(a) the claimant
is not entitled under this Division to any weekly payments of
statutory benefits that have been paid to the claimant, or
(b) the amount of
any weekly payments of statutory benefits that have been paid to the claimant
exceeds the amount to which the claimant is entitled under this Division,
the
Commission may direct the claimant to refund to the person who made the
payments any amount to which the claimant is not entitled in respect of
payments during the period of 2 years (or such shorter or longer period as the
Commission considers to be appropriate) from the date of payment.
(2) Any
such refund may, in accordance with the terms of the direction of the
Commission, be deducted from future weekly payments of statutory benefits to
the claimant or be recovered as a civil debt under subsection (6).
(3)
Without limiting this section, the Commission may give such directions as it
thinks fit for the adjustment of weekly payments of statutory benefits to a
claimant to take account of any overpayments made to the claimant (whether or
not in the circumstances referred to in subsection (1)) in respect of any
previous period.
(4) A court before which proceedings for an offence under
section 3.18 (Claimant to notify change of circumstances) are taken against a
person may, on the application of the Authority (whether or not the person is
convicted of the offence), give any direction that it is satisfied the
Commission could give under this section as a result of the return to or
commencement of employment or change in employment to which the alleged
offence relates. The standard of proof that applies in connection with an
application under this subsection is proof on the balance of probabilities.
(5) The power conferred on a court by subsection (4) does not authorise the
giving of a direction for the adjustment of weekly payments of
statutory benefits.
(6) A direction of the Commission or a court under this
section is enforceable as a civil debt and may be recovered as such in any
court of competent jurisdiction by the person to whom the direction requires
payment to be made.
(7) This section does not limit--
(a) any other right of
recovery that a person may have against another person in respect of any
overpayment of statutory benefits to that other person, or
(b) any agreement
between the parties concerned for the refund of any overpayment of
statutory benefits.
