Social Security Act 1998

75 Overpayments out of social fund

(1) After section 71 of the Administration Act there shall be inserted the following section—

“71ZA Overpayments out of social fund

(1) Subject to subsection (2) below, section 71 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies.

(2) Section 71 above as it so applies shall have effect as if—

(a) in paragraph (a) of subsection (5) and subsection (5A), for the words “reversed or varied on an appeal or has been revised under section 9 or superseded under section 10” there were substituted the words “revised on a review under section 38”;

(b) in paragraph (b) of subsection (5), for the words “on the appeal or under that section” there were substituted the words “on the review”; and

(c) subsections (7), (10A) and (10B) were omitted.

(3) This section applies to social fund payments such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.”

(2) This section applies where such a determination as is mentioned in section 71(1) of the Administration Act is made in relation to a social fund payment—

(a) to which section 71ZA of that Act applies; and

(b) which is made on or after the day on which this section comes into force.

Commencement Information

I1 S. 75 in force at 5.10.1998 by S.I. 1998/2209, art. 2(e)