Western Australian Consolidated Acts Western Australian Consolidated Acts (1) This regulation
applies if an Employer makes a payment to the Fund that the Employer is not
required by these regulations to make (an
"overpayment").
(2) The Employer must
notify the Board of the overpayment as soon as possible after the Employer
becomes aware of it, unless the Board has already notified the Employer under
subregulation (3).
(3) If the Board
becomes aware of the overpayment before being notified by the Employer, the
Board is to notify the Employer.
(4) If, when the Board
becomes aware of the overpayment, the overpaid amount has not been credited to
an accumulation account, the Board may —
(a)
retain the overpaid amount and offset it against amounts that become payable
to the Fund by the Employer in the future; or
(b)
refund the overpaid amount to the Employer.
(5) If, when the Board
becomes aware of the overpayment the overpaid amount —
(a) has
been credited to an accumulation account; but
(b) has
not been paid as a benefit or transferred out of that account,
the Board
may —
(c)
retain the overpaid amount in that accumulation account and offset it against
contributions that become payable by the Employer in the future and are to be
credited to that account; or
(d)
deduct the overpaid amount from that accumulation account and deal with it in
accordance with subregulation (4).
(6) If, when the Board
becomes aware of the overpayment, the overpaid amount has been paid or
transferred as part of a benefit, the overpaid amount is not repayable from
the Fund to the Employer unless the making of the overpayment was due to the
fault of the Board.
[Regulation 248B inserted in Gazette
13 Apr 2007 p. 1663-5.]