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Recovery of payment of financial support
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21. (1) Where it comes to the knowledge of the scheme administrator that—
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(a) all or part of the payment of financial support in respect of a child has been procured through fraud or misrepresentation, or
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(b) there has been an overpayment of financial support in respect of a child,
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then the amount of that financial support so procured, or of that overpayment, as the case may be, shall be repayable to the scheme administrator on demand and, if not so repaid, the scheme administrator may recover the amount, as a simple contract debt in any court of competent jurisdiction from the person to whom the overpayment was made.
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(2) Without prejudice to the rights of the scheme administrator under subsection (1), the scheme administrator may reduce the amount of financial support which would be payable under the Scheme in relation to one or more children until the total of the excess payments has been recovered by the scheme administrator.
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(3) Where an excess amount of financial support has been paid in respect of a child by reason of the fraud or misrepresentation of a parent of the child the subject of the application, such excess shall be payable by the parent to the scheme administrator and if not so paid, may be recovered from the parent as a simple contract debt in any court of competent jurisdiction.
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