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The Social Security (Recovery of Benefits) (Northern Ireland) Order 1997

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This is the original version (as it was originally made).

Recovery of payments due under Article 8

9.—(1) This Article applies where a person has made a compensation payment but—

(a)has not applied for a certificate of recoverable benefits, or

(b)has not made a payment to the Department under Article 8 before the end of the period allowed under that Article.

(2) The Department may—

(a)issue the person who made the compensation payment with a certificate of recoverable benefits, if none has been issued, or

(b)issue him with a copy of the certificate of recoverable benefits or (if more than one has been issued) the most recent one,

and (in either case) issue him with a demand that payment of any amount due under Article 8 be made immediately.

(3) The Department may, in accordance with paragraph (4), recover the amount for which a demand for payment is made under paragraph (2) from the person who made the compensation payment.

(4) Any amount recoverable under paragraph (3) shall, if the county court so orders, be enforceable as if it were payable under an order of that court.

(5) A document bearing a certificate which—

(a)is signed by a person authorised to do so by the Department, and

(b)states that the document, apart from the certificate, is a record of the amount recoverable under paragraph (3),

is conclusive evidence that that amount is so recoverable.

(6) A certificate under paragraph (5) purporting to be signed by a person authorised to do so by the Department is to be treated as so signed unless the contrary is proved.

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