Regulation 9 Interpretation

(1)

In this Part–

“date of receipt” in relation to a repayment shall be construed in accordance with paragraphs (2) and (3);
“disability related benefit” means long term incapacity benefit or short term incapacity benefit at the higher rate, severe disablement allowance, disability living allowance, industrial injuries benefit and disability working allowance, all payable under the Social Security Contributions and Benefits Act 1992^f1, or the amount of any disability premium and severe disability premium included in the applicable amount in calculating the income support payable under the Income Support (General) Regulations 1987^f2.

(2)

For the purposes of this Part a repayment shall be considered to have been paid by the borrower and received by the Secretary of State as follows:

(a)

where an amount is paid by the borrower directly to the Secretary of State, a repayment of that amount shall be considered to have been received by him on the date on which the amount is in fact received;

(b)

where the Board has notified the Secretary of State that an amount has become payable to the Board in respect of a year of assessment under Part III, a repayment of that amount shall be considered to have been received by him on 31st January following the year of assessment, whether or not the borrower has in fact paid any or all of that amount to the Board; and

(c)

where an amount is deducted by an employer under Part IV that amount shall be aggregated with all other such amounts deducted in the same year of assessment and repayments of the aggregate amount shall be considered to have been received by the Secretary of State in equal instalments received on the days during the year of assessment which are–

(i)

the last days of a month,

(ii)

days after the date on which the Secretary of State has given notice under regulation 11(5)(b) that payment should be deducted, and

(iii)

days before the date on which he has given notice under regulation 11(5)(e) that payment should cease to be deducted.

Annotations

Footnotes

f1: 1992 c. 4, amended by the Social Security (Incapacity for Work) Act 1994 (c. 18), sections 1 to 3, 5 to 6, 8 to 11 and Schedules 1 and 2.
f2: S.I. 1987/1967 (see Parts III and IV of Schedule 2); the relevant amending regulations are S.I. 1988/663, 1988/2022, 1989/1678, 1991/1559, 1991/2742, 1993/1150, 1993/2119, 1994/2139, 1994/3061, 1995/482, 1995/515, 1997/543.