{
  "url": "https://openlegislation.uk/social-security-1998-order-commencement-no-11-and-consequential-and-transitional-provisions-order-northern-ireland-1999/article-12",
  "json_url": "https://openlegislation.uk/social-security-1998-order-commencement-no-11-and-consequential-and-transitional-provisions-order-northern-ireland-1999/article-12.json",
  "legislation": "nisr/1999/472",
  "legislation_title": "The Social Security (1998 Order) (Commencement No. 11 and Consequential and Transitional Provisions) Order (Northern Ireland) 1999",
  "legislation_url": "https://openlegislation.uk/social-security-1998-order-commencement-no-11-and-consequential-and-transitional-provisions-order-northern-ireland-1999",
  "path": "article/12",
  "kind": "article",
  "number": "12",
  "heading": "Amendment of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations",
  "text": "(1) The Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations (Northern Ireland) 1996 shall be amended in accordance with paragraphs (2) to (4).\n(2) In regulation 2(1) (interpretation) after the definition of “the 1996 Order” there shall be inserted the following definition—\n““the 1998 Order” means the Social Security (Northern Ireland) Order 1998;”.\n(3) In Part IV (determination and review of benefit recouped), in the heading “and Review” shall be omitted.\n(4) In regulation 10 (provisions relating to determination of amount paid by way of or as on account of benefit) for paragraphs (2) and (3) there shall be substituted the following paragraphs—\n“(2) Where an employee has given notice in writing to the Department under paragraph (1) that he does not accept that an amount specified in the recoupment notice is correct, the Department shall make a decision as to the amount of jobseeker’s allowance or, as the case may be, income support paid in respect of the period to which the prescribed element is attributable or, as appropriate, in respect of so much of the protected period as falls before the date on which the employer complies with regulation 6.\n(2A) The Department may revise, either on an application made for the purpose or on its own initiative, a decision under paragraph (2).\n(2B) The employee shall have a right of appeal to an appeal tribunal constituted under Chapter I of Part II of the 1998 Order against a decision of the Department whether as originally made under paragraph (2) or as revised under paragraph (2A).\n(2C) The Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999 shall apply for the purposes of paragraphs (2A) and (2B) as if a decision of the Department under paragraph (2A) were made under Article 10 of the 1998 Order and any appeal from such a decision were made under Article 13 of that Order.\n(3) Where the Department recovers too much money from an employer under these Regulations it shall pay to the employee an amount equal to the excess.”.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Art. 12 in operation at 29.11.1999 for specified purposes, see art. 3"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.R. 1996 No. 459"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/1999/472/article/12",
    "retrieved_at": "2026-10-29T02:17:23.147854+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}