The Local Government (Early Termination of Employment) (Discretionary Compensation) Regulations (Northern Ireland) 2007

Payments and repayments

7.—(1) Any compensation payable is payable to or in trust for the person entitled to receive it.

(2) Where any compensation is paid in error to any person—

(a) the Scheme employer must, as soon as possible after the discovery of the error—

(i) inform the person concerned, by notice in writing, giving details of the relevant calculation;

(ii) where there has been an underpayment, make further payment;

(iii) where there has been an overpayment, specify a reasonable period for repayment;

(b) a person who has received a notice under sub-paragraph (a) must repay any overpayment within the specified period; and

(c) the Scheme employer may take such steps as they consider appropriate to recover from the person to whom it was paid any overpayment which has not been repaid within the specified period.

(3) The Scheme employer shall take into account the person’s circumstances (so far as known or reasonably ascertainable) before taking steps under paragraph (2)(c).