Childcare Payments Act 2014

38 Recovery of top-up payments where universal credit award made on appeal U.K.

(1) This section applies where—

(a) a person (“P”), or (in the case of a claim made jointly) P or P's partner at the time of the claim, has brought an appeal under the appropriate legislation against a decision not to make an award of universal credit or to terminate such an award, and

(b) the appeal is upheld.

(2) In subsection (1) “the appropriate legislation” means any of the following—

(a) the Social Security Act 1998;

(b) the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10));

(c) Part 1 of the Welfare Reform Act 2012;

(d) any provision made for Northern Ireland which corresponds to that Part of that Act.

(3) P is liable to pay HMRC an amount equal to the sum of—

(a) any top-up payments made to P for an entitlement period falling wholly within the relevant period, and

(b) the relevant proportion of the sum of any top-up payments made to P for an entitlement period falling partly within the relevant period.

(4) The “relevant period” means the period in relation to which the following conditions are met—

(a) it falls within the appeal period (see subsection (5)),

(b) it is a period for which an award of universal credit is made, or continues, as a result of the appeal being upheld, and

(c) where the award has been made to P and P's partner jointly, the person who was P's partner at the time of the claim has been P's partner throughout the period.

(5) The “appeal period” means the period which—

(a) begins with the day on which the decision was made, and

(b) ends with—

(i) the day on which the person who brought the appeal is notified of the decision on the appeal, or

(ii) if that day falls within an entitlement period for which P has made a valid declaration of eligibility, the last day of the entitlement period.

(6) In subsection (3)(b) the “relevant proportion”, in relation to top-up payments made for an entitlement period, means a proportion equal to the proportion of the entitlement period which falls within the relevant period.

Commencement Information

I1 S. 38 in force at 14.11.2016 for the purposes of the trial by S.I. 2016/1083, reg. 2(e)

I2 S. 38 in force at 21.4.2017 in so far as not already in force by S.I. 2017/578, reg. 3(d)