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Regulation 102 Recovery of overpayments from prescribed benefitsI1

Northern Ireland

(1)

F1Subject to paragraph (2A), for the purposes of section 73(4) of the Administration Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are—

(a)

any benefit except guardian’s allowance;

(b)

income support;

(c)

any benefit payable under the legislation of any member State F2... concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71f1 F3, as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within F4the European Union, F5or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems, whether or not the benefit has been acquired by virtue of the provisions of F6either Regulation, as amended from time to time;

(d)

a jobseeker’s allowance;

(e)

state pension credit.

F7(f)

an employment and support allowance.

F8(g)

personal independence payment;

(F9ga)

adult disability payment;

(h)

universal credit.

(2)

For the purposes of paragraph (1)(c) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999f2 F10(as amended from time to time).

F11(2A)

For the purposes of section 73(4) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 99(1A), the benefits prescribed by this regulation are—

(a)

income support;

(b)

income-based jobseeker’s allowance;

(c)

state pension credit; F12...

(d)

income-related employment and support allowance.

(F13e)

personal independence payment;

(F14ea)

adult disability payment;

(f)

universal credit.

F15(3)

The Department shall, if requested to do so by an authority under regulation 99, recover a recoverable overpayment by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (2A) provided that the Department is satisfied that—

(a)

a recoverable overpayment has been made in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom a payment of housing benefit has been made; and

(b)

the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (2A) (as the case may be) to enable deductions to be made for the recovery of the overpayment.

(4)

In paragraph (1)(a), “benefit” has the meaning it has in section 121(1) of the Act.

Annotations

Textual amendments

F1

Words in reg. 102(1) inserted (6.4.2009) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/504), regs. 1(1), 2(4)(a)

F2

Words in reg. 102(1)(c) omitted (31.12.2020) by virtue of The Social Security (Amendment) (Northern Ireland) (EU Exit) Regulations 2019 (S.I. 2019/129), reg. 1(2), Sch. para. 8(3); 2020 c. 1, Sch. 5 para. 1(1)

F3

Words in reg. 102(1)(c) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085), reg. 1, Sch. para. 10(a)(i)

F4

Words in Regulations substituted (22.4.2011) by The Treaty of Lisbon (Changes in Terminology) Order 2011 (S.I. 2011/1043), arts. 2, 3-6, 8-10

F5

Words in reg. 102(1)(c) inserted (15.11.2018) by virtue of The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085), reg. 1, Sch. para. 10(a)(ii)

F6

Words in reg. 102(1)(c) substituted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085), reg. 1, Sch. para. 10(a)(iii)

F7

Reg. 102(1)(f) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(16)

F8

Reg. 102(1)(g)(h) added (20.6.2016 for specified purposes, coming into operation in accordance with reg. 1(3) of the amending Rule) by The Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (S.R. 2016/224), regs. 1(2)(d)(3), 32(2)(a)

F9

Reg. 102(1)(ga) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 24(6)(a)

F10

Words in reg. 102(2) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) (Northern Ireland) Regulations 2018 (S.I. 2018/1085), reg. 1, Sch. para. 10(b)

F11

Reg. 102(2A) inserted (6.4.2009) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/504), regs. 1(1), 2(4)(b)

F12

Word in reg. 102(2A)(c) omitted (20.6.2016 for specified purposes, coming into operation in accordance with reg. 1(3) of the amending Rule) by virtue of The Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (S.R. 2016/224), regs. 1(2)(d)(3), 32(2)(b)(i)

F13

Reg. 102(2A)(e)(f) added (20.6.2016 for specified purposes, coming into operation in accordance with reg. 1(3) of the amending Rule) by The Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (S.R. 2016/224), regs. 1(2)(d)(3), 32(2)(b)(ii)

F14

Reg. 102(2A)(ea) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 24(6)(b)

F15

Reg. 102(3) substituted (6.4.2009) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/504), regs. 1(1), 2(4)(c)

Commencement

I1

Reg. 102 in operation at 20.11.2006, see reg. 1(1)

Footnotes

f1

O.J. No. L149, 5.7.71, p.2; Regulation No. 1408/71 was restated in amended form in Regulation No. 118/97 (O.J. No. L28, 30.1.97, p.1)

f2

Cm 4904

Notes on Part XIII

Modifications

C1

Pt. XIII applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 33