Regulation 10 Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

(1)

The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988 M1 shall be amended in accordance with this regulation.

(2)

In regulation 1(2) (interpretation) after the definition of “the Act” insert—

““the Administration Act” means the Social Security Administration Act 1992 M2;”.

(3)

In regulation 2 (making of interim payments)—

(a)

in paragraph (1) M3—

(i)

after “may be entitled” insert “ (or, where sub-paragraph (a) applies, entitled apart from satisfying the condition of making a claim) ”, and

(ii)

in sub-paragraph (a), after “immediately” insert “ , including where it is impracticable to satisfy immediately the national insurance number requirements in section 1(1A) and (1B) of the Administration Act ”, and

(b)

for paragraph (1A) M4 substitute—

“(1A)
Paragraph (1) shall not apply pending the determination of an appeal.”.

(4)

In regulation 8(1) M5 (duplication and prescribed payments)—

(a)

for “27(2) of the Act” substitute “ 74(2) of the Administration Act ”, and

(b)

after sub-paragraph (i) add—

“(j)
any contribution-based jobseeker's allowance within the meaning of section 1(4) of the Jobseekers Act 1995 M6.”.

(5)

In regulation 12 M7 (circumstances in which determination need not be reversed, varied, revised or superseded) for “Section 53(4) of the Act” substitute “ Section 71(5) or (5A) M8 of the Administration Act ”.

(6)

In regulation 16(3) (limitations on deductions from prescribed benefits) for “regulation 37(1) of the Claims and Payments Regulations (suspension of payments)” substitute “ regulation 20 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 M9 (making of payments which have been suspended) ”.

Annotations

Marginal citations

M1: S.I. 1988/664.
M2: 1992 c. 5.
M3: Paragraph (1) was amended by S.I. 1996/30, 1999/1958, 2422, 2571, 2739, 2860 and 3178.
M4: Paragraph (1A) was inserted by S.I. 1996/30 and amended by S.I. 1999/2571.
M5: Regulation 8(1) was amended by S.I. 1991/387, 1999/2571 and 2000/1483.
M6: 1995 c. 18.
M7: Regulation 12 was amended by S.I. 1999/3178 and 2003/492.
M8: Subsection (5A) was inserted by the Social Security (Overpayments) Act 1996 (c. 51), section 1(4).
M9: S.I. 1999/991.