Regulation 4 Recovery of overpaid interim payments

(1)

Where the adjudicating authority has determined that an interim payment has been overpaid in circumstances which fall within paragraph (3) and F1where notice is required to be given under regulation 2(2), such notice has been given, that authority shall determine the amount of the overpayment.

(2)

The amount of the overpayment shall be recoverable by the Secretary of State by the same procedures and subject to the same conditions as if it were recoverable under section 53(1) of the Act.

(3)

The circumstances in which an interim payment may be determined to have been overpaid are as follows—

(a)

an interim payment has been made under regulation 2(1)(a) or (b) but—

(i)

the recipient has failed to make a claim in accordance with the Claims and Payments Regulations as soon as practicable or has made a claim which is either defective or is not made on the form approved for the time being by the Secretary of State and the Secretary of State has not treated the claim as duly made under regulation 4(7) of the Claims and Payments Regulations, or

(ii)

it has been determined that there is no entitlement on the claim, or that the entitlement is less than the amount of the interim payment, or that benefit on the claim is not payable, or

(iii)

the claim has been withdrawn under regulation 5(2) of the Claims and Payments Regulations; or

(b)

an interim payment has been made under regulation 2(1)(c) which exceeds the entitlement under the award of benefit on account of which the interim payment was madeF2; or

(c)

F3an interim payment of income support F4or income-related employment and support allowance has been made under regulation 2(1)(b) in the circumstances mentioned in regulation 2(4).

(4)

For the purposes of this regulation a claim is defective if it is made on the form approved for the time being by the Secretary of State but is not completed in accordance with the instructions on the form.

F5(5)

Where the interim payment is a payment on account of tax credit paragraphs (2) to (4) shall apply with the modification that for references to “the Secretary of State” there shall be substituted references to “the Board”.

Annotations

Textual amendments

F1: Words in reg. 4(1) substituted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(3)(a)
F2: Word in reg. 4(3)(b) inserted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(3)(b)
F3: Reg. 4(3)(c) inserted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(3)(c)
F4: Words in reg. 4(3)(c) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 52(4)
F5: Reg. 4(5) added (5.10.1999 with effect in accordance with reg. 1(2)) by The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 6

Notes on Part II

Modifications

C1: Modification of Part II, revoked with savings (1.4.13) by S.I. 2013/383, reg. 1(2)(a), 19(1)(2)