Welfare Reform Act 2007 (c. 5)

Part 3 U.K. Social security administration: general

Overpayment recovery U.K.

44 Recovery of overpaid benefit: Great Britain E+W+S

(1) Section 71 of the Administration Act (overpayments) is amended as follows.

(2) Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.

(3) In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) or under regulations under subsection (4) ”.

45 Recovery of overpaid child benefit and guardian's allowance: Northern Ireland N.I.

(1) Section 69 of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (overpayments) is amended as follows.

(2) Subsection (5) (recovery of overpayments paid into account not recoverable under regulations under subsection (4) unless determination of amount is reversed on appeal etc. and overpayment is determined on the appeal etc. to be so recoverable) ceases to have effect.

(3) In subsection (5A) (recovery of overpayments paid in consequence of misrepresentation etc. not recoverable under subsection (1) unless determination of amount is reversed on appeal etc.) for “under subsection (1) above” substitute “ under subsection (1) or under regulations under subsection (4) ”.

(4) The amendments made by this section have effect only in relation to child benefit and guardian's allowance.