Regulation 3 The Child Benefit and Guardian’s Allowance (Administration) Regulations 2003

In Part 5 (overpayments and recovery), after regulation 42, insert—

“Recovery of overpayments from awards of child benefit and guardian’s allowance

42A.

(1)

Where any amount of child benefit or guardian’s allowance is recoverable from a person under—

(a)

section 71(1) of the Administration Act,

(b)

section 69(1) of the Administration (NI) Act, or

(c)

regulation 35(1) or 42(5),

that amount may be recovered by the adjudicating authority from any child benefit or guardian’s allowance payable to that person.

(2)

For the purposes of paragraph (1), child benefit or guardian’s allowance payable includes any payment of arrears of child benefit or guardian’s allowance other than a payment of arrears required to be made by regulation 21(1) of the Child Benefit and Guardian’s Allowance (Decisions and Appeals) Regulations 2003^f1.”.