# The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2017, Regulation 6: Circumstances in which overpayment may be recovered


(1) The Department may recover an amount of overpayment in each of the following four cases.
(2) The first case is where—
(a) a person, whether fraudulently or otherwise, misrepresents or fails to disclose a material fact in connection with the person’s welfare supplementary payment or the person’s claim for a relevant social security benefit, and
(b) in consequence of that misrepresentation or failure, the person receives an overpayment.
(3) The second case is where—
(a) a person fails to provide notification of a change of circumstances affecting entitlement to welfare supplementary payment, or does so only after an unreasonable delay, and
(b) in consequence of that failure or delay, the person receives an overpayment.
(4) The third case is where—
(a) a mistake, whether in the form of an act or omission, is made in a person’s case by the Department or by an officer or a person providing services to the Department, and
(b) in consequence of that mistake, the person receives an overpayment.
(5) The fourth case is where—
(a) welfare supplementary payment is awarded in respect of a decision to reduce or remove entitlement to a relevant social security benefit,
(b) there is—
(i) a revision of this decision under Article 10 of the 1998 Order,
(ii) a supersession of this decision under Article 11 of the 1998 Order, or
(iii) an appeal against this decision under Article 13 of the 1998 Order,
(c) on revision, supersession or appeal, the person is awarded that relevant social security benefit or the amount of the relevant social security benefit that the person is entitled to increases, and
(d) in consequence, it transpires that the amount of welfare supplementary payment received was in excess of entitlement.
(6) The first and second case apply whether or not there has been a right of appeal under Article 13(4) of the 1998 Order in respect of any relevant social security benefit, entitlement to which is linked to the welfare supplementary payment.

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Source: https://www.legislation.gov.uk/nidsr/2017/9780338006882/regulation/6 (the official version)
Page: https://openlegislation.uk/draft-welfare-supplementary-payment-amendment-regulations-northern-ireland-2017/regulation-6
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.