## Lump sums 

24. —(1) A person entitled to victims’ payments is entitled on application to receive instead a lump sum if— 

(a) the person is over the age of 60, or 

(b) the person is terminally ill. 

(2) An application under paragraph (1) must be— 

(a) made to the Board; 

(b) in writing; 

(c) on a form approved for the purpose by the Board, and 

(d) signed by or on behalf of the applicant. 

(3) An application to receive a lump sum may be made— 

(a) at the same time as an application for victims’ payments; 

(b) whether or not the person is over the age of 60 at the time of the application. 

(4) Subject to paragraph (5), the lump sum is the amount of victims’ payments that would be payable to the person in the period of ten years beginning with— 

(a) in the case of a person to whom paragraph (1)(a) applies, the person’s 60th Birthday, or 

(b) in the case of a person to whom paragraph (1)(b) applies, the date of the application to receive a lump sum. 

(5) Where an application to receive a lump sum is made at the same time as an application for victims’ payments, the lump sum must include any amount of victims’ payments payable in accordance with regulation 21. 

(6) For the purpose of calculating the amount of the lump sum no regard is to be had to the possibility of— 

(a) the rate specified in column 2 of the table in Part 2 of Schedule 1 to The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 being increased; 

(b) the person’s assessed degree of relevant disablement increasing or decreasing, or 

(c) any other change of circumstance. 

(7) Where a person is paid a lump sum in accordance with this Regulation, the person— 

(a) has no further entitlement to victims’ payments (and accordingly regulation 23(1) does not apply), and 

(b) may not bring an appeal. 

## Overpayments 

25. —(1) The Board may recover any amount of victims’ payments or a lump sum paid in excess of entitlement. 

(2) Overpayments are recoverable from the person to whom the overpayment was made. 

(3) Where a person receives victims’ payments or a lump sum on behalf of another person (whether pursuant to an appointment under regulation 48(1) or otherwise), overpayments are recoverable from the person on whose behalf the payments were received (as well as from the person to whom the overpayment was made). 

(4) Any amount recoverable from a person may be recovered by deducting the amount from further payments of victims’ payments, or from payment of a lump sum, made to that person. 

(5) An amount recoverable under paragraph (1) is, if the county court so orders, recoverable as if it were payable under an order of that court. 

(6) Any costs of the Board in recovering an amount under this regulation may be recovered by the Board as if the costs were amounts recoverable under paragraph (1). 

