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3. After regulation 57 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016(1) (payment of personal independence payment on behalf of a claimant (Motability)) insert—
57A.—(1) Paragraph 2 applies where—
(a)an agreement referred to in regulation 57(1)(b) has been entered into; and
(b)a relevant provider is receiving payments of personal independence payment in settlement of liability for payments due under that agreement.
(2) The Department may require the relevant provider to make payments to meet the reasonable expenses of the Department in administering the making of the payments of personal independence payment to the relevant provider.
(3) The method by which the expenses under paragraph (2) are to be met is for the Department to issue an invoice to the relevant provider setting out the expenses that have been incurred and for the relevant provider to pay the sum stated to the Department.
(4) The first invoice issued by the Department may recover expenses incurred on or after 7th November 2016.
(5) Subsequently the Department may issue invoices no more frequently than annually and only in respect of expenses incurred since the period covered by the previous invoice.
(6) The expenses that the Department may take into account for the purposes of paragraph (2) include—
(a)the salaries and other costs relating to the employment of staff wholly engaged in the administering of the payments of personal independence payment and where staff have other responsibilities, an apportioned amount of those costs; and
(b)overheads, including rent and other shared costs, relating to those staff.
(7) In determining what expenses were reasonably incurred in administering the making of payments of personal independence payment to a relevant provider, the Department must have regard to any agreement between the Department and the relevant provider concerning the level of service to be provided by the Department in the making of such payments to that relevant provider.”.
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