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101 | Supersession of decisions of former appellate bodies |
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(1) | Schedule 12 contains amendments reinstating powers to make decisions |
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superseding decisions made by appellate bodies before their functions were |
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transferred to the First-tier Tribunal and Upper Tribunal. |
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(2) | The following have effect as if they had come into force on 3 November 2008— |
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(a) | the amendments made by Schedule 12, and |
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(b) | if regulations made in the exercise of the powers conferred by virtue of |
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those amendments so provide, those regulations. |
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Electronic communications |
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102 | Electronic communications |
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(1) | In section 189 of the Social Security Administration Act 1992 (regulations and |
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orders - general), after subsection (5) there is inserted— |
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“(5A) | The provision referred to in subsection (5) includes, in a case where |
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regulations under this Act require or authorise the use of electronic |
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communications, provision referred to in section 8(4) and (5) and 9(5) |
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of the Electronic Communications Act 2000. |
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(5B) | For the purposes of subsection (5A), references in section 8(4) and (5) |
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and 9(5) of the Electronic Communications Act 2000 to an order under |
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section 8 of that Act are to be read as references to regulations under |
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this Act; and references to anything authorised by such an order are to |
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be read as references to anything required or authorised by such |
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(2) | In section 79 of the Social Security Act 1998 (regulations and orders), after |
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subsection (6) there is inserted— |
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“(6A) | The provision referred to in subsection (6) includes, in a case where |
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regulations under this Act require or authorise the use of electronic |
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communications, provision referred to in section 8(4) and (5) and 9(5) |
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of the Electronic Communications Act 2000. |
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(6B) | For the purposes of subsection (6A), references in section 8(4) and (5) |
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and 9(5) of the Electronic Communications Act 2000 to an order under |
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section 8 of that Act are to be read as references to regulations under |
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this Act; and references to anything authorised by such an order are to |
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be read as references to anything required or authorised by such |
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103 | Recovery of benefit payments |
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(1) | In the Social Security Administration Act 1992, after section 71ZA there is |
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“Recovery of benefit payments |
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71ZB | Recovery of overpayments of certain benefits |
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(1) | The Secretary of State may recover any amount of the following paid in |
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(b) | jobseeker’s allowance, |
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(c) | employment and support allowance, and |
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(d) | except in prescribed circumstances, housing credit (within the |
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meaning of the State Pension Credit Act 2002). |
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(2) | An amount recoverable under this section is recoverable from— |
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(a) | the person to whom it was paid, or |
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(b) | such other person (in addition to or instead of the person to |
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whom it was paid) as may be prescribed. |
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(3) | An amount paid in pursuance of a determination is not recoverable |
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under this section unless the determination has been— |
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(a) | reversed or varied on an appeal, or |
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(b) | revised or superseded under section 9 or section 10 of the Social |
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| except where regulations otherwise provide. |
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(4) | Regulations may provide that amounts recoverable under this section |
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are to be calculated or estimated in a prescribed manner. |
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(5) | Where an amount of universal credit is paid for the sole reason that a |
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payment by way of prescribed income is made after the date which is |
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the prescribed date for payment of that income, that amount is for the |
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purposes of this section paid in excess of entitlement. |
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(6) | In the case of a benefit referred to in subsection (1) which is awarded to |
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persons jointly, an amount paid to one of those persons may for the |
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purposes of this section be regarded as paid to the other. |
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(7) | An amount recoverable under this section may (without prejudice to |
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any other means of recovery) be recovered— |
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(a) | by deduction from benefit (section 71ZC); |
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(b) | by deduction from earnings (section 71ZD); |
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(c) | through the courts etc (section 71ZE); |
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(d) | by adjustment of benefit (section 71ZF). |
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71ZC | Deduction from benefit |
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(1) | An amount recoverable from a person under section 71ZB may be |
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recovered by deducting the amount from payments of prescribed |
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(2) | Where an amount recoverable from a person under section 71ZB was |
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paid to the person on behalf of another, subsection (1) authorises its |
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recovery from the person by deduction— |
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(a) | from prescribed benefits to which the person is entitled, |
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(b) | from prescribed benefits paid to the person to discharge (in |
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whole or in part) an obligation owed to that person by the |
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person on whose behalf the recoverable amount was paid, or |
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(c) | from prescribed benefits paid to the person to discharge (in |
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whole or in part) an obligation owed to that person by any other |
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(3) | Where an amount is recovered as mentioned in paragraph (b) of |
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subsection (2), the obligation specified in that paragraph shall in |
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prescribed circumstances be taken to be discharged by the amount of |
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(4) | Where an amount is recovered as mentioned in paragraph (c) of |
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subsection (2), the obligation specified in that paragraph shall in all |
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cases be taken to be so discharged. |
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71ZD | Deduction from earnings |
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(1) | Regulations may provide for amounts recoverable under section 71ZB |
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to be recovered by deductions from earnings. |
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(2) | In this section “earnings” has such meaning as may be prescribed. |
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(3) | Regulations under subsection (1) may include provision— |
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(a) | requiring the person from whom an amount is recoverable (“the |
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beneficiary”) to disclose details of their employer, and any |
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change of employer, to the Secretary of State; |
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(b) | requiring the employer, on being served with a notice by the |
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Secretary of State, to make deductions from the earnings of the |
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beneficiary and to pay corresponding amounts to the Secretary |
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(c) | as to the matters to be contained in such a notice and the period |
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for which a notice is to have effect; |
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(d) | as to how payment is to be made to the Secretary of State; |
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(e) | as to a level of earnings below which earnings must not be |
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(f) | allowing the employer, where the employer makes deductions, |
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to deduct a prescribed sum from the beneficiary’s earnings in |
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respect of the employer’s administrative costs; |
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(g) | requiring the employer to keep records of deductions; |
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(h) | requiring the employer to notify the Secretary of State if the |
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beneficiary is not, or ceases to be, employed by the employer; |
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(i) | creating a criminal offence for non-compliance with the |
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regulations, punishable on summary conviction by a fine not |
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exceeding level 3 on the standard scale; |
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(j) | with respect to the priority as between a requirement to deduct |
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from earnings under this section and— |
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(i) | any other such requirement; |
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(ii) | an order under any other enactment relating to England |
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and Wales which requires deduction from the |
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(iii) | any diligence against earnings. |
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(1) | Where an amount is recoverable under section 71ZB from a person |
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residing in England and Wales, the amount is, if a county court so |
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(a) | under section 85 of the County Courts Act 1984, or |
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(b) | otherwise as if it were payable under an order of the court. |
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(2) | Where an amount is recoverable under section 71ZB from a person |
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residing in Scotland, the amount recoverable may be enforced as if it |
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were payable under an extract registered decree arbitral bearing a |
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warrant for execution issued by the sheriff court of any sheriffdom in |
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(3) | Any costs of the Secretary of State in recovering an amount of benefit |
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under this section may be recovered by him as if they were amounts |
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recoverable under section 71ZB. |
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(4) | In any period after the coming into force of this section and before the |
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coming into force of section 62 of the Tribunals, Courts and |
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Enforcement Act 2007, subsection (1)(a) has effect as if it read “by |
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execution issued from the county court”. |
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71ZF | Adjustment of benefit |
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Regulations may for the purpose of the recovery of amounts |
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recoverable under section 71ZB make provision— |
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(a) | for treating any amount paid to a person under an award which |
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it is subsequently determined was not payable— |
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(ii) | as paid on account of a payment which it is determined |
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should be or should have been made, |
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| and for reducing or withholding arrears payable by virtue of the |
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subsequent determination; |
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(b) | for treating any amount paid to one person in respect of another |
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as properly paid for any period for which it is not payable in |
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cases where in consequence of a subsequent determination— |
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(i) | the other person is entitled to a payment for that period, |
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(ii) | a third person is entitled in priority to the payee to a |
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payment for that period in respect of the other person, |
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| and by reducing or withholding any arrears payable for that |
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period by virtue of the subsequent determination. |
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71ZG | Recovery of payments on account |
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(1) | The Secretary of State may recover any amount paid under section |
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5(1)(r) (payments on account). |
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(2) | An amount recoverable under this section is recoverable from— |
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(a) | the person to whom it was paid, or |
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(b) | such other person (in addition to or instead of the person to |
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whom it was paid) as may be prescribed. |
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(3) | Regulations may provide that amounts recoverable under this section |
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are to be calculated or estimated in a prescribed manner. |
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(4) | In the case of a payment on account of a benefit which is awarded to |
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persons jointly, an amount paid to one of those persons may for the |
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purposes of this section be regarded as paid to the other. |
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(5) | Sections 71ZC, 71ZD and 71ZE apply in relation to amounts |
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recoverable under this section as to amounts recoverable under section |
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71ZH | Recovery of hardship payments etc |
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(1) | The Secretary of State may recover any amount paid by way of— |
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(a) | a payment under section 28 of the Welfare Reform Act 2011 |
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(universal credit hardship payments) which is recoverable |
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(b) | a payment under section 19C of the Jobseekers Act 1995 |
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(jobseeker’s allowance hardship payments) which is |
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recoverable under that section, |
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(c) | a payment of a jobseeker’s allowance under paragraph 8 or 8A |
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of Schedule 1 to that Act (exemptions), where the allowance is |
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payable at a prescribed rate under paragraph 9 of that Schedule |
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and is recoverable under that paragraph, |
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(d) | a payment of a jobseeker’s allowance under paragraph 10 of |
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that Schedule (claims yet to be determined etc) which is |
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recoverable under that paragraph, or |
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(e) | a payment which is recoverable under section 6B(5A)(d) or |
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(7)(d), 7(2A)(d) or (4)(d), 8(3)(aa), (4)(d) or 9(2A)(d) or (4)(d) of |
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the Social Security Fraud Act 2001. |
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(2) | An amount recoverable under this section is recoverable from— |
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(a) | the person to whom it was paid, or |
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(b) | such other person (in addition to or instead of the person to |
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whom it was paid) as may be prescribed. |
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(3) | Regulations may provide that amounts recoverable under this section |
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are to be calculated or estimated in a prescribed manner. |
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(4) | Where universal credit or a jobseeker’s allowance is claimed by persons |
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jointly, an amount paid to one claimant may for the purposes of this |
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section be regarded as paid to the other. |
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(5) | Sections 71ZC to 71ZF apply in relation to amounts recoverable under |
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this section as to amounts recoverable under section 71ZB.” |
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(2) | In section 71 of that Act (overpayments - general), in subsection (11)(ab), at the |
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end there is inserted “excluding housing credit (see section 71ZB)”. |
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(3) | In section 115A of that Act (penalty as alternative to prosecution), in subsection |
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(1), after “71” there is inserted “71ZB”. |
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(4) | In section 115B of that Act (penalty as alternative to prosecution: colluding |
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(a) | for subsection (4) there is substituted— |
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“(4) | If the recipient of a notice under subsection (3) above agrees, in |
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the specified manner, to pay the penalty— |
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(a) | the amount of the penalty shall be recoverable from the |
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recipient by the Secretary of State or authority; and |
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(b) | no criminal proceedings shall be instituted against the |
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recipient in respect of the conduct to which the notice |
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(4A) | Sections 71ZC, 71ZD and 71ZE above apply in relation to |
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amounts recoverable under subsection (4)(a) above as to |
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amounts recoverable by the Secretary of State under section |
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71ZB above (and, where the notice is given by an authority |
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administering housing benefit or council tax benefit, those |
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sections so apply as if references to the Secretary of State were |
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(b) | in subsection (9), the definition of “relevant benefit” is repealed. |
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(5) | In Schedule 1 to the Jobseekers Act 1995 (supplementary provision)— |
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(a) | in paragraph 9, at the end there is inserted— |
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“(c) | as to whether the whole or part of any amount of a |
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jobseeker’s allowance which is payable as specified in |
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paragraph (a) is recoverable.”; |
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(b) | in paragraph 10, for sub-paragraph (5)(a) there is substituted— |
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“(a) | as to whether the whole or part of any amount paid |
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by virtue of sub-paragraph (1) or (2) is recoverable;”. |
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(6) | In section 12 of the Social Security Act 1998 (appeal to First-tier Tribunal), in |
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subsection (4), after “71” there is inserted “, 71ZB, 71ZG, 71ZH,”. |
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(7) | In Schedule 3 to that Act (decisions against which an appeal lies), after |
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paragraph 6 there is inserted— |
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“6A | A decision as to whether payment of housing credit (within the |
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meaning of the State Pension Credit Act 2002) is recoverable under |
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section 71ZB of the Administration Act. |
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6B | A decision as to the amount of payment recoverable under section |
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71ZB, 71ZG or 71ZH of the Administration Act.” |
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104 | Deduction from earnings: other cases |
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(1) | In section 71 of the Social Security Administration Act 1992 (overpayments - |
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general), after subsection (9) there is inserted— |
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“(9A) | Regulations may provide for amounts recoverable under the |
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provisions mentioned in subsection (8) above to be recovered by |
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deductions from earnings. |
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(9B) | In subsection (9A) above “earnings” has such meaning as may be |
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(9C) | Regulations under subsection (9A) above may include provision— |
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(a) | requiring the person from whom an amount is recoverable (“the |
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beneficiary”) to disclose details of their employer, and any |
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change of employer, to the Secretary of State; |
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(b) | requiring the employer, on being served with a notice by the |
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Secretary of State, to make deductions from the earnings of the |
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beneficiary and to pay corresponding amounts to the Secretary |
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(c) | as to the matters to be contained in such a notice and the period |
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for which a notice is to have effect; |
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(d) | as to how payment is to be made to the Secretary of State; |
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(e) | as to a level of earnings below which earnings must not be |
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(f) | allowing the employer, where the employer makes deductions, |
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to deduct a prescribed sum from the beneficiary’s earnings in |
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respect of the employer’s administrative costs; |
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(g) | requiring the employer to keep records of deductions; |
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(h) | requiring the employer to notify the Secretary of State if the |
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beneficiary is not, or ceases to be, employed by the employer; |
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(i) | creating a criminal offence for non-compliance with the |
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regulations, punishable on summary conviction by a fine not |
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exceeding level 3 on the standard scale; |
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(j) | with respect to the priority as between a requirement to deduct |
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from earnings under this section and— |
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(i) | any other such requirement; |
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(ii) | an order under any other enactment relating to England |
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and Wales which requires deduction from the |
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(iii) | any diligence against earnings.” |
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(2) | In section 71ZA of that Act (overpayments out of social fund), before |
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subsection (3) there is inserted— |
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“(2A) | Subsection (9A) of section 71 above as it so applies shall have effect as |
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if the reference to amounts recoverable under the provisions mentioned |
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in subsection (8) of that section were to amounts recoverable under |
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subsections (1) and (4) of that section by virtue of subsection (1) above.” |
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(3) | In section 75 of that Act (overpayments of housing benefit), at the end there is |
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“(8) | Regulations may provide for amounts recoverable under this section to |
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be recovered by deductions from earnings. |
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(9) | In subsection (8) above “earnings” has such meaning as may be |
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(10) | Regulations under subsection (8) above may include provision— |
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(a) | requiring the person from whom an amount is recoverable (“the |
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beneficiary”) to disclose details of their employer, and any |
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change of employer, to the Secretary of State or the authority |
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(b) | requiring the employer, on being served with a notice by the |
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Secretary of State or the authority which paid the benefit, to |
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make deductions from the earnings of the beneficiary and to |
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pay corresponding amounts to the Secretary of State or that |
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(c) | as to the matters to be contained in such a notice and the period |
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for which a notice is to have effect; |
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(d) | as to how payment is to be made to the Secretary of State or the |
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authority which paid the benefit; |
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(e) | as to a level of earnings below which earnings must not be |
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