PART 2

GIVING OF ASSISTANCE BY SCOTTISH MINISTERS
CHAPTER 5

RECOVERY OF VALUE OF ASSISTANCE

Assistance given in error

Exclusion of other rights of recovery
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1
An individual given assistance in error has no non-statutory obligation based on redress of unjustified enrichment to pay the value of that assistance to the Scottish Ministers.
2
In subsection (1)—
a
“non-statutory obligation” means an obligation that arises from a rule of law rather than an enactment,
b
the reference to assistance being given in error is to be construed in accordance with section 63(4).