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Employment Tribunals Act 1996

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17 Recoupment: further provisions.E+W+S

(1)Where in pursuance of any regulations under section 16 a sum has been recovered by or paid to the Secretary of State by way of total or partial recoupment of [F1universal credit,] jobseeker’s allowance [F2 , income support or income-related employment and support allowance ]

(a)no sum shall be recoverable under Part III or V of the M1Social Security Administration Act 1992, and

(b)no abatement, payment or reduction shall be made by reference to the [F3universal credit,] jobseeker’s allowance [F2 , income support or income-related employment and support allowance ] recouped.

(2)Any amount found to have been duly recovered by or paid to the Secretary of State in pursuance of regulations under section 16 by way of total or partial recoupment of jobseeker’s allowance shall be paid into the National Insurance Fund.

(3)In section 16—

  • monetary award” means the amount which is awarded, or ordered to be paid, to the employee by the tribunal or would be so awarded or ordered apart from any provision of regulations under that section, and

  • the prescribed element”, in relation to any monetary award, means so much of that award as is attributable to such matters as may be prescribed by regulations under that section.

(4)In section 16 “income-based jobseeker’s allowance” has the same meaning as in the M2Jobseekers Act 1995.

[F4(5)In this section and section 16 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act 2007 (employment and support allowance).]

Textual Amendments

F2Words in s. 17(1) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(3); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F4S. 17(5) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 15(4); S.I. 2008/787, art. 2(1)(4)(f), Sch.

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