Part 7
Reviews and appeals
Appeals to appeal authority:
Rights of appeal
399Decision to recover excess amount
A person specified in a row of the following table may appeal to the appeal authority against a decision that is—
- of the kind specified in that row; and
- made in relation to the person or estate.
- to recover from S an amount in excess of the amount to which B was by law entitled; and
- made under regulations made under section 444; and
- that includes the decision that, in MSD’s opinion, S has made a false statement to or otherwise misled MSD, in relation to any matter; and
- that includes the decision that, as a result of S making a false statement to or otherwise misleading MSD, the benefit or an instalment of benefit was paid in excess of the amount to which B was by law entitled; and
- that is not a decision or determination of MSD that relates only to the temporary deferral, rate, or method or methods of debt recovery from B
- to recover from B an amount in excess of the amount to which S was by law entitled; and
- made under regulations made under section 444; and
- that includes the decision that all or part of proportion B (as referred to in regulations made under section 444) is an amount in excess of the amount to which B is by law entitled or to which B has no entitlement, and an amount obtained by fraud by B; and
- that includes the decision that S either knew, or ought to have known (even if S did not know), of the fraud by B; and
- that is not a decision or determination of MSD that relates only to the temporary deferral, rate, or method or methods of debt recovery from B
- to recover from S an unapportioned amount in excess of the amount to which B was by law entitled or to which B has no entitlement; and
- made under regulations made under section 444; and
- that, for the purposes of S’s right of appeal under this row, includes the decision that B obtained by fraud an amount in excess of the amount to which B was by law entitled or to which B has no entitlement; and
- that is not a decision or determination of MSD that relates only to the temporary deferral, rate, or method or methods of debt recovery from B
- to recover from B’s estate an amount in excess of the amount to which B was by law entitled; and
- made under regulations made under section 444
- to recover from S’s estate an amount in excess of the amount to which B was by law entitled; and
- made under regulations made under section 444; and
- that, for the purposes of the personal representative’s right of appeal under this row, includes the decision that B was paid an amount in excess of the amount to which B was by law entitled
A reference in this section to a decision to recover an amount from a person or estate includes (without limitation, and except as expressly provided in this section) all related decisions on all or any of the temporary deferral, rate, or method or methods, of debt recovery from the person or estate.
| Row | Person who may appeal | Decision of MSD that may be appealed | |
|---|---|---|---|
| Decision to recover from spouse or partner who misleads MSD excess amount beneficiary obtained | |||
| 1 |
A beneficiary’s (B’s) spouse or partner (S) |
A decision of MSD— |
|
| Decision to recover from spouse or partner apportioned excess amount beneficiary obtained by fraud | |||
| 2 |
A beneficiary’s (B’s) spouse or partner (S) |
A decision of MSD— |
|
| Decision to recover from spouse or partner unapportioned excess amount beneficiary obtained by fraud | |||
| 3 |
A beneficiary’s (B’s) spouse or partner (S) |
A decision of MSD— |
|
| Decision to recover excess amount from deceased beneficiary’s estate | |||
| 4 |
The personal representative of a deceased beneficiary (B) |
A decision of MSD— |
|
| Decision to recover excess amount from deceased spouse’s or partner’s estate | |||
| 5 |
The personal representative of a beneficiary’s (B’s) deceased spouse or partner (S) |
A decision of MSD— |
|
Compare
- 1964 No 136 s 12J(6), (8)–(15)