90Recovery of payments

90 Recovery of payments (1) The Authority or a self-insurer may recover from a worker, an employer or any other person any payment of compensation or other amount to which the worker, employer or other person is not entitled. S. 90(1A) inserted by No. 5/2021 s. 10. (1A) Subsection (1) does not apply in respect of provisional payments made under Division 10 of Part 5, except in the case of a payment obtained fraudulently. (2) If the Authority recovers from a worker any amount paid as compensation to the worker by the worker's employer to which the worker is not entitled, the Authority may reimburse that amount to the employer. (3) The Authority may recover from an employer the amount of any penalty or cost incurred by the Authority as a result of the employer failing to pay compensation as required by this Act or the **Accident Compensation Act 1985**. (a) an amount of compensation under this Act or the **Accident Compensation Act 1985** has been paid to a person in consequence of a false or misleading statement or representation or in consequence of a failure or omission to comply with a provision of this Act or the **Accident Compensation Act 1985**; or (b) a person is liable to pay an amount to the Authority or a self-insurer under this Act or the **Accident Compensation Act 1985**— the amount concerned is recoverable by the Authority or a self-insurer from a person in a court of competent jurisdiction as a debt due to the Authority or self-insurer. (a) an amount is recoverable from a person under subsection (4); and (b) an amount is payable under this Act or the **Accident Compensation Act 1985** to or for the benefit of that person— the recoverable amount may be deducted from the amount so payable, despite anything to the contrary in section 176(1) of this Act or section 97(4) of the **Accident Compensation Act 1985**.