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The Social Security (Penalty Notice) Regulations (Northern Ireland) 1997

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Notice

2.—(1) Where the Department(1) or the Housing Executive gives to a person a written notice under section 109A(2) of the Social Security Administration (Northern Ireland) Act 1992, the notice shall contain the information that—

(a)the penalty only applies to an overpayment which is recoverable under section 69(2), 69A(3) or 73(4) of the Social Security Administration (Northern Ireland) Act 1992;

(b)the penalty only applies where it appears to the Department or the Housing Executive that the making of the overpayment was attributable to an act or omission by the person and that there are grounds for instituting proceedings for an offence relating to the overpayment;

(c)the penalty is 30 per cent. of the amount of the overpayment, is payable in addition to repayment of the overpayment and is recoverable by the same methods as those by which the overpayment is recoverable;

(d)a person who agrees to pay a penalty may withdraw the agreement within 28 days (including the date of the agreement) by notifying the Department or the Housing Executive in the manner specified by the Department or the Housing Executive; if the person withdraws the agreement, so much of the penalty as has already been recovered shall be repaid and the person will no longer be immune from proceedings for an offence;

(e)if it is decided on review or appeal (or in accordance with regulations) that the overpayment is not recoverable or due, so much of the penalty as has already been recovered shall be repaid;

(f)if the amount of the overpayment is revised on review or appeal, except as covered by a new agreement to pay the revised penalty, so much of the penalty as has already been recovered shall be repaid and the person will no longer be immune from proceedings for an offence;

(g)the payment of a penalty does not give the person immunity from prosecution in relation to any other overpayment or any offence not relating to an overpayment.

(2) The notice shall set out—

(a)the manner specified by the Department or the Housing Executive by which the person may agree to pay a penalty;

(b)the manner specified by the Department or the Housing Executive by which the person may notify the withdrawal of his agreement to pay a penalty.

(1)

“Department” includes Department of the Environment for Northern Ireland see paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) (Northern Ireland) Order 1997

(2)

Section 69 was amended by section 2 of the Social Security (Overpayments) Act 1996 (c. 51), Article 33 of, and paragraph 31 of Schedule 2 to, and Schedule 3 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15))

(3)

Section 69A was inserted by Article 20 of the Jobseekers (Northern Ireland) Order 1995

(4)

Section 73(1) was amended by Schedules 1 and 2 to the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and Section 73(5) to (7) was added by Article 15 of that Order

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