Regulation 11 Recovery of overpayment: deduction from benefits

The Department may, in the case of a person from whom an amount is recoverable under regulation 8, recover the outstanding amount (subject to regulation 9(1)(b)) by making deductions from such amounts as are payable by way of relevant benefit in that person’s case.

Each of the benefits listed in Schedule 1 is a “relevant benefit”.

In the case of a relevant benefit which is income-related, a deduction under this regulation may, for any week for which the benefit is payable in that person’s case, be made at a rate of not more than 3 times 5% of the relevant personal allowance (see paragraph (6)).

In the case of a relevant benefit which is not income-related, a deduction under this regulation may, for any week for which the benefit is payable in that person’s case, be made at a rate of not more than one-third of the amount of the benefit that is applicable to that person.

Each of the following relevant benefits is “income-related”—

“Relevant personal allowance” means the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support (General) Regulations (Northern Ireland) 1987^f1; and where 5% of that allowance is not a multiple of 5 pence, it is to be rounded up to the next higher multiple of 5 pence.

A reference to contribution-based or income-based jobseeker’s allowance is to be construed in accordance with the Jobseekers (Northern Ireland) Order 1995^f2.

A reference to contribution-related or income-related employment support allowance is to be construed in accordance with Part 1 of the Welfare Reform Act (Northern Ireland) 2007^f3.