58Overpayment of pensions or benefits

58 Overpayment of pensions or benefits

If a person has received a payment of a pension or other benefit under these regulations or the former regulations and it is subsequently discovered that the payment was in excess of the amount properly payable –

(a) the Commission may require repayment to be made on any terms that the Commission thinks just; or

(b) the Commission may write off the whole or any part of the excess amount so paid if the Commission is satisfied that –

(i) forcing that person to repay the excess amount would impose on the person undue financial hardship or would be inequitable; and

(ii) the payment of the excess amount was not due to the fault of the person.