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Social Security Administration Act 1992

Changes over time for: Section 71ZB

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Social Security Administration Act 1992, Section 71ZB is up to date with all changes known to be in force on or before 18 July 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

  • Act applied (with modifications) by S.I. 2018/1125 reg. 8 (This amendment not applied to legislation.gov.uk. S.I. 2018/1125, reg. 8 omitted (31.12.2020) by virtue of Private International Law (Implementation of Agreements) Act 2020 (c. 24), s. 4(3), Sch. 5 para. 4(4))
  • Act modified by S.I. 2019/1302 art. 2 (This amendment not applied to legislation.gov.uk S.I. 2019/1302 revoked (17.12.2020) by The Social Security (Iceland, Liechtenstein and Norway) (Citizens’ Rights Agreement) (Revocation) Order 2020 (S.I. 2020/1569), arts. 1(2), 2)
  • Act modified by S.I. 2019/1303 art. 2 (This amendment not applied to legislation.gov.uk. S.I. 2019/1303 revoked (17.12.2020) by The Social Security (Switzerland) (Citizens’ Rights Agreement) (Revocation) Order 2020 (S.I. 2020/1570), arts. 1(2), 2)

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

[F171ZBRecovery of overpayments of certain benefitsU.K.

(1)The Secretary of State may recover any amount of the following paid in excess of entitlement—

(a)universal credit,

(b)jobseeker's allowance,

(c)employment and support allowance, and

(d)except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act 2002).

(2)An amount recoverable under this section is recoverable from—

(a)the person to whom it was paid, or

(b)such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

(3)An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—

(a)reversed or varied on an appeal, or

(b)revised or superseded under section 9 or section 10 of the Social Security Act 1998,

except where regulations otherwise provide.

(4)Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

(5)Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.

(6)In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

(7)An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—

(a)by deduction from benefit (section 71ZC);

(b)by deduction from earnings (section 71ZD);

(c)through the courts etc (section 71ZE);

(d)by adjustment of benefit (section 71ZF).]

Textual Amendments

F1Ss. 71ZB-71ZH and cross-heading inserted (1.7.2012 for specified purposes, 1.10.2012 for specified purposes, 29.4.2013 in so far as not already in force, except for s 71ZB(1)(d) and the word “and” immediately preceding it, and, in respect of s. 71ZB(1)(b)(c) only in so far as those paragraphs relate respectively to a new style JSA award and a new style ESA award) by Welfare Reform Act 2012 (c. 5), ss. 105(1), 150(3); S.I. 2012/1246, art. 2(4)(a)(b)(5)(a); S.I. 2013/358, art. 5(2)(3)(a) (with art. 5(3A)(7)) (as amended by S.I. 2013/983, art. 23)

Modifications etc. (not altering text)

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