Section 71ZH Recovery of hardship payments etcF1

(1)

The Secretary of State may recover any amount paid by way of—

(a)

a payment under section 28 of the Welfare Reform Act 2012 (universal credit hardship payments) which is recoverable under that section,

(b)

~~F2a payment under section 19C of the Jobseekers Act 1995 (jobseeker's allowance hardship payments) which is recoverable under that section,~~

(c)

a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Act (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,

(d)

a payment of a jobseeker's allowance under paragraph 10 of that Schedule (claims yet to be determined etc) which is recoverable under that paragraph, or

(e)

a payment which is recoverable under section 6B(5A)(d) or (7)(d), 7(2A)(d) or (4)(d), 8(3)(aa), (4)(d) or 9(2A)(d) or (4)(d) of the Social Security Fraud Act 2001.

(2)

An amount recoverable under this section is recoverable from—

(a)

the person to whom it was paid, or

(b)

such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3)

Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(4)

Where universal credit or a jobseeker's allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.

(5)

Sections 71ZC to 71ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.

Annotations

Textual amendments

F1: Ss. 71ZB-71ZH and cross-heading inserted (1.7.2012 for specified purposes, 1.10.2012 for specified purposes, 29.4.2013 in so far as not already in force, except for s 71ZB(1)(d) and the word “and” immediately preceding it, and, in respect of s. 71ZB(1)(b)(c) only in so far as those paragraphs relate respectively to a new style JSA award and a new style ESA award) by Welfare Reform Act 2012 (c. 5), ss. 105(1), 150(3); S.I. 2012/1246, art. 2(4)(a)(b)(5)(a); S.I. 2013/358, art. 5(2)(3)(a) (with art. 5(3A)(7)) (as amended by S.I. 2013/983, art. 23)
F2: S. 71ZH(1)(b) repealed (with effect in relation to specified cases in accordance with S.I. 2013/983, art. 7) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended by S.I. 2013/1511, art. 6)

Notes on Part III

Modifications

C1: Pt. III restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46
C2: Pt. III excluded (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 68, 89(4)(a)