The Social Security (Overpayments and Recovery) Amendment Regulations 2015

Amendment of regulation 20

5.—(1) Regulation 20 (amount to be deducted by employer) is amended as follows.

(2) In paragraphs (2), (4), (6) and (8), after “paragraph (3)”, wherever it occurs, insert “or (3B)”.

(3) In paragraph (3), for “The amount to be deducted is—” substitute “Except where paragraph (3B) applies, the amount to be deducted is—”.

(4) After paragraph (3) insert—

“(3A) Paragraph (3B) applies where deductions from earnings are made to recover from the liable person the whole or part of an overpayment in respect of which the liable person has been found guilty of an offence whether under statute or otherwise.

(3B) Where this paragraph applies, the amount to be deducted by the employer is—

(a) where the liable person’s earnings are payable weekly, the percentage of their earnings specified in column 2 of Table C in Schedule 2 opposite the band in column 1 of that Table within which their net earnings payable on their pay-day fall;

(b) where the liable person’s earnings are payable monthly, the percentage of their earnings specified in column 2 of Table D in Schedule 2 opposite the band in column 1 of that Table within which their net earnings payable on their pay-day fall; or

(c) a lower amount calculated in the manner specified by the appropriate authority in the notice.”.

(5) For paragraph (5), substitute—

“(5) The employer must continue to make deductions in accordance with paragraph (3) or (3B) unless and until—

(a) they are notified by the appropriate authority that the notice—

(i) has been varied in accordance with regulation 25;

(ii) has been discharged under regulation 26; or

(iii) has lapsed under regulation 27; or

(b) the employer considers that, as a result of deductions under this regulation, the balance of the recoverable amount which falls to be recovered from the liable person is nil.”.

(6) In paragraph (7), after “paragraph (3)” insert “, (3B)”.