PART 2

GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 5

RECOVERY OF VALUE OF ASSISTANCE

Assistance given in error

Liability for assistance given in error
63
1
An individual is liable to pay the Scottish Ministers the value of any assistance that was given to the individual due to an error (but see section 64).
2
For the avoidance of doubt, the individual’s liability under subsection (1) is limited to the difference in value between—
a
the assistance that was given, and
b
the assistance (if any) that would have been given had the error not been made.
3
If the assistance was given in a form other than money, its value for the purposes of this section is what giving it cost the Scottish Ministers (excluding any administration costs).
4
In this section and section 64, references to an error are to—
a
an error in the performance of a function conferred by virtue of this Part, including a decision under section 50(1) being made—
i
wrongly, or
ii
correctly but on the basis of—
A
incorrect information, or
B
an assumption which proves to be wrong,
b
a new decision under section 50(1) not being made after an assumption on the basis of which an earlier decision was made has proved to be wrong.