Deposit Takers Act 2023

Depositor compensation scheme - Entitlement to compensation - Payment of entitlements

226: Recovery of compensation paid in excess or in error under scheme

You could also call this:

"Paying back extra or mistaken compensation to the Bank"

Illustration for Deposit Takers Act 2023

If you get more compensation than you should under the Deposit Takers Act 2023, the Bank can get that extra money back from you. The Bank can also get back money that was paid to you by mistake. You have to pay back the money in the way the Bank tells you to. The money you have to pay back is like a debt to the fund, as explained in section 197(4). When the Bank gets the money back, they put it into the fund, and then they can use that money to pay for things they need to do as part of their job under this Act.

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Part 6Depositor compensation scheme
Entitlement to compensation: Payment of entitlements

226Recovery of compensation paid in excess or in error under scheme

  1. This section applies if—

  2. any compensation paid to, or on account of, an eligible depositor out of the fund exceeds what ought to have been paid under this Act; or
    1. any compensation is paid in error to, or on account of, any person.
      1. The Bank may recover the amount paid in error or excess from the person who received the compensation.

      2. The person must repay the money in the manner that is specified by the Bank.

      3. An amount paid in error or excess to any person is money owing in respect of the fund (see section 197(4)).

      4. On recovering an amount paid in error or excess under this section, the Bank must pay the amount into the fund.

      5. After the amount is paid into the fund, the Bank may pay the amount out of the fund (in whole or in part) to meet any obligation payable by the Bank in connection with the Bank performing or exercising functions, powers, or duties under this Part.