{
  "url": "https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1987/regulation-16",
  "json_url": "https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1987/regulation-16.json",
  "legislation": "uksi/1987/491",
  "legislation_title": "Social Security (Payments on account, Overpayments and Recovery) Regulations 1987",
  "legislation_url": "https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1987",
  "path": "regulation/16",
  "kind": "regulation",
  "number": "16",
  "heading": "Recovery by deduction from benefits",
  "text": "(1) Where any amount is recoverable under sections 27 or 53(1) of the Act, or under these regulations, it shall be recoverable by the Secretary of State from any of the benefits prescribed by the next paragraph, to which the person from whom it is determined to be recoverable is entitled.\n(2) The following benefits are prescribed for the purposes of this regulation:—\n(a) subject to paragraphs (3) and (4), any benefit under the Social Security Act 1975;\n(b) subject to paragraphs (3) and (4), any child benefit;\n(c) any family income supplement;\n(d) any benefit payable under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, whether or not the benefit has been acquired by virtue of the provisions of that Regulation;\n(e) subject to regulation 17, any supplementary pension or allowance;\n(f) any benefit payable under the social security legislation applicable in Northern Ireland which is equivalent to benefit prescribed by paragraphs (a), (b), (c) or (e) subject to exceptions equivalent to those made by paragraphs (3) and (4).\n(3) Deductions may not be made from entitlement to the benefits specified in paragraph (4) except as a means of recovering an overpayment of the benefit from which the deduction is to be made.\n(4) The benefits specified for the purposes of paragraph (3) are guardian’s allowance, attendance allowance in respect of a child, arising under section 35(1) to (4) of the Social Security Act 1975, as modified by regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975, and child benefit.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "S.I. 1975/598, amended by S.I. 1977/1361."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1987/491/regulation/16",
    "retrieved_at": "2026-10-29T16:29:18.490674+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."
}