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The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

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PART IVU.K.PREVENTION OF DUPLICATION OF PAYMENTS

Duplication and prescribed incomeU.K.

7.—[F1(1) For the purposes of section 74(1) of the Social Security Administration Act 1992 ([F2income support, state pension credit] [F3, income-based jobseeker’s allowance, income-related employment and support allowance] and other payments), a person’s prescribed income is—

(a)income required to be taken into account in accordance with Part V of the Income Support Regulations [F4or, as the case may be, Part VIII of the Jobseeker’s Allowance Regulations] [F5or Part III of the State Pension Credit Regulations] [F6or Part 10 of the Employment and Support Allowance Regulations], except for the income specified in sub-paragraph (b); and

(b) income which, if it were actually paid, would be required to be taken into account in accordance with Chapter VIIA of Part V of the Income Support Regulations [F7or, as the case may be, Chapter VIII of Part VIII of the Jobseeker’s Allowance Regulations ](child support maintenance) [F8or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations (child support)]; but only in so far as it relates to the period beginning with the effective date of the maintenance assessment under which it is payable, as determined in accordance with regulation 30 of the Child Support (Maintenance Assessment Procedure) Regulations 1992, and ending with the first day which is a day specified by the Secretary of State under regulation 4(1) of the Child Support (Collection and Enforcement) Regulations 1992 as being a day on which payment of child support maintenance under that maintenance assessment is due.]

(2) The prescribed date in relation to any payment of income prescribed by [F9paragraph (1)(a)] is—

(a)where it is made in respect of a specific day or period, that day or the first day of the period;

(b)where it is not so made, the day or the first day of the period to which it is fairly attributable.

[F10(3) Subject to paragraph (4), the prescribed date in relation to any payment of income prescribed by paragraph (1)(b) is the last day of the maintenance period, determined in accordance with regulation 33 of the Child Support (Maintenance Assessment Procedure) Regulations 1992, to which it relates.

(4) Where the period referred to in paragraph (1)(b) does not consist of a number of complete maintenance periods the prescribed date in relation to income prescribed by that sub-paragraph which relates to any part of that period which is not a complete maintenance period is the last day of that period.]

Textual Amendments

F1Reg. 7(1) substituted (5.4.93 for reg. 7(1), 7(1)(a), and 19.4.93 for reg. 7(1)(b)) by S.I. 1993/650, reg. 1(1), 2(4)(a)

F9Words in reg. 7(2) substituted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(4)(b)

F10Reg. 7(3)(4) inserted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(4)(c)

Duplication and prescribed paymentsU.K.

8.—(1) For the purposes of section [F1174(2) of the Administration Act] (recovery of amount of benefit awarded because prescribed payment not made on prescribed date), the payment of any of the following is a prescribed payment—

[F12(za)a state pension under Part 1 of the Pensions Act 2014;]

(a)any benefit under the Social Security Act 1975 M1 other than any gratuity or a widow's payment M2;

(aa)[F13any personal independence payment;]

(b)any child benefit;

F14(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)any war disablement pension or war widow's pension M3 which is not in the form of a gratuity and any payment which the Secretary of State accepts as analogous to any such pension;

(e)any allowance paid under the Job Release Act 1977 M4;

(f)any allowance payable by or on behalf of [F15Scottish Enterprise, Highlands and Islands Enterprise or] [F16the Secretary of State] to or in respect of a person for his maintenance for any period during which he is following a course of training or instruction provided or approved by [F15Scottish Enterprise, Highlands and Islands Enterprise or] [F17the Secretary of State];

(g)any payment of benefit under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71 [F18as amended from time to time,] on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community M5, [F19or in Article 3(1) of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,] whether or not the benefit has been acquired by virtue of the provisions of [F20either Regulation, as amended from time to time].

F21(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22(i)any widowed parent’s allowance under section 39A of the Contributions and Benefits Act;]

[F23(j)any contribution-based jobseeker’s allowance within the meaning of section 1(4) of the Jobseekers Act 1995.]

[F24(k)payments under the Financial Assistance Scheme Regulations 2005.]

[F25(l)a contributory employment and support allowance.]

(2) The prescribed date, in relation to any payment prescribed by paragraph (1) is the date by which receipt of or entitlement to that benefit would have to be notified to the Secretary of State if it were to be taken into account in determining, whether on review or otherwise, the amount of or entitlement to income support[F26, [F27universal credit,] or state pension credit][F28, or income-based jobseeker’s allowance] [F29or income-related employment and support allowance].

Textual Amendments

F12Reg. 8(1)(za) inserted (6.4.2016 coming into force in accordance with art. 1(2)(b)) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 11(4)

F14Reg. 8(1)(c) omitted (5.10.1999 with effect in accordance with reg. 1(2)) by virtue of The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 8

F16Words in reg. 8(1)(f) substituted (16.11.89) by the Employment Act 1989, 1989 c.38, ss. 30, 22(5), sch. 5 paras. 1 & 4

F17Words in reg. 8(1)(f) substituted (16.11.89) by the Employment Act 1989, 1989 c.38, ss. 30, 22(5), sch. 5 paras. 1 & 4

F21Reg. 8(1)(h) omitted (5.10.1999 with effect in accordance with reg. 1(2)) by virtue of The Tax Credits (Payments on Account, Overpayments and Recovery) (Amendment) Regulations 1999 (S.I. 1999/2571), regs. 1(1), 8

F22Reg. 8(1)(i) substituted (6.4.2017 coming into force in accordance with art. 1-3) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2017 (S.I. 2017/422), arts. 1(2), 13(3)

Modifications etc. (not altering text)

C1Reg. 8(2) modified (1st June, 5th July, 6th September, 5th and 18th October and 29th November 1999) by the Social Security Act 1998, 1999/1958, 2422, 2739, 2860 and 3178, Sch.9 para. 4

Marginal Citations

M2Section 24 of the Social Security Act 1975 inserted by section 36 of the Act.

M3“War disablement pension” and “war widow's pension” are each defined in section 84(1) of the Social Security Act 1986 (c. 50).

M5O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulation (EEC) No. 1660/85 (O.J. No. L160, 20.6.1985), Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L57, 28.2.1986).

Duplication and maintenance paymentsU.K.

9.  For the purposes of section 27(3) of the Act (recovery of amount of benefit awarded because maintenance payments not made), the following benefits are prescribed—

(a)child benefit;

(b)increases for dependants of any benefit under the Social Security Act 1975;

(c)child's special allowance under section 31 of the Social Security Act 1975 M6; and

(d)guardian's allowance.

Marginal Citations

M61975 c. 14; child's special allowance is abolished except for existing beneficiaries by Social Security Act 1986 (c. 50), section 40.

Conversion of payments made in a foreign currencyU.K.

10.—[F30(1)] Where a payment of income prescribed by regulation 7(1), or a payment prescribed by regulation 8(1), is made in a currency other than sterling, its value in sterling, for the purposes of section 27 of the Act and this Part, shall be determined, after conversion by the Bank of England, or by [F31any authorised deposit-taker], as the net sterling sum into which it is converted, after any banking charge or commission on the transaction has been deducted.

[F32(2) In this regulation “authorised deposit-taker” means—

(a)a person who has permission under Part 4 of the Financial Services and Markets Act 2000 to accept deposits; or

(b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits.

(3) Paragraph (2) must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any relevant order under that section; and

(c)Schedule 2 to that Act.]

Textual Amendments

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