C1 Part III Overpayments and Adjustments of Benefit
F1 Jobseeker’s Allowance
S. 69A and the preceding cross-heading inserted (7.10.1996) by S.I. 1995/2705 (N.I. 15), art. 20; S.R. 1996/401, art. 2
69AF2 Recovery of jobseeker’s allowance: severe hardship cases.
1
Where—
a
a severe hardship direction is revoked; and
b
it is determined by F3the Department that—
i
whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and
2
In this section—
“severe hardship direction” means a direction given under Article 18 of the Jobseekers (Northern Ireland) Order 1995; and
“the relevant period” means—
- a
if the revocation is under Article 18(3)(a) of that Order, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and
- b
if the revocation is under Article 18(3)(b) or (c) of that Order, the period during which the direction was in force.
- a
3
Where a severe hardship direction is revoked, the Department may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.
4
If the Department certifies that there has been such misrepresentation or failure to disclose, it may certify—
a
who made the misrepresentation or failed to make the disclosure; and
b
whether or not a payment of jobseeker’s allowance has been made in consequence of the misrepresentation or failure.
5
If the Department certifies that a payment has been made, it may certify the period during which a jobseeker’s allowance would not have been paid but for the misrepresentation or failure to disclose.
6
A certificate under this section shall be conclusive as to any matter certified.
7
Subsections (3) and (6) to (10) of section 69 above apply to a jobseeker’s allowance recoverable under subsection (1) above as they apply to a jobseeker’s allowance recoverable under section 69(1) above.
8
The other provisions of section 69 above do not apply to a jobseeker’s allowance recoverable under subsection (1) above.
Pt. III (ss. 69-76) restricted (1.12.1999) by S.I. 1999/3147 (N.I. 11), arts. 1(4), 65