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Garnishment, Attachment and Pension Diversion Act

Version of section 42 from 2002-12-31 to 2019-06-20:


Marginal note:Errors in amounts paid

  •  (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.

  • 1980-81-82-83, c. 100, s. 32

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