74Recovery from worker

74 Recovery from worker (1) This section applies if there has been an overpayment of benefits under this Act. (2) Unless otherwise ordered by the Court, an overpayment cannot be recovered from the worker to whom the overpayment was made if: (a) the benefit payable was incorrectly calculated by the employer or insurer who made the payment; or (b) the payment was made in respect of a period more than 6 months before the date on which recovery of the overpaid amount was sought. (3) In deciding whether to order that recovery of an overpaid amount is to be permitted, the Court must take into account whether the worker should reasonably have been aware that the benefit had been overpaid. (4) This section applies in relation to a worker who is, or was, a public sector employee, despite anything to the contrary in the Financial Management Act 1995.

Return to Work Act 1986 72