PART IVPREVENTION OF DUPLICATION OF PAYMENTS

Duplication and prescribed income7

F41

For the purposes of section 74(1) of the Social Security Administration Act 1992 (F15income support, state pension creditF21, 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 F7or, as the case may be, Part VIII of the Jobseeker’s Allowance RegulationsF16or Part III of the State Pension Credit RegulationsF22or 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 F8or, as the case may be, Chapter VIII of Part VIII of the Jobseeker’s Allowance Regulations (child support maintenance) F23or 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 F5paragraph (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.

F63

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.

Duplication and prescribed payments8

1

For the purposes of section F1874(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—

F28za

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

F26any personal independence payment;

b

any child benefit;

F10c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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 F3Scottish Enterprise, Highlands and Islands Enterprise orF1the 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 F3Scottish Enterprise, Highlands and Islands Enterprise orF2the Secretary of State;

g

any payment of benefit under the legislation of any member State F33... concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71F30as 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, F31or 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 F32either Regulation, as amended from time to time.

F11h

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29i

any widowed parent’s allowance under section 39A of the Contributions and Benefits Act;

F19j

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

F20k

payments under the Financial Assistance Scheme Regulations 2005.

F24l

a contributory employment and support allowance.

C12

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 supportF17, F27universal credit, or state pension creditF9, or income-based jobseeker’s allowanceF25or income-related employment and support allowance.

Duplication and maintenance payments9

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.

Conversion of payments made in a foreign currency10

F121

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 F13any 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.

F142

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; F34...

F34b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.