Recovery of top-up payments

Recovery of top-up payments where universal credit award made on appeal
38
1
This section applies where—
a
a person (“P”), or (in the case of a claim made jointly) P or P's partner at the time of the claim, has brought an appeal under the appropriate legislation against a decision not to make an award of universal credit or to terminate such an award, and
b
the appeal is upheld.
2
In subsection (1) “the appropriate legislation” means any of the following—
a
the Social Security Act 1998;
b
the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10));
c
Part 1 of the Welfare Reform Act 2012;
d
any provision made for Northern Ireland which corresponds to that Part of that Act.
3
P is liable to pay HMRC an amount equal to the sum of—
a
any top-up payments made to P for an entitlement period falling wholly within the relevant period, and
b
the relevant proportion of the sum of any top-up payments made to P for an entitlement period falling partly within the relevant period.
4
The “relevant period” means the period in relation to which the following conditions are met—
a
it falls within the appeal period (see subsection (5)),
b
it is a period for which an award of universal credit is made, or continues, as a result of the appeal being upheld, and
c
where the award has been made to P and P's partner jointly, the person who was P's partner at the time of the claim has been P's partner throughout the period.
5
The “appeal period” means the period which—
a
begins with the day on which the decision was made, and
b
ends with—
i
the day on which the person who brought the appeal is notified of the decision on the appeal, or
ii
if that day falls within an entitlement period for which P has made a valid declaration of eligibility, the last day of the entitlement period.
6
In subsection (3)(b) the “relevant proportion”, in relation to top-up payments made for an entitlement period, means a proportion equal to the proportion of the entitlement period which falls within the relevant period.
S. 38 in force at 14.11.2016 for the purposes of the trial by S.I. 2016/1083, reg. 2(e)
S. 38 in force at 21.4.2017 in so far as not already in force by S.I. 2017/578, reg. 3(d)