Section 5E: Recovery of overpayment

5E. Recovery of overpayment (1) Where a lump sum, a Transition Unemployment Benefit or any other benefit has been paid into a bank account of an employee and it is subsequently found by the Permanent Secretary that the lump sum or benefit should not have been so paid, the bank shall, on written request by the Permanent Secretary, refund the amount so paid to the Fund and may debit the account accordingly. (2) (a) Where the bank account is closed, the bank shall not be required to refund to the Fund the amount paid under subsection (1). (b) When the amount standing in the bank account is less than the amount paid under subsection (1), the bank shall refund only the amount standing in the bank account. (3) Notwithstanding any other enactment, where a refund is made under this section, no action shall lie against the bank in respect of the amount so refunded. (4) Where an employee has received a Transition Unemployment Benefit to which he was not entitled, any amount overpaid may be recovered from any balance in his National Savings Fund Account. [S. 5E inserted by s. 70 (4) (e) of Act 33 of 2008 w.e.f. 2 February 2009.] [Issue 5] N23 – 6 Revised Laws of Mauritius