The General Dental Services, Personal Dental Services and Abolition of the Dental Practice Board Transitional and Consequential Provisions Order 2006

Recovery of Overpayments

8.—(1) Where, before 1st April 2006, a dental practitioner had admitted an overpayment drawn to its attention by a Primary Care Trust or the Board under regulation 22 of the 1992 Regulations (recovery of overpayments) but the overpayment, or any part of it, had not been recovered, the amount overpaid, or any part of it not recovered before 1st April 2006, shall notwithstanding the revocation of the 1992 Regulations continue to be recoverable by that Primary Care Trust and shall be treated as a debt owed by that dental practitioner to that Primary Care Trust.

(2) Notwithstanding the revocation of the 1992 Regulations, where a Primary Care Trust considers that a payment has been made to a dental practitioner under the SDR when it was not due and that alleged overpayment has not been drawn to the dental practitioner’s attention by the Board or the Primary Care Trust before 1st April 2006, that Primary Care Trust may draw the overpayment to the attention of the dental practitioner and—

(a) where the overpayment is admitted by him, the Primary Care Trust may recover the amount overpaid from him as a civil debt; and

(b) where the overpayment is not admitted by him—

(i) the arrangements for appeals referred to in regulation 22(1)(b) of the 1992 Regulations as in force on 31st March 2006, as those arrangements had effect on 31st March 2006, shall apply,

(ii) if he does not appeal or appeals unsuccessfully, the Primary Care Trust may recover the amount of the civil debt.

(3) Where, before 1st April 2006, a Primary Care Trust has drawn a possible overpayment under the SDR to the attention of a dental practitioner, and the overpayment has not been admitted by him, then notwithstanding the revocation of the 1992 Regulations—

(a) the arrangements for appeals referred in regulation 22(1)(b) of the 1992 Regulations as in force on 31st March 2006, as those arrangements had effect on 31st March 2006, shall apply; and

(b) if he has not appealed or does not appeal, or is unsuccessful in an appeal, the Primary Care Trust may recover the amount as a civil debt.