Explanatory Notes

Welfare Reform Act 2012

2012 CHAPTER 5

8 March 2012

Commentary on Sections

Part 5: Social security: General

Section 106: Deductions from earnings: other cases
Section 71

548.New subsection (9A) allows regulations to provide that amounts recoverable under section 71(8) (i.e. overpayments of benefits not covered by section 71ZB) may be recovered by deduction from earnings.

549.New subsection (9B) allows the Secretary of State to prescribe in regulations the definition of ‘earnings’ for the purpose of this section.

550.New subsection (9C) describes the related issues for which the Secretary of State may prescribe in regulations under subsection (9A). These include preventing an employer from making deductions from earnings where they would take earnings below a specified level, allowing for an employer to deduct a prescribed sum from earnings in respect of the employer’s administration costs, providing for a criminal offence for non-compliance with certain of the obligations under those regulations and legislating as to priorities of deductions from earnings made under these powers as against those made under other legislation.