Childcare Payments Act 2014

37 Recovery of top-up payments where universal credit award made on revision

(1) This section applies where any of the following decisions has been revised under section 9 of the Social Security Act 1998 or Article 10 of the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10))—

(a) a decision not to make an award of universal credit to a person (“P”) or to P and P’s partner jointly;

(b) a decision to terminate such an award.

(2) P is liable to pay HMRC an amount equal to the sum of—

(a) any top-up payments made to P for an entitlement period falling wholly within the relevant period, and

(b) the relevant proportion of the sum of any top-up payments made to P for an entitlement period falling partly within the relevant period.

(3) The “relevant period” means the period in relation to which the following conditions are met—

(a) it falls within the revision period (see subsection (4)),

(b) it is a period for which an award of universal credit is made, or continues, as a result of the revision of the decision, and

(c) where the award has been made to P and P’s partner jointly, the person who was P’s partner at the time of the decision has been P’s partner throughout the period.

(4) The “revision period” means the period which—

(a) begins with the day on which the decision was made, and

(b) ends with—

(i) the day on which the person in relation to whom the decision was made is notified that the decision has been revised, or

(ii) if that day falls within an entitlement period for which P has made a valid declaration of eligibility, the last day of the entitlement period.

(5) In subsection (2)(b) the “relevant proportion”, in relation to top-up payments made for an entitlement period, means a proportion equal to the proportion of the entitlement period which falls within the relevant period.