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The Social Security (Recovery) (Amendment) Regulations (Northern Ireland) 2012

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Citation and commencement

1.  These Regulations may be cited as the Social Security (Recovery) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 1st April 2012.

Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations

2.—(1) The Social Security (Payments on Account, Overpayments and Recovery) Regulations (Northern Ireland) 1988(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 13(b)(2) (sums to be deducted in calculating recoverable amounts)—

(a)after “which was not payable” insert “to the person from whom the amount is recoverable or their partner”;

(b)after “to be payable” insert “to that person or their partner”;

(c)omit “or” after sub-paragraph (i); and

(d)after sub-paragraph (ii) insert—

or

(iii)on the basis of the determination if any change of circumstances had been notified at the time that change occurred,.

(3) In regulation 16(5)(3) (limitations on deductions from prescribed benefits)—

(a)for “4 times” substitute “5 times”; and

(b)for the words from “where it is not a multiple of 10 pence” to the end substitute “where it is not a multiple of 5 pence, rounded to the next higher such multiple.”.

Amendment of the Housing Benefit Regulations

3.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(4) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 99(4)(5) (method of recovery)—

(a)for “4 times” substitute “5 times”; and

(b)for the words from “but where that 5 per cent.” to the end substitute “that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.”.

(3) In regulation 101(1) (sums to be deducted in calculating recoverable overpayments) after “determined to be payable” insert “to the person from whom the overpayment is recoverable or their partner”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

4.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(6) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 80(4)(7) (method of recovery)—

(a)for “4 times” substitute “5 times”; and

(b)for the words from “but where that 5 per cent.” to the end substitute “that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.”.

(3) In regulation 82(1) (sums to be deducted in calculating recoverable overpayments) after “determined to be payable” insert “to the person from whom the overpayment is recoverable or their partner”.

Sealed with the Official Seal of the Department for Social Development on 9th March 2012

(L.S.)

Anne McCleary

A senior officer of the Department for Social Development

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