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The Social Security (Recovery) (Amendment) Regulations 2012

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Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Recovery) (Amendment) Regulations 2012 and come into force on 1st April 2012.

(2) In these Regulations—

“the 1988 Regulations” means the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988(1);

“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006(2);

“the Council Tax Benefit (SPC) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(3);

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006(4);

“the Housing Benefit (SPC) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006(5).

Sums to be deducted in calculating recoverable amounts

2.—(1) In regulation 13(1)(b) of the 1988 Regulations(6)(sums to be deducted in calculating recoverable amounts)—

(a)after “which was not payable” insert “to the person from whom the amount is recoverable or their partner”;

(b)after “to be payable” insert “to that person or their partner”;

(c)at the end of paragraph (ii) add “or” and after that paragraph insert—

(iii)on the basis of the determination if any change of circumstances had been notified at the time that change occurred;.

(2) In both regulation 104(1) of the Housing Benefit Regulations(7) and regulation 85(1) of the Housing Benefit (SPC) Regulations (8)(sums to be deducted in calculating recoverable overpayments) after “determined to be payable” insert “to the person from whom the overpayment is recoverable or their partner”.

(3) In both regulation 89(1) of the Council Tax Benefit Regulations(9) and regulation 74(1) of the Council Tax Benefit (SPC) Regulations(10)(sums to be deducted in calculating recoverable excess benefit), after “determined to be payable” insert “to the person from whom the excess benefit is recoverable or their partner”.

Limitation on deduction from prescribed benefits

3.—(1) In regulation 16(5) of the 1988 Regulations(11) (limitation on deductions from prescribed benefits)—

(a)for “4 times” substitute “5 times”;

(b)for the words from “where it is not a multiple of 10 pence” to the end of that paragraph substitute “where it is not a multiple of 5 pence, rounded to the next higher such multiple”.

(2) In both regulation 102(3) of the Housing Benefit Regulations(12) and regulation 83(3) of the Housing Benefit (SPC) Regulations (13) (method of recovery)—

(a)for “four times” substitute “five times”;

(b)for the words from “but where that five per cent.” to the end of each of those paragraphs substitute “that five per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple”.

Methods of recovery

4.—(1) In regulation 86(3)(b) of the Council Tax Benefit Regulations(14) (methods of recovery), for “90(1A)” substitute “90(1B)”.

(2) In regulation 71(3)(b) of the Council Tax Benefit (SPC) Regulations(15) (methods of recovery), for “75(1A)” substitute “75(1B)”.

Signed by authority of the Secretary of State for Work and Pensions.

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

1st March 2012

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