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41.—(1) Subject to paragraph (3), an alteration in the amount of a person’s employed earnings (within the meaning of regulation 55(1) of the Universal Credit Regulations) made in accordance with Chapter 2 of Part 6 (earned income) of the Universal Credit Regulations in consequence of information provided to the Secretary of State by HMRC is prescribed for the purposes of section 159D(1)(b)(vi) (effect of alterations affecting universal credit) of the Administration Act(1).
(2) For the purposes of this regulation, “alteration” means an increase or decrease in such earnings.
(3) Where the person disputes the figure used in accordance with regulation 55 (employed earnings) of the Universal Credit Regulations to calculate employed earnings in relation to any assessment period, the Secretary of State must—
(a)inform the person that they may request that the Secretary of State gives a decision in relation to the amount of universal credit payable in relation to that assessment period; and
(b)where such a decision is requested, give it within 14 days of receiving the request or as soon as practicable afterwards.
(4) Paragraph (3) does not affect the validity of anything done under section 159D(2) or (3) of the Administration Act in relation to the person’s award.
(5) A decision made in accordance with paragraph (3) takes effect on the date on which the alteration under section 159(D)(2) or (3) came into force in relation to the person.
Section 159D was inserted by section 31 of, and paragraph 23 of Schedule 2 to, the 2012 Act.
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