Search Legislation

Welfare Reform Act 2012

Status:

This is the original version (as it was originally enacted).

106Deduction from earnings: other cases

This sectionnoteType=Explanatory Notes has no associated

(1)In section 71 of the Social Security Administration Act 1992 (overpayments - general), after subsection (9) there is inserted—

(9A)Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) above to be recovered by deductions from earnings.

(9B)In subsection (9A) above “earnings” has such meaning as may be prescribed.

(9C)Regulations under subsection (9A) above may include provision—

(a)requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State;

(b)requiring the employer, on being served with a notice by the Secretary of State, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State;

(c)as to the matters to be contained in such a notice and the period for which a notice is to have effect;

(d)as to how payment is to be made to the Secretary of State;

(e)as to a level of earnings below which earnings must not be reduced;

(f)allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary’s earnings in respect of the employer’s administrative costs;

(g)requiring the employer to keep records of deductions;

(h)requiring the employer to notify the Secretary of State if the beneficiary is not, or ceases to be, employed by the employer;

(i)creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j)with respect to the priority as between a requirement to deduct from earnings under this section and—

(i)any other such requirement;

(ii)an order under any other enactment relating to England and Wales which requires deduction from the beneficiary’s earnings;

(iii)any diligence against earnings.

(2)In section 71ZA of that Act (overpayments out of social fund), before subsection (3) there is inserted—

(2A)Subsection (9A) of section 71 above as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.

(3)In section 75 of that Act (overpayments of housing benefit), at the end there is inserted—

(8)Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.

(9)In subsection (8) above “earnings“ has such meaning as may be prescribed.

(10)Regulations under subsection (8) above may include provision—

(a)requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State or the authority which paid the benefit;

(b)requiring the employer, on being served with a notice by the Secretary of State or the authority which paid the benefit, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State or that authority;

(c)as to the matters to be contained in such a notice and the period for which a notice is to have effect;

(d)as to how payment is to be made to the Secretary of State or the authority which paid the benefit;

(e)as to a level of earnings below which earnings must not be reduced;

(f)allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary’s earnings in respect of the employer’s administrative costs;

(g)requiring the employer to keep records of deductions;

(h)requiring the employer to notify the Secretary of State or the authority which paid the benefit if the beneficiary is not, or ceases to be, employed by the employer;

(i)creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

(j)with respect to the priority as between a requirement to deduct from earnings under this section and—

(i)any other such requirement;

(ii)an order under any other enactment relating to England and Wales which requires deduction from the beneficiary’s earnings;

(iii)any diligence against earnings.

(4)In section 78 of that Act (recovery of social fund awards), after subsection (3B) there is inserted—

(3C)Regulations may provide for amounts recoverable under subsection (1) above from a person specified in subsection (3) above to be recovered by deductions from earnings.

(3D)In subsection (3C) above “earnings” has such meaning as may be prescribed.

(3E)Regulations under subsection (3C) above may include provision referred to in section 71(9C) above.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources