The Welfare Supplementary Payment (Amendment) Regulations (Northern Ireland) 2017

Circumstances in which overpayment may be recovered

6.—(1) The Department may recover an amount of overpayment in each of the following four cases.

(2) The first case is where—

(a) a person, whether fraudulently or otherwise, misrepresents or fails to disclose a material fact in connection with the person’s welfare supplementary payment or the person’s claim for a relevant social security benefit, and

(b) in consequence of that misrepresentation or failure, the person receives an overpayment.

(3) The second case is where—

(a) a person fails to provide notification of a change of circumstances affecting entitlement to welfare supplementary payment, or does so only after an unreasonable delay, and

(b) in consequence of that failure or delay, the person receives an overpayment.

(4) The third case is where—

(a) a mistake, whether in the form of an act or omission, is made in a person’s case by the Department or by an officer or a person providing services to the Department, and

(b) in consequence of that mistake, the person receives an overpayment.

(5) The fourth case is where—

(a) welfare supplementary payment is awarded in respect of a decision to reduce or remove entitlement to a relevant social security benefit,

(b) there is—

(i) a revision of this decision under Article 10 of the 1998 Order(1),

(ii) a supersession of this decision under Article 11 of the 1998 Order(2), or

(iii) an appeal against this decision under Article 13 of the 1998 Order(3),

(c) on revision, supersession or appeal, the person is awarded that relevant social security benefit or the amount of the relevant social security benefit that the person is entitled to increases, and

(d) in consequence, it transpires that the amount of welfare supplementary payment received was in excess of entitlement.

(6) The first and second case apply whether or not there has been a right of appeal under Article 13(4) of the 1998 Order in respect of any relevant social security benefit, entitlement to which is linked to the welfare supplementary payment.

(1)

Article 10 was amended by Part 7 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015

(2)

Article 11 was amended by paragraph 17(a) of Schedule 6 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and by Part 7 of Schedule 12 to the Welfare Reform (Northern Ireland) Order 2015

(3)

Article 13 was amended by paragraphs 19 and 20 of Schedule 6 to, and Schedule 9 to, the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671), Articles 107 and 109 of the Welfare Reform (Northern Ireland) Order 2015 and Article 4(2) of the Tax Credits, Child Benefit and Guardian’s Allowance Reviews and Appeals Order 2014 (S.I. 2014/886) and applied by section 14(6) of the Justice Act (Northern Ireland) 2016 (c.21 (N.I.))