The Recovery of Health Services Charges (Amounts) Regulations (Northern Ireland) 2006

Overpayments by compensators

6.—(1) This paragraph applies where—

(a) either—

(i) the the Department has made a re-determination of the relevant health services charges in accordance with regulation 5(4); or

(ii) as a result of a review under or by virtue of Article 8, or an appeal under Article 9 or 11, a fresh certificate has been issued or a certificate has been revoked; and

(b) in consequence of the re-determination, review or appeal it appears that the amount of any relevant health services charges paid by any person is more than the amount that the person ought to have paid.

(2) Where paragraph (1) applies—

(a) except where the the Department requires a payment to be made under sub-paragraph (b)(iii), the the Department shall pay to the person who paid the relevant health services charges the difference between the amount that has been paid and the amount that ought to have been paid; and

(b) where the the Department has (under Article 14) paid the amount received to an ambulance trust or responsible body(1), the the Department may—

(i) deduct the difference between the amount that has been paid under Article 14 and the amount that ought to have been paid from any future payment due to that trust or body under that Article,

(ii) require that trust or body to pay the difference to it, or

(iii) require that trust or body to pay that difference to the person who paid the relevant health services charges.

(1)

See Article 12(4) of the 2006 Order for the definitions of ambulance trust and responsible body