# The Social Security (Overpayments and Recovery) Amendment Regulations 2015, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 (S.I. 1988/664) (“the 1988 Regulations”) and the Social Security (Overpayments and Recovery) Regulations 2013 (S.I. 2013/384) (“the 2013 Regulations”).
Regulation 2 amends the 1988 Regulations which relate to the recoverability of overpayments of benefit under section 71 of the Social Security Administration Act 1992 (c.5).
Paragraphs (2) and (4) ensure that where such overpayments have been incurred by fraud and recovery by deduction from benefit takes place at the same time as third party payments are being made from the benefit under Schedule 9 to the Social Security (Claims and Payments) Regulations 1987 (S.I. 1987/1968), the total sum deducted will not exceed 8 times 5 per cent of an individual’s personal allowance. “Personal allowance” is defined in regulation 16(8) of the 1988 Regulations.
Paragraph (3) increases the maximum deduction from benefit in respect of an overpayment which has resulted in a finding or acceptance of guilt for an offence, or in respect of which the individual has accepted an administrative penalty as an alternative to prosecution, from 5 times 5 per cent of the relevant personal allowance, to 8 times 5 per cent of that allowance.
Regulations 4 to 8 amend Part 6 of the 2013 Regulations (recovery by deduction from earnings).
Regulation 5(3) and (4) ensure that where a deduction from earnings notice has been issued in order to recover a recoverable amount and the liable person has been found guilty of an offence in relation to that amount, the amounts to be deducted by the employer are those set out in Table C (where earnings are paid weekly) or D (where earnings are paid monthly) of Schedule 2 to the 2013 Regulations (inserted by regulation 8(7)). “Liable person” and “recoverable amount” are defined in regulation 2 of the 2013 Regulations. Regulation 5(5) allows an employer to cease making deductions once they consider that, as a result of deductions under paragraph 20 of the 2013 Regulations, the balance of the recoverable amount is nil.
Regulation 6 amends the requirement on the employer, to notify a liable person of how an amount being deducted is calculated, so that this applies only if the employer receives a written request from the liable person for that information. The employer must then provide the information within 28 days of receiving the written request.
Regulation 7 clarifies how employers should make deductions where they have two or more deduction from earnings notices in respect of the same liable person.
Regulation 8(4) and (6) ensure that the correct deductions are made for those with earnings of £100 or less per week and £430 or less per month.
Regulation 4 makes a consequential amendment to the requirements for the content of notices to be issued where recovery of an overpayment is sought by deduction from earnings. Regulations 5(2), (6) and 8(2), (3) and (5) make other consequential amendments to reflect the insertion of the new paragraph (3B) to regulation 20 of the 2013 Regulations.
A full impact assessment has not been produced for this instrument as a negligible impact on business or civil society organisations is foreseen.

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Source: https://www.legislation.gov.uk/uksi/2015/499/note (the official version)
Page: https://openlegislation.uk/social-security-overpayments-and-recovery-amendment-regulations-2015/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.