PART IILiability to Maintain, Recovery of Expenditure and Offences

Recovery of expenditure

20Recovery in cases of misrepresentation or non-disclosure

1

If, whether fraudulently or otherwise, any person misrepresents, or fails to disclose, any material fact, and in consequence of the misrepresentation or failure—

a

the Secretary of State incurs any expenditure under this Act; or

b

any sum recoverable under this Act by or on behalf of the Secretary of State is not recovered ;

the Secretary of State shall be entitled to recover the amount thereof from that person.

2

If, whether in connection with any legal proceedings or otherwise, any question arises whether any amount paid by way of supplementary benefit is recoverable by the Secretary of State under this section, or as to the amount so recoverable, the question shall be referred to the Appeal Tribunal, and the decision of the tribunal shall be conclusive for all purposes.

3

A certificate signed by the clerk of the Appeal Tribunal showing the decision of the tribunal upon a question referred to it under subsection (2) above shall be conclusive evidence of that decision in any legal proceedings; and any certificate purporting to be signed by the clerk of the Appeal Tribunal shall be deemed to be so signed unless the contrary is proved.

4

Where any amount paid by way of supplementary benefit is recoverable under this section, it may, without prejudice to any other method of recovery, be recovered by deduction from benefit under Part II of the [1975 c. 14.] Social Security Act 1975 or Part II of the [1975 c. 60.] Social Security Pensions Act 1975.

5

Until 6th April 1979, in subsection (4) above, the words " or Part II of the Social Security Pensions Act 1975 " shall be omitted.