§ Mr. Jack
Section 53 of the Social Security Act 1986 applies a common test to the recovery of overpaid social security benefits. The statutory test is whether the overpayment results frommisrepresentation or failure to disclose a material fact".
The independent adjudicating authorities administer this test, deciding whether an overpayment has occurred and whether it is recoverable. If an overpayment is determined to be recoverable the Department on behalf of the Secretary of State is entitled to seek recovery.