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The Housing Benefit (Welfare Supplementary Payment) Regulations (Northern Ireland) 2017

Draft Legislation:

This is a draft item of legislation. This draft has since been made as a Northern Ireland Statutory Rule: The Housing Benefit (Welfare Supplementary Payment) Regulations (Northern Ireland) 2017 No. 35

Recovery of overpayment: deduction from certain welfare supplementary payments

This section has no associated Explanatory Memorandum

10.—(1) The Department may, in the case of a person from whom an amount is recoverable under regulation 8, recover the outstanding amount by making deductions from—

(a)such amounts of welfare supplementary payment as are still to be paid in that person’s case, and

(b)in so far as the outstanding amount is not recovered by using the method under sub-paragraph (a), such amounts of any relevant payment as are still to be paid in that person’s case.

(2) When acting under paragraph (1) in a case where the outstanding amount is less than the total of the amounts referred to in sub-paragraph (a) or (b) (as the case may be), the Department must continue to pay the amounts in question until that total is equal to the outstanding amount.

(3) “Relevant payment” means a payment under—

(a)the Welfare Supplementary Payments Regulations (Northern Ireland) 2016(1),

(b)the Welfare Supplementary Payment (Loss of Disability Living Allowance) Regulations (Northern Ireland) 2016(2),

(c)the Welfare Supplementary Payment (Loss of Carer Payments) Regulations 2016(3), or

(d)the Welfare Supplementary Payment (Loss of Disability-Related Premiums) Regulations (Northern Ireland) 2016(4).

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