Social Security Act (Cap. 318), article 102

102. (1) Save as provided for in article 98(3), with effect from the 1st of April 1978, any pers on who has received any sum by w ay of benefit, pension, allowance or assistance under this Act to which he was not entitled in terms of the provisions of this Act shal l be liable to repay to the Director the sum so received by him, and the Director shall, without prejudice to any other right competent to him at law, recover such sum by means of deductions from any benefit, pension, allowance or a ssistance to which he thereafte r becomes entitled: Provided that, with effect from the 6th January 1990 - (i) where such overpayment occurs as a result of the non-disclosure or misrepresentation of a material fact (whether the non-disclosure or misrepresentation was or was not fraudulent) the rate of recovery by means of deductions from any benefit, pension, allowance or assistance to which he thereafter becomes entitled shall be determined by the Director but shall in no case be less than the equivalent of 10% of the rate of benefit, pension, allowance or assistance to which he thereafter becomes entitled; and (ii) where such overpayment occurs as a result of any eventuality other than those mentioned in paragraph (i) of this proviso, the rate of recovery by means of deductions from any benefit, pension, allowance or assistance to which he thereafter becomes entitled shall also be determined by the Director but shall in no case exceed the equivalent of 5% of the rate of benefit, pension, allowance or assistance to which he thereafter becomes entitled unless the 104 CAP. 318.] SOCIAL SECURITY beneficiary or pensioner concerned, as the case may be, requests that a higher rate of such deduction be effected; so however that, in any case the Director shall have no right to effect any such deductions as are referred to in this paragraph in respect of overpayments which have been made prior to the period of two years going back from the date when the Director became aware of such overpayment irrespective of the period to which the overpayment refers: Provided further that, with the exclusion of the provisions of paragraph (i) of the foregoing proviso of this sub-article and the provisions relating to the period of years in respect of which overpayments shall be refunded as are referred to in paragraph (ii) of the said proviso, the foregoing proviso of this sub-article shall, with effect from the 6th January, 1990, also apply to cases whe rein such overpayment was discovered by the Department at any time before the 6th January, 1990, and such overpayment or part thereof was still due to the Departme nt after the aforesaid date. (2) Where any person received any Unemployment Benefit, Special Unemployment Benefit or Social Assistance under this Ac t under false pretences, and between the 1st November, 1990, and the 31st December, 1990, both dates inclusive, voluntarily came forward and informed Jobsplus of his abuse in this respect, suc h person shall, for the purposes of this article, not be deemed l iable to repay to the Director any benefi t or assistance as aforesaid in this sub-article so paid to him in respect of any period up to the d ate when he so informed the above-mentioned Corporation. (3) Where any person is in receipt of any benefit, pension, allowance or assistance payable under this Act, and has failed to pay any Class Two contribution due in terms of the provisions o f this Act, or has paid a contribution at a rate, or at a categor y, or of a class which is not in accordance with the provisions of this Ac t, the Director may recover any amount due in respect of such contributions by means of deductions from any benefit, pension, allowance or assistance to which such person thereafter becomes entitled, and the rate of recovery for such deductions shall be as provided for in terms of paragraph (i) of the first proviso to sub- article (1). (4) Where any person who is in r eceipt of any bene fit, pension, allowance or assistance payable under this Act has received any sum by way of benefit, pension, allowance or assistance under t his Act to which he was not entitled in terms of the provisions of this Act, and subsequently becomes entitled to a lump sum by way of any arrears of benefit, pension, allowance or assistance payabl e under this Act as a result of any revision, re-assessment or entitlement to new benefit, pension or allowance under this Act, then any sum still due to be refunded in terms of sub-article ( 1) shall, to the extent that such s um can be so deducted, be deduc ted from any arrears to which he may subsequently become entitled a s aforesaid. SOCIAL SECURITY [CAP. 318. 105 Recovery of benefits in respect of injury caused by wilful act or negligence. Re-numbered by: XXIV . 1993.2. Amended by: XXI.1996.50. XXXIII.2024. First Schedule. Cap. 16.