Article 19 Recoupment: further provisions
Northern Ireland
Where in pursuance of any regulations under Article 18 a sum has been recovered by or paid to the Department of Health and Social Services by way of total or partial recoupment of F1universal credit, jobseeker's allowance F2, income support or income-related employment and support allowance—
no sum shall be recoverable under Part III or V of the 1992 c. 8. Social Security Administration Act (Northern Ireland) 1992, and
no abatement, payment or reduction shall be made by reference to the F3universal credit, jobseeker's allowance , income support or income-related employment and support allowance recouped.
Any amount found to have been duly recovered by or paid to the Department of Health and Social Services in pursuance of regulations under Article 18 by way of total or partial recoupment of 1 jobseeker's allowance shall be paid into the Northern Ireland National Insurance Fund.
In Article 18—
“monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that Article, and
“the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that Article.
In Article 18 “income-based jobseeker's allowance” has the same meaning as in the 1995 NI 15. Jobseekers (Northern Ireland) Order 1995.
In this Article and Article 18 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act (Northern Ireland) 2007 (employment and support allowance).
In this Article and Article 18 “universal credit” means universal credit under Part 2 of the Welfare Reform (Northern Ireland) Order 2015.
Annotations
Textual amendments
- F1
Words in art. 19(1) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 9(4)(a)
- F2
Words in art. 19(1) substituted (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(3); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1
- F3
Words in art. 19(1)(b) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 9(4)(a)
- F4
Art. 19(5) added (1.7.2008 for certain purposes, otherwise 27.10.2008) by Welfare Reform Act (Northern Ireland) 2007 (c. 2), ss. 28(1), 60(1), Sch. 3 para. 9(4); S.R. 2008/276, art. 2(2)(c), Sch. Pt. 1
- F5
Art. 19(6) inserted (coming into operation in accordance with reg. 1(1) of the amending Rule) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations (Northern Ireland) 2016 (S.R. 2016/236), regs. 1(1), 9(4)(b)
Notes on the whole Order
Textual amendments
- F1
functions transfered by SR 1999/481