Regulation 8 Treatment of overpaymentsI1
Northern Ireland
This regulation applies where—
an award of universal credit is made to a claimant who was previously entitled to an existing benefit other than a tax credit F1, any housing benefit in the form of a rate rebate awarded in accordance with regulation 12 of the Housing Benefit Regulations or a joint-claim jobseeker’s allowance; and
a payment of the existing benefit is made which includes payment (“the overpayment”) in respect of a period—
during which the claimant is not entitled to that benefit (including non-entitlement which arises from termination of an award by virtue of an order made under Article 2(2) of the Order or regulation 5, 6 or 13), and
which falls within an assessment period for universal credit.
Where this regulation applies, for the purposes of calculating the amount of an award of universal credit in respect of an assessment period—
regulation 66 of the Universal Credit Regulations (what is included in unearned income?) applies as if the overpayment which was made in respect of that assessment period were added to the descriptions of unearned income in paragraph (1)(b) of that regulation; and
regulation 73 of the Universal Credit Regulations (unearned income calculated monthly) does not apply to the overpayment.
In so far as any overpayment is taken into account in calculating the amount of an award of universal credit in accordance with this regulation, that payment may not be recovered as an overpayment under—
the Social Security (Payments on Account, Overpayments and Recovery) Regulations (Northern Ireland) 1988f1;
regulations 96 to 104 of the Housing Benefit Regulations;
regulations 77 to 85 of the Housing Benefit (State Pension Credit) Regulations.
Annotations
Textual amendments
- F1
Words in reg. 8(1)(a) inserted (coming into operation in accordance with reg. 1(9) of the amending Rule) by The Social Security (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/116), regs. 1(9), 12(3)