Regulation 16 Limitations on deductions from prescribed benefits

Deductions may not be made from entitlement to the benefits prescribed by paragraph (2) except as a means of recovering an overpayment of the benefit from which the deduction is to be made.

The benefits F1prescribed for the purposes of paragraph (1) are guardian's allowance, F2..., and child benefit.

Paragraphs (3) to (7) do not apply where paragraph (7A) applies.

Regulation 15 shall apply without limitation to any payment of arrears of benefit other than any arrears caused by the operation of F4regulation 20 of the Social Security and Child Support (Decisions and Appeals) Regulations 1999 (making of payments which have been suspended).

Regulation 15 shall apply to the amount of F5benefit to which a person is presently entitled only to the extent that there mayF6... be recovered in respect of any one benefit week—

Paragraph (4) shall apply to the following benefits—

Where a person responsible for the misrepresentation of or failure to disclose a material fact has, by reason thereof—

the amount mentioned in paragraph (4)(a) F12shall, subject to paragraph (5ZA), be 8 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, F13where it is not a multiple of 5 pence, rounded to the next higher such multiple.

In a case to which paragraph (5) applies, where deductions fall to be made under Schedule 9 to the Claims and Payments Regulations (payments to third parties), the total of the amount deductible under paragraph (5) and the amount deductible under that Schedule shall not exceed 8 times 5 per cent. of the personal allowance mentioned in paragraph (5).

Paragraph (4)(b) is subject to paragraphs 8 and 9 of Schedule 9 to the Claims and Payments Regulations.

Regulation 15 shall apply to an amount of a contribution-based jobseeker’s allowance, other than a contribution-based jobseeker’s allowance to which paragraph (4) applies in accordance with paragraph (4A)(c), to which a person is presently entitled only to the extent that there may, subject to paragraphs 8 and 9 of Schedule 9 to the Claims and Payments Regulations be recovered in respect of any one benefit week a sum equal to one third of the age-related amount applicable to the claimant under section 4(1)(a) of the Jobseekers Act 1995.

For the purposes at paragraph (5A) where the sum that would otherwise fall to be deducted includes a fraction of a penny, the sum to be deducted shall be rounded down to the nearest whole penny.

F16Where—

• 1. (a)

     in the calculation of the income of a person to whom income support is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraphs 4 to 9 of Schedule 8 to the Income Support Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 15 and 16 of Schedule 9 to those Regulations (sums to be disregarded in the calculation of income other than earnings); or

  2. (b)

     in the calculation of the income of a person to whom income-based jobseeker’s allowance is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraphs 5 to 12 of Schedule 6 to the Jobseeker’s Allowance Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 15 and 17 of Schedule 7 to those Regulations (sums to be disregarded in the calculation of income other than earnings), F17or

  3. (c)

     in the calculation of the income of a person to whom state pension credit is payable, the amount of earnings or other income falling to be taken into account is reduced in accordance with paragraph 1 of Schedule 4 (sums to be disregarded in the calculation of income other than capital), or Schedule 6 (sums disregarded from claimant’s earnings) to the State Pension Credit Regulations, F18or

  4. (d)

     in the calculation of the income of a person to whom income-related employment and support allowance is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraph 7 of Schedule 7 to the Employment and Support Allowance Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 16 and 17 of Schedule 8 to those Regulations (sums to be disregarded in the calculation of income other than earnings),

  the weekly amount applicable under paragraph (4) may be increased by not more than half the amount of the reductionF19....

Regulation 15 shall not be applied to a specified benefit so as to reduce the benefit in any one benefit week to less than 10 pence.

This paragraph applies where the benefit from which the deduction is to be made under regulation 15 is universal credit.

Where paragraph (7A) applies, regulation 11 of the Social Security (Overpayments and Recovery) Regulations 2013 applies in relation to those deductions as it applies to deductions from universal credit for the recovery of recoverable amounts under those Regulations.

In this regulation—

• F21“admission after caution” means—

  1. (i)

     in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984;

  2. (ii)

     in Scotland, an admission after a caution has been administered, such admission being duly witnessed by two persons;

• “benefit week” means the week corresponding to the week in respect of which the benefit is paid;

• F22 “ personal allowance for a single claimant aged not less than 25 ” means—

  1. (a)

     in the case of a person who is entitled to F23an employment and support allowance, income support or state pension credit, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 2 to the Income Support Regulations; or

  2. (b)

     in the case of a person who is entitled to income-based jobseeker’s allowance, the amount for the time being specified in paragraph 1(1)(e) of column (2) of Schedule 1 to the Jobseeker’s Allowance Regulations;

• F24“specified benefit” means—

  1. (a)

     a jobseeker’s allowance;

  2. (b)

     income support when paid alone or together with any incapacity benefit, retirement pension or severe disablement allowance in a combined payment in respect of any period;

  3. (c)

     if incapacity benefit, retirement pension or severe disablement allowance is paid concurrently with income support in respect of any period but not in a combined payment, income support and such of those benefits as are paid concurrently;

  4. (d)

     state pension credit when paid alone or together with any retirement pension, incapacity benefit or severe disablement allowance in a combined payment in respect of any period; F25 ...

  5. (e)

     if retirement pension, incapacity benefit or severe disablement allowance is paid concurrently with state pension credit in respect of any period but not in a combined payment, state pension credit and such of those benefits as are paid concurrently, F26and

  6. (f)

     an employment and support allowance,

  but does not include any sum payable by way of child maintenance bonus in accordance with section 10 of the Child Support Act 1995 and the Social Security (Child Maintenance Bonus) Regulations 1996.

• F27...