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Article 23 Recovery of sums by deduction from allowances or benefits under the Social Security Act

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where any sums by way of an allowance are required to be repaid to the F1Secretary of State under this scheme, such sums may, without prejudice to any other method of recovery, be deducted from any allowance or from any benefit under the Social Security Act or from any allowance payable by virtue of a scheme made under section 5 of the Act then or thereafter payable to the person by whom they are to be repaid, or to any person entitled to receive such allowance or benefit on his death, and such deduction may be made at such rate as the Secretary of State may determine.

(2)

Where, in the case of any person, any sum may be recovered by deduction—

(a)

by virtue of any provision of the Social Security Act from any payment under that Act; or

(b)

by virtue of any provision of a scheme made under section 5 of the Act from any payment under such scheme;

it may instead be recovered in whole or in part by deduction from any allowance then or thereafter payable to him, or to any person entitled to receive such allowance on his death.

Annotations

Textual amendments

F1

Words in art. 23(1) substituted (9.1.1991) by The Workmens Compensation (Supplementation) (Amendment) and the Pneumoconiosis, Byssinosis and Miscellaneous Diseases Benefit (Amendment) Scheme 1990 (S.I. 1990/2538), arts. 1, 2(2)(d)