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Tax Credits Act 2002

Social Security Administration Act 1992

175.Paragraph 2 removes the power to deduct overpaid child benefit or guardian’s allowance from other benefits. At present, the power to recover benefits from child benefit or guardian's allowance is limited in effect, as it requires the consent of the claimant. As a result of the transfer to the Board, the link between child benefit and other social security benefits will be severed. In future, overpaid child benefit or guardian’s allowance will only be recoverable directly from the claimant or from future payments.

176.Paragraph 3 relates to the responsibility for setting rates of child benefit and guardian’s allowance. For those benefits which remain the responsibility of the Secretary of State, any power to change the rates of those benefits will remain subject to the consent of the Treasury.

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