Section 74 Income support and other payments

a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

it is determined that an amount which has been paid by way of income support F1, an income-based jobseeker’s allowance F2, state pension credit or an income-related employment and support allowance would not have been paid if the payment had been made on the prescribed date,

a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any F3member State is not made on or before the date which is the prescribed date in relation to the payment; and

it is determined that an amount (“the relevant amount”) has been paid by way of F4universal credit or income support F5, an income-based jobseeker’s allowance F6, state pension credit or an income-related employment and support allowance that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,

a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and

either—

the amount of the income support , an income-based jobseeker's allowance or an income-related employment and support allowance has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,

in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and

in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.