C1C2Part IIIOverpayments and adjustments of Benefit

Annotations:
Modifications etc. (not altering text)
C1

Pt. III restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46

C2

Pt. III excluded (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 68, 89(4)(a)

Adjustments of benefits

73Overlapping benefits—general

1

Regulations may provide for adjusting F26state pension under Part 1 of the Pensions Act 2014 or benefit as defined in section 122 of the Contributions and Benefits Act F1, or a contribution-based jobseeker's allowance,F16 or a contributory employment and support allowance which is payable to or in respect of any person, or the conditions for F2receipt of that benefit, where—

a

there is payable in his case any such pension or allowance as is described in subsection (2) below; or

b

the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

2

Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

a

the person referred to in subsection (1);

b

that person's F7wife, husband or civil partner;

c

any F14... dependant of that person; or

d

the F8wife, husband or civil partner of any adult dependant of that person.

3

Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

F34

Regulations may provide for adjusting

F27za

state pension under Part 1 of the Pensions Act 2014;

a

benefit as defined in section 122 of the Contributions and Benefits Act; F21...

b

a contribution-based jobseeker's allowance, F17or

c

a contributory employment and support allowance,

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.

5

Subsection (4) above applies to any benefit payable under the legislation of any F28member State which is payable to or in respect of—

a

the person referred to in that subsection;

b

that person's F9wife, husband or civil partner;

c

any F15... dependant of that person; or

d

the F10wife, husband or civil partner of any adult dependant of that person.

F256

Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.

74Income support and other payments

1

Where—

a

a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

b

it is determined that an amount which has been paid by way of income support F5, an income-based jobseeker’s allowance F18, state pension credit or an income-related employment and support allowance would not have been paid if the payment had been made on the prescribed date,

the Secretary of State shall be entitled to recover that amount from the person to whom it was paid.

2

Where—

a

a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any F29member State is not made on or before the date which is the prescribed date in relation to the payment; and

b

it is determined that an amount (“the relevant amount”) has been paid by way of F23universal credit or income support F6, an income-based jobseeker’s allowance F19, state pension credit or an income-related employment and support allowance that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,

then—

  1. i

    in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and

  2. ii

    in the case of any other payment, the Secretary of State shall be entitled to receive the relevant amount out of the payment.

3

Where—

a

a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and

b

either—

i

B has received income support F20, an income-based jobseeker's allowance or an income-related employment and support allowance for that period; or

ii

B was, during that period, a member of the same family as some person other than A who received income support F20, an income-based jobseeker's allowance or an income-related employment and support allowance for that period; and

c

the amount of the income support F20, an income-based jobseeker's allowance or an income-related employment and support allowance has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,

the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support F20, an income-based jobseeker's allowance or an income-related employment and support allowance exceed what it is determined that they would have been had A, at the time the amount of income support F20, an income-based jobseeker's allowance or an income-related employment and support allowance was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.

4

Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Secretary of State may recover it otherwise than by way of abatement—

a

in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and

b

in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.

5

Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.

F474APayment of benefit where maintenance payments collected by Secretary of State

1

This section applies where—

a

a person (“the claimant”) is entitled to a benefit to which this section applies;

b

the Secretary of State is collecting periodical payments of child or spouse maintenance made in respect of the claimant or a member of the claimant's family; and

c

the inclusion of any such periodical payment in the claimant's relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.

2

The Secretary of State may, to such extent as he considers appropriate, treat any such periodical payments as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.

3

The Secretary of State may, to the extent that any periodical payment collected by him is treated as not being relevant income for those purposes retain the whole or any part of that payment.

4

Any sum retained by the Secretary of State under subsection (3) shall be paid by him into the Consolidated Fund.

5

In this section—

  • “child” means a person under the age of 16;

  • “child maintenance”, “spouse maintenance” and “relevant income” have such meaning as may be prescribed;

  • F11“couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;

  • “family” means—

    1. a

      a F12couple;

    2. b

      a F12couple and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

    3. c

      except in prescribed circumstances, a person who is not a member of a F12couple and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

For the purposes of this section, the Secretary of State may by regulations make provision as to the circumstances in which—

a

persons are to be treated as being or not being members of the same household;

b

one person is to be treated as responsible or not responsible for another.

7

The benefits to which this section applies are F24universal credit, income support, an income-based jobseeker's allowanceF22, an income-related employment and support allowance and such other benefits (if any) as may be prescribed.