- Draft legislation
This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Discretionary Support Regulations (Northern Ireland) 2016 No. 270
24.—(1) A discretionary support award that is repayable shall be recoverable by the Department.
(2) A discretionary support award that is not repayable may be recoverable by the Department.
(3) Where it is determined that, whether fraudulently, or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure, an award of discretionary support has been made, the Department shall be entitled to recover the amount of any payment which the Department would not have made or any sum which the Department would have received but for the misrepresentation or failure to disclose.
(4) Without prejudice to any other method of recovery, the Department may recover an award under paragraph (1), (2) or (3) from benefits.
(5) The Department may recover an award from the person to or for the benefit of whom it was made.
(6) Sections 69ZC to 69ZE of the Social Security Administration (Northern Ireland) Act 1992(1) apply to amounts recoverable under this regulation as they apply to amounts recoverable under section 69ZB of that Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Draft Explanatory Memorandum sets out a brief statement of the purpose of a Draft Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Draft Statutory Rule accessible to readers who are not legally qualified and accompany any Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: