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Section 42

Repayment of benefits improperly received

of Employment Insurance System Act 2017

ActIn forceProvision 42 of 90
Section 42
(1)

Subject to section 39, where an insured person has received any benefit under this Act which he is not entitled to, he shall be liable to repay the amount of such benefit to the Organization, or in the case of the death of an insured person, the administrator of the deceased insured person’s estate shall be liable to repay the amount of such benefit to the Organization from the deceased insured person’s estate.

(2)

The amount of the benefit received under subsection (1) shall be recovered as a debt due to the Organization.

(3)

Notwithstanding subsections (1) and (2), where any person has received any benefit under this Act which he is not entitled to, and subsequently becomes entitled to any other benefit under this Act, the

Organization may set off the amount of the benefit which he is not entitled to against the amount of the other benefits which he becomes entitled to.