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Non Payment of an Administrative Penalty

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  • March 19, 2008 at 5:27 pm #21950
    bruced
    Participant

    As an Administrative Penalty is offered as an alternative to prosecution – what provisions are there to deal with non payment of an Ad Pen?

    Can’t see anything in Section 115A SSAA 92.

    I can only assume it must follow normal lines of debt recovery – my concern with that is that ultimately, if they disappear etc… the debt could be written off?!?

    Surely this can’t be right?

    Anyone have any opinions?
    Thanks

    March 25, 2008 at 3:50 pm #6123
    Anonymous
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    Section 75(7) of the Social Security Administration Act 1992 provides for overpayments to be recovered by execution in the County Court where all other attempts have been unsuccessful. If you apply to the court for an order of payment and the court then register a judgment you will then be able to enforce the debt via various methods if the debtor still doesn’t make an arrangment to pay. This can be via a warrant of execution, a charging order, attachment to earnings, etc.

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