Garnishment, Attachment and Pension Diversion Act

Marginal note:Errors in amounts paid

• 42 (1) Where a diversion payment made to an applicant is less than the amount that should have been paid to the applicant pursuant to this Part, the amount of the deficiency

  • (a) to the extent that it was in error paid to the recipient, becomes a debt due to Her Majesty by the recipient, and may be recovered from the recipient at any time by set-off against future pension benefits to be paid to the recipient; and

  • (b) to the extent that it was in error retained by Her Majesty, becomes a debt due to the applicant by Her Majesty.

• Marginal note:Idem

  (2) Where a diversion payment made to an applicant is greater than the amount that should have been paid to the applicant pursuant to this Part, the amount of the excess becomes a debt due to Her Majesty by the applicant, and may be recovered from the applicant at any time by set-off against future diversion payments to be paid to the applicant under this Part.