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The National Health Service (General Medical Services) (Scotland) Regulations 1995
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- UK Statutory Instruments
- 1995 No. 416 (S. 29)
- PART VII
- Regulation 36
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Claims and overpayments
36.—(1) Any claim for fees, allowances or other remuneration by doctors shall be made in accordance with the provisions of the Statement under regulation 35.
(2) Where the Board considers that a payment has been made in circumstances when it was not due, the Board, except to the extent that the Secretary of State on the application of the Board directs otherwise, shall draw the overpayment to the attention of the doctor and—
(a)where the overpayment is admitted by him; or
(b)where the overpayment is not so admitted but, the matter having been referred under regulation 8(1) of the National Health Service (Service Committees and Tribunal) (Scotland) Regulations 1992(1) for investigation, the Board, or the Secretary of State on appeal under regulation 12 of those Regulations, decides that there has been an overpayment,
the amount overpaid shall be recoverable either by deduction from the doctor’s remuneration or in some other manner.
(3) Recovery of an overpayment under this regulation shall be without prejudice to the investigation of an alleged breach of the terms of service.
(1)
S.I. 1992/434, amended by S.I. 1994/3038.
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