The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013

Amendments to the 1998 Order having effect from 1st April 2012

2.—(1) Article 18 (additions to subsidy) of the 1998 Order is amended as follows—

(a) in paragraph (4) after “(4ZA)”(1) insert “or (4ZB)”;

(b) after paragraph (4ZA) insert—

“(4ZB) This paragraph applies to an overpayment where—

(a) during the period beginning on 9th April 2012 and ending on 19th April 2012 (the “specified period”) an authority received a notification through the Automated Transfers to Local Authority System used by the Department for Work and Pensions to provide award data to relevant authorities in respect of a claimant (“the notification”);

(b) the notification received during the specified period was sufficient to require an authority to make a revision or supersession decision on a claimant’s award;

(c) the authority failed to make a revision or supersession decision on the basis of the notification received during the specified period before the next day on which the claimant’s benefit was paid;

(d) the authority’s failure to make a revision or supersession decision before the next day on which the claimant’s benefit was paid resulted in the overpayment; and

(e) the authority made a revision or supersession decision on the claimant’s award, based on the notification received during the specified period, on or before 10th July 2012.”.

(c) in paragraph (6ZA)(2)—

(i) omit “and” at the end of sub-paragraph (b);

(ii) at the end of sub-paragraph (c)(ii) insert “; and”; and

(iii) after sub-paragraph (c) insert—

“(d) paragraph (4ZB) is not applicable.”;

(d) in paragraph (12)(3) after “(4ZA)” insert “, (4ZB)”.

(2) For Schedule 1 (sums to be used in the calculation of subsidy)(4) of the 1998 Order substitute Schedule 1 to this Order.

(1)

Paragraph (4) of article 18 was amended by S.I. 2000/2340, S.I. 2002/1397, S.I. 2003/3179 and S.I. 2005/369. Paragraph (4ZA) was inserted by S.I. 2005/369.

(2)

Paragraph (6ZA) of article 18 was inserted by S.I. 2010/2481.

(3)

Paragraph (12) was amended by S.I. 2010/2481.

(4)

Schedule 1 was substituted by S.I. 2013/266.