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39.—(1) Where a person from whom a doctor received a fee under paragraph 38(f) applies to the FHSA for a refund within 14 days of payment of the fee (or such longer period not exceeding a month as the FHSA may allow if it is satisfied that the failure to apply within 14 days was reasonable) and the FHSA is satisfied that the person was on the doctor’s list when the treatment was given, the FHSA may recover the amount of the fee from the doctor, by deduction from his remuneration or otherwise, and shall pay that amount to the person who paid the fee.
(2) Where a doctor has supplied any drug or appliance in respect of which, in the case of a person on his list, he would have been entitled to payment, the FHSA shall credit him with the appropriate amount.
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