Section 48
Organization’s right where a principal employer fails or neglects to pay any contribution
of Employees' Social Security Act 1969
If any principal employer fails or neglects to pay any contribution which under this Act he is liable to pay in respect of any employee and by reason of it such person or his dependants become entitled to benefit on a lower scale, the Organization may, on being satisfied that the contribution should have been paid by the principal employer, pay to the person or their dependants the benefit at the rate to which he or they would have been entitled if the failure or neglect had not occurred and the Organization shall be entitled to recover from the principal employer either—
Employees’ Social Security 51
(i)
the difference between the amount of benefit which has been paid by the Organization to the said person or his dependants and the amount of the benefit which would have been payable on the basis of the contributions which were in fact paid by the employer; or
(ii)
twice the amount of the contribution which the employer failed or neglected to pay, whichever is greater.
(2)
The amount recoverable under this section may be recovered as a debt due to the Organization.
(3)
This section shall not apply to invalidity pension.