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The Social Security (Recovery of Benefits) (Lump Sum Payments) Regulations (Northern Ireland) 2008

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Recovery of payment due under regulation 10

11.—(1) This regulation applies where a compensator has made a compensation payment but—

(a)has not applied for a certificate; or

(b)has not made a payment to the Department under regulation 10 before the end of the period allowed under that regulation.

(2) The Department may—

(a)issue the compensator who made the compensation payment with a certificate, if none has been issued; or

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

and (in either case) issue that compensator with a demand that payment of any amount due under regulation 10 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 compensator who made the compensation payment.

(4) Any amount recoverable under paragraph (3) is, if the county court so orders, 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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