# The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988, Regulation 13: Sums to be deducted in calculating recoverable amounts


(1) Subject to paragraphs (1C) and (2), in calculating an amount recoverable under section 71(1) of the Administration Act or under regulation 11 (“the overpayment”), the adjudicating authority must deduct—
(a) any amount which has been offset under Part 3;
(b) any additional amount of a benefit specified in paragraph (1A) which was not payable under the original, or any other, determination but which should have been determined to be payable in respect of all or part of the overpayment period to the claimant or their partner—
(i) on the basis of the claim as presented to the adjudicating authority; or
(ii) on the basis that any misrepresentation or failure to disclose a material fact had been remedied prior to the award being made.
(1A) The specified benefits are—
(a) universal credit;
(b) income support;
(c) state pension credit;
(d) income-based jobseeker’s allowance; and
(e) income-related employment and support allowance.
(1B) In paragraph (1), “overpayment period” means the period over which the overpayment accrued.
(1C) No other deduction is to be made in respect of any other entitlement to benefit which may be, or might have been, determined to exist.
(2) Paragraph (1) shall apply to tax credit only where both—
(a) the overpayment of benefit referred to in that paragraph, and
(b) the amount referred to in sub-paragraph (a) of that paragraph,
are tax credit, and with the modification that sub-paragraph (b) of that paragraph is omitted.

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Source: https://www.legislation.gov.uk/uksi/1988/664/regulation/13 (the official version)
Page: https://openlegislation.uk/social-security-payments-on-account-overpayments-and-recovery-regulations-1988/regulation-13
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.