The Social Security (Netherlands) Order (Northern Ireland) 2007

ARTICLE 27 Recovery of advance payments and overpayments of benefit

(1) Where a competent authority or competent institution of one Party has made a payment of any benefit to a person for any period, or event, in advance of the period, or event, to which it relates or has paid him any benefit for a period, or event, whether by virtue of this Convention or otherwise, and the competent authority or the competent institution of the other Party afterwards decides that the person is entitled to benefit for that period, or event, under its legislation, the competent authority or the competent institution of the latter Party, at the request of the competent authority or the competent institution of the former Party, shall deduct from the benefit due for that period, or event, under its legislation any overpayment which, by virtue of this Convention, results from the advance payment of benefit, or from the benefit paid, by the competent authority or the competent institution of the former Party and shall, where appropriate, transmit this sum to the competent authority or the competent institution of the former Party.

(2) When the competent authority or the competent institution of a Party has paid to a recipient of benefits a sum in excess of that to which he is entitled that competent authority or competent institution may, within the conditions and limits laid down by the legislation which it administers, request the competent authority or the competent institution of any other Party responsible for the payment of benefits to that recipient to deduct the amount overpaid from the amounts which it pays to the said recipient. The latter competent authority or competent institution shall make the deduction under the conditions and within the limits provided for such setting-off by the legislation which it administers, as if the sums had been overpaid by itself, and shall transfer the amounts deducted to the creditor authority or institution.

(3) Where a person has received social assistance under the legislation of one Party for a period for which that person subsequently becomes entitled to any benefit under the legislation of the other Party, the competent authority or the competent institution of the latter Party, at the request of and on behalf of the competent authority or the competent institution of the former Party, shall withhold the benefit due for that period and shall transmit the amount withheld to the competent authority or the competent institution of the former Party. The competent authority or the competent institution of the former Party shall deduct from the benefit due under the legislation of the other Party the amount by which the social assistance paid exceeded what would have been paid had the benefit under the legislation of the latter Party been paid before the amount of social assistance was determined. Any benefit not so deducted shall be transmitted to the person.