45.— (1) If at any time a person receives—

(a) retirement benefits, or other benefits under the Scheme, to which the person is not entitled under this Chapter, or

(b) an amount in respect of retirement benefits, or other benefits under the Scheme, which is greater than that which the person is entitled to under this Chapter,

then the person or, where he or she has died, his or her legal personal representative, shall repay to the relevant authority concerned such payments or excess payments, as may be appropriate.

(2) Repayments for the purposes of subsection (1) may be in a form, including a reduction in any benefits payable under the Scheme at that time, or be in accordance with a payment schedule, as may be agreed between the parties concerned with the consent of the Minister.

(3) In default of any repayment in accordance with this section, the full amount of the excess payment outstanding may be recovered by the relevant authority concerned as a simple contract debt in any court of competent jurisdiction.