Social Security (Payments on account, Overpayments and Recovery) Regulations 1987

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) Regulations 1987 and shall come into force on 6th April 1987.

(2) In these Regulations, unless the context otherwise requires—

“the Act” means the Social Security Act 1986;

“adjudicating authority” means, as the case may be, the Chief or any other adjudicating officer, a social security appeal tribunal, the Chief or any other Social Security Commissioner or a Tribunal of Commissioners;

“benefit” means any benefit under the Social Security Act 1975(1), child benefit, family income supplement, supplementary benefit and any social fund payment under section 32(2)(a) of the Act (maternity and funeral expenses);

“child benefit” means benefit under Part I of the Child Benefit Act 1975(2);

“the Claims and Payments Regulations” means the Child Benefit (Claims and Payments) Regulations 1984(3), the Family Income Supplements (Claims and Payments) Regulations 1980(4), regulations 5 to 9 inclusive of the Mobility Allowance Regulations 1975(5), the Mobility Allowance (Motability Payments Arrangements) Regulations 1978(6), the Social Security (Claims and Payments) Regulations 1979(7), the Social Fund Maternity and Funeral Expenses (Claims and Payments) Regulations 1986(8) and the Supplementary Benefit (Claims and Payments) Regulations 1981(9);

“family income supplement” means benefit under the Family Income Supplements Act 1970(10);

“guardian’s allowance” means an allowance under section 38 of the Social Security Act 1975(11);

“severe disablement allowance” means an allowance under section 36 of the Social Security Act 1975(12);

“supplementary allowance” means an allowance under section 1(1)(b) of the Supplementary Benefits Act 1976(13);

“supplementary benefit” means benefit under Part I of the Supplementary Benefits Act 1976;

“supplementary pension” means a pension under section 1(1)(a) of the Supplementary Benefits Act 1976.

(3) Unless the context otherwise requires, any reference in these regulations to a numbered Part or regulation is a reference to the Part or regulation bearing that number in these regulations and any reference in a regulation to a numbered paragraph is a reference to the paragraph of that regulation bearing that number.

(1)

1975 c. 14; amendments altering the range of benefits available under this Act were made by the Social Security Pensions Act 1975 (c. 60), sections 15, 16, 22 and 66(2), the Social Security and Housing Benefits Act 1982 (c. 24), s.39, the Health and Social Security Act 1984 (c. 48), sections 11 to 13 and Schedule 5 and the Social Security Act 1986 (c. 50), sections 36 to 42, Schedule 3 and Schedule 4, paragraph 13.

(2)

1975 c. 61.

(3)

S.I. 1984/1960.

(4)

S.I. 1980/1438, amended by S.I. 1983/1003.

(5)

S.I. 1975/1573; relevant amending instruments are S.I. 1981/1817, 1982/1241, 1983/1186 and 1984/458.

(6)

S.I. 1978/1131, amended by S.I. 1982/1629.

(7)

S.I. 1979/628; relevant amending instruments are S.I. 1979/781 and 1199, 1980/1136, 1621 and 1943, 1981/1101, 1982/699, 1241, 1344 and 1362, 1983/186 and 1015, 1984/458, 550, 1303 and 1699, 1985/600 and 1250 and 1986/903.

(8)

S.I. 1986/2172.

(9)

S.I. 1981/1525; relevant amending instruments are S.I. 1982/522, 907, 914 and 1400, 1983/337, 1000 and 1004, 1984/458 and 938, 1985/1016 and 1986/562.

(10)

1970 c. 55; sections 6(1) and 8(3) were amended by the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 8, Part IV.

(11)

1975 c. 14; section 38 was amended by the Child Benefit Act 1975 (c. 61), Schedule 4 paragraph 12(a) and (c) and by the Social Security Act 1986 (c. 50), section 45.

(12)

1975 c. 14; section 36 was substituted by section 11 of the Health and Social Security Act 1984 (c. 48).

(13)

1976 c. 71; sections 1—30 have effect as set out in the Social Security Act 1980 (c. 30), sections 6, 8 and 21 and Schedule 2, Part II.