Welfare Reform Act 2012

Child Support, Pensions and Social Security Act 2000 (c. 19)

13 After section 70 there is inserted—

“70A Payment of grant

(1) A grant under section 70 shall be made by the Secretary of State in such instalments, at such times, in such manner and subject to such conditions as to claims, records, certificates, audit or otherwise as may be provided by order of the Secretary of State with the consent of the Treasury.

(2) The order may provide that if a local authority has not complied with the conditions specified in it within such period as may be specified in it, the Secretary of State may estimate the amount of grant under section 70 payable to the authority and employ for that purpose such criteria as he considers relevant.

(3) Where a grant under section 70 has been paid to a local authority and it appears to the Secretary of State that—

(a) the grant has been overpaid, or

(b) there has been a breach of any condition specified in an order under this section,

he may recover from the authority the whole or such part of the payment as he may determine.

(4) Without prejudice to the other methods of recovery, a sum recoverable under this section may be recovered by withholding or reducing subsidy.

(5) An order under this section may be made before, during or after the end of the period to which it relates.

(6) In this section “local authority“ has the same meaning as in section 69.

(7) Section 70(5) to (7) applies to orders under this section.”