(a) If an operator or carrier fails or refuses to commence the
payment of benefits within 30 days of issuance of an initial
determination of eligibility by the district director (see
Sec. 725.420), or fails or refuses to commence the payment of any
benefits due pursuant to an effective order by a district director,
administrative law judge, Benefits Review Board, or court, the fund
shall commence the payment of such benefits and shall continue such
payments as appropriate. In the event that the fund undertakes the
payment of benefits on behalf of an operator or carrier, the provisions
of Secs. 725.601 through 725.609 shall be applicable to such operator
or carrier.
(b) If benefit payments are commenced prior to the final
adjudication of the claim and it is later determined by an
administrative law judge, the Board, or court that the claimant was
ineligible to receive such payments, such payments shall be considered
overpayments pursuant to Sec. 725.540 and may be recovered in
accordance with the provisions of this subpart.
