The Social Security (Claims and Payments) Regulations 1987

[F1 Recovery of sums wrongly paid E+W+S

11.— (1) Where sums have been paid to a qualifying lender under regulation 34A [F2 or 34B] which ought not to have been paid for one or both of the reasons mentioned in sub-paragraph (2) of this paragraph, the qualifying lender shall, at the request of the Secretary of State, repay the sum overpaid.

(2) The reasons referred to in sub-paragraph (1) of this paragraph are—

(a) that—

(i) the rate at which the borrower pays mortgage interest has been reduced [F3 or the rate [F4 determined in accordance with] paragraph 12 of Schedule 3 to the Income Support Regulations [F5 or, as the case may be, paragraph 11 of Schedule 2 to the Jobseeker’s Allowance Regulations][F6 , or paragraph 13 of Schedule 6 to the Employment and Support Allowance Regulations] [F7 or paragraph 9 of Schedule II to the State Pension Credit Regulations] (standard rate) has been reduced] or the amount outstanding on the loan has reduced, and

(ii) as a result of this reduction the applicable amount of the relevant beneficiary has also been reduced, but

(iii) no corresponding reduction was made to the specified part; or

(b) subject to paragraph (3), that the relevant beneficiary has ceased to be entitled to any relevant benefits.

(3) A qualifying lender shall only repay sums which ought not to have been paid for the reason mentioned in sub-paragraph (2)(b) of this paragraph if the Secretary of State has requested that lender to repay the sums within a period of 4 weeks starting with the last day on which the relevant beneficiary was entitled to any relevant benefits.]

Textual Amendments

F1 Sch. 9A inserted (25.5.1992 for specified purposes and for specified purposes and with effect in accordance with reg. 1(3)(4)) by The Social Security (Claims and Payments) Amendment Regulations 1992 (S.I. 1992/1026), reg. 1(3)(4), 6

F2 Words in Sch. 9A para. 11(1) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(a), 5(5)(g)(i)

F3 Words in Sch. 9A para. 11(2)(a)(i) inserted (with effect in accordance with reg. 1(2) of the amending S.I.) by The Social Security (Income Support and Claims and Payments) Amendment Regulations 1995 (S.I. 1995/1613), reg. 1(1), Sch. 2 para. 9

F4 Words in Sch. 9A para. 11(2)(a)(i) substituted (28.11.2004) by The Social Security (Housing Costs Amendments) Regulations 2004 (S.I. 2004/2825), regs. 1(2)(a), 3(b)

F5 Words in Sch. 9A para. 11(2)(a)(i) inserted (7.10.1996) by The Social Security (Claims and Payments) (Jobseekers Allowance Consequential Amendments) Regulations 1996 (S.I. 1996/1460), regs. 1, 2(27)(f)

F6 Words in Sch. 9A para. 11(2)(a)(i) inserted (27.7.2008) by The Employment and Support Allowance (Consequential Provisions) (No. 2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(a), 27(7)

F7 Words in Sch. 9A para. 11(2)(a)(i) inserted (7.4.2003) by The State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) (No. 2) Regulations 2002 (S.I. 2002/3197), regs. 1(1)(a), 5(5)(g)(ii)