Widows' and Orphans' Pensions Act, 1935

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Repayment of pensions overpaid.

57.—(1) If it is found at any time that a person has been in receipt of a pension during any period during which such person was not entitled thereto, or has been in receipt of a pension at a higher rate than that appropriate to the case, then such person or, in case such person is dead, the personal representative of such person, shall be liable to pay to the Minister on demand any sums paid to such person in respect of the pension during such period or, as the case may be, a sum representing the difference between a pension at the rate actually paid and a pension at the rate appropriate to the case.

(2) Any sum payable by a person to the Minister under this section shall be a debt due by such person to the Minister and may be recovered by the Minister as a simple contract debt in a court of competent jurisdiction or by deduction from any payment or payments on account of a pension to which such person subsequently becomes entitled.

(3) Every sum repaid or recovered by the Minister under this section shall be paid into the Widows' and Orphans' Pensions Fund.

(4) The provisions of this section shall apply with the necessary modifications in the case of a person to whom a pension or a child's allowance is paid under any of the provisions of this Act for or for the benefit of any person.