to pay the difference to that person, or to the person to whom the compensation payment is made, or partly to one and partly to the other.
(3) If—
(a)a person has made one or more payments to the Department under Article 8, and
(b)in consequence of the review or appeal, it appears that the total amount paid is less than the amount that ought to have been paid,
regulations may provide for that person to pay the difference to the Department.
(4) Regulations under this Article may provide—
(a)for the recalculation in accordance with Article 10[F1or 10A] of the amount of any compensation payment,
(b)for giving credit for amounts already paid, and
(c)for the payment by any person of any balance or the recovery from any person of any excess,
and may provide for any matter by modifying this Order.
F1Words in art. 16(4)(a) inserted (31.3.2014) by Mesothelioma Act 2014 (c. 1), s. 19(1), Sch. 1 para. 16; S.I. 2014/459, art. 3(c)