Reduction on application of benefit cap

8A

A decision to apply the benefit cap in accordance with regulations under Article 101 of the Welfare Reform (Northern Ireland) Order 2015.

i

the condition that the requirements for entitlement are satisfied at a prescribed time after the making of the award, or

ii

other prescribed conditions;

1A

Regulations may make provision for requiring a person of a prescribed description to supply any information or evidence which is, or could be, relevant to—

a

a claim or award relating to a benefit to which this section applies, or

b

potential claims or awards relating to such a benefit.

s

for the making of a payment on account of such a benefit—

i

in cases where it is impracticable for a claim to be made or determined immediately, or for an award to be determined or paid in full immediately,

ii

in cases of need, or

iii

in cases where the Department considers in accordance with prescribed criteria that the payment can reasonably be expected to be recovered;

3A

Regulations may provide that, in such cases or circumstances as may be prescribed, there is a right of appeal under paragraph (2) in relation to a decision only if the Department has considered whether to revise the decision under Article 10.

3B

The regulations may in particular provide that that condition is met only where—

a

the consideration by the Department was on an application,

b

the Department considered issues of a specified description, or

c

the consideration by the Department satisfied any other condition specified in the regulations.

3C

The references in paragraphs (3A) and (3B) to regulations and to the Department are subject to any statutory provision under or by virtue of which the functions under this Chapter are transferred to or otherwise made exercisable by a person other than the Department.

5A

Regulations may provide that, where in accordance with regulations under paragraph (3A) there is no right of appeal against a decision, any purported appeal may be treated as an application for revision under Article 10.

5A

The provision referred to in subsection (5) includes, in a case where regulations under this Act require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

5B

For the purposes of subsection (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 1 of that Act are to be read as references to regulations under this Act; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.

5A

The provision referred to in paragraph (5) includes, in a case where regulations under this Order require or authorise the use of electronic communications, provision referred to in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001.

5B

For the purposes of paragraph (5A), references in sections 1(4) and (5) and 2(5) of the Electronic Communications Act (Northern Ireland) 2001 to an order under section 2 of that Act are to be read as references to regulations under this Order; and references to anything authorised by such an order are to be read as references to anything required or authorised by such regulations.

Recovery of benefit payments

69ZBRecovery of overpayments of certain benefits

1

The Department may recover any amount of the following paid in excess of entitlement—

a

universal credit,

b

jobseeker's allowance,

c

employment and support allowance, and

d

except in prescribed circumstances, housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002).

2

An amount recoverable under this section is recoverable from—

a

the person to whom it was paid, or

b

such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

3

An amount paid in pursuance of a determination is not recoverable under this section unless the determination has been—

a

reversed or varied on an appeal, or

b

revised or superseded under Article 10 or Article 11 of the Social Security (Northern Ireland) Order 1998,

except where regulations otherwise provide.

4

Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

5

Where an amount of universal credit is paid for the sole reason that a payment by way of prescribed income is made after the date which is the prescribed date for payment of that income, that amount is for the purposes of this section paid in excess of entitlement.

6

In the case of a benefit referred to in subsection (1) which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

7

An amount recoverable under this section may (without prejudice to any other means of recovery) be recovered—

a

by deduction from benefit (section 69ZC);

b

by deduction from earnings (section 69ZD);

c

through the courts etc (section 69ZE);

d

by adjustment of benefit (section 69ZF).

69ZCDeduction from benefit

1

An amount recoverable from a person under section 69ZB may be recovered by deducting the amount from payments of prescribed benefit.

2

Where an amount recoverable from a person under section 69ZB was paid to the person on behalf of another, subsection (1) authorises its recovery from the person by deduction—

a

from prescribed benefits to which the person is entitled,

b

from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by the person on whose behalf the recoverable amount was paid, or

c

from prescribed benefits paid to the person to discharge (in whole or in part) an obligation owed to that person by any other person.

3

Where an amount is recovered as mentioned in paragraph (b) of subsection (2), the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction.

4

Where an amount is recovered as mentioned in paragraph (c) of subsection (2), the obligation specified in that paragraph shall in all cases be taken to be so discharged.

69ZDDeduction from earnings

1

Regulations may provide for amounts recoverable under section 69ZB to be recovered by deductions from earnings.

2

In this section “earnings” has such meaning as may be prescribed.

3

Regulations under subsection (1) may include provision—

a

requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;

b

requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;

c

as to the matters to be contained in such a notice and the period for which a notice is to have effect;

d

as to how payment is to be made to the Department;

e

as to a level of earnings below which earnings must not be reduced;

f

allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

g

requiring the employer to keep records of deductions;

h

requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;

i

creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

j

with respect to the priority as between a requirement to deduct from earnings under this section and—

i

any other such requirement;

ii

an order under any other statutory provision which requires deduction from the beneficiary's earnings.

69ZECourt action etc.

1

An amount recoverable under section 69ZB is, if the county court so orders, recoverable as if it were payable under an order of that court.

2

Any costs of the Department in recovering an amount of benefit under this section may be recovered by it as if they were amounts recoverable under section 69ZB.

69ZFAdjustment of benefit

Regulations may for the purpose of the recovery of amounts recoverable under section 69ZB make provision—

a

for treating any amount paid to a person under an award which it is subsequently determined was not payable—

i

as properly paid, or

ii

as paid on account of a payment which it is determined should be or should have been made,

and for reducing or withholding arrears payable by virtue of the subsequent determination;

b

for treating any amount paid to one person in respect of another as properly paid for any period for which it is not payable in cases where in consequence of a subsequent determination—

i

the other person is entitled to a payment for that period, or

ii

a third person is entitled in priority to the payee to a payment for that period in respect of the other person,

and by reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

69ZGRecovery of payments on account

1

The Department may recover any amount paid under section 5(1)(s) (payments on account).

2

An amount recoverable under this section is recoverable from—

a

the person to whom it was paid, or

b

such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

3

Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

4

In the case of a payment on account of a benefit which is awarded to persons jointly, an amount paid to one of those persons may for the purposes of this section be regarded as paid to the other.

5

Sections 69ZC, 69ZD and 69ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.

69ZHRecovery of hardship payments etc.

1

The Department may recover any amount paid by way of—

a

payment under Article 33 of the Welfare Reform (Northern Ireland) Order 2015 (universal credit hardship payments) which is recoverable under that Article,

b

a payment under Article 21C of the Jobseekers Order (jobseeker's allowance hardship payments) which is recoverable under that Article,

c

a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Order (exemptions), where the allowance is payable at a prescribed rate under paragraph 9 of that Schedule and is recoverable under that paragraph,

d

a payment of a jobseeker's allowance under paragraph 10 of that Schedule (claims yet to be determined etc.) which is recoverable under that paragraph, or

e

a payment which is recoverable under section 5B(5A)(d) or (7)(d), 6(2A)(d) or (4)(d), 7(3)(aa) or (4)(d) or 8(2A)(d) or (4)(d) of the Social Security Fraud Act (Northern Ireland) 2001.

2

An amount recoverable under this section is recoverable from—

a

the person to whom it was paid, or

b

such other person (in addition to or instead of the person to whom it was paid) as may be prescribed.

3

Regulations may provide that amounts recoverable under this section are to be calculated or estimated in a prescribed manner.

4

Where universal credit or a jobseeker's allowance is claimed by persons jointly, an amount paid to one claimant may for the purposes of this section be regarded as paid to the other.

5

Sections 69ZC to 69ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 69ZB.

6A

A decision as to whether payment of housing credit (within the meaning of the State Pension Credit Act (Northern Ireland) 2002) is recoverable under section 69ZB of the Administration Act.

6B

A decision as to the amount of payment recoverable under section 69ZB, 69ZG or 69ZH of the Administration Act.

9A

Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) to be recovered by deductions from earnings.

9B

In subsection (9A) “earnings” has such meaning as may be prescribed.

9C

Regulations under subsection (9A) may include provision—

a

requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department;

b

requiring the employer, on being served with a notice by the Department, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department;

c

as to the matters to be contained in such a notice and the period for which a notice is to have effect;

d

as to how payment is to be made to the Department;

e

as to a level of earnings below which earnings must not be reduced;

f

allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

g

requiring the employer to keep records of deductions;

h

requiring the employer to notify the Department if the beneficiary is not, or ceases to be, employed by the employer;

i

creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

j

with respect to the priority as between a requirement to deduct from earnings under this section and—

i

any other such requirement;

ii

an order under any other statutory provision which requires deduction from the beneficiary's earnings.

2A

Subsection (9A) of section 69 as it so applies shall have effect as if the reference to amounts recoverable under the provisions mentioned in subsection (8) of that section were to amounts recoverable under subsections (1) and (4) of that section by virtue of subsection (1) above.

8

Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.

9

In subsection (8) “earnings” has such meaning as may be prescribed.

10

Regulations under subsection (8) may include provision—

a

requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Department, the Department of Finance and Personnel or the Housing Executive;

b

requiring the employer, on being served with a notice by the Department, the Department of Finance and Personnel or the Housing Executive, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Department, the Department of Finance and Personnel or the Housing Executive;

c

as to the matters to be contained in such a notice and the period for which a notice is to have effect;

d

as to how payment is to be made to the Department, the Department of Finance and Personnel or the Housing Executive;

e

as to a level of earnings below which earnings must not be reduced;

f

allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;

g

requiring the employer to keep records of deductions;

h

requiring the employer to notify the Department, the Department of Finance and Personnel or the Housing Executive if the beneficiary is not, or ceases to be, employed by the employer;

i

creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;

j

with respect to the priority as between a requirement to deduct from earnings under this section and—

i

any other such requirement;

ii

an order under any other statutory provision which requires deduction from the beneficiary's earnings.

3B

Regulations may provide for amounts recoverable under subsection (1) from a person specified in subsection (3) to be recovered by deductions from earnings.

3C

In subsection (3B) “earnings” has such meaning as may be prescribed.

3D

Regulations under subsection (3B) may include provision referred to in section 69(9C).

11

References in this Order to an action do not include any method of recovery of a sum recoverable under—

a

Part 3 of the Social Security Administration (Northern Ireland) Act 1992,

b

section 126(c) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, or

c

Part 1 of the Tax Credits Act 2002, other than a proceeding in a court of law.

1A

This section also applies where—

a

it appears to the Department or the Housing Executive that there are grounds for instituting proceedings against a person for an offence (under this Act or any other statutory provision) relating to an act or omission on the part of that person in relation to any benefit, and

b

if an overpayment attributable to the act or omission had been made, the overpayment would have been recoverable from the person by, or due from the person to, the Department or the Housing Executive under or by virtue of section 69, 69ZB, 69A or 73.

3

The amount of the penalty in a case falling within subsection (1) is 50 per cent. of the amount of the overpayment (rounded down to the nearest whole penny), subject to—

a

a minimum amount of £350, and

b

a maximum amount of £2000.

3A

The amount of the penalty in a case falling within subsection (1A) is £350.

3B

The Department may by order amend—

a

the percentage for the time being specified in subsection (3);

b

any figure for the time being specified in subsection (3)(a) or (b) or (3A).

za

to any order made under section 109A(3B);

11A

For the purposes of subsection (11) the relevant period is—

a

in a case falling within subsection (1)(a) where the benefit offence, or one of them, is a relevant offence, the period of three years,

b

in a case falling within subsection (1)(a) (but not within paragraph (a) above), the period of 13 weeks, or

c

in a case falling within subsection (1)(b) or (c), the period of four weeks.

14

In this section and section 6 “relevant offence” means—

a

the common law offence of conspiracy to defraud, or

b

a prescribed offence which, in the offender's case, is committed in such circumstances as may be prescribed, and which, on conviction—

i

is found by the court to relate to an overpayment (as defined in section 109A(8) of the Administration Act) of at least £50,000,

ii

is punished by a custodial sentence of at least one year (including a suspended sentence as defined in section 33(1) of the Treatment of Offenders Act (Northern Ireland) 1968), or

iii

is found by the court to have been committed over a period of at least two years.

15

The Department may by order amend subsection (11A)(a), (b) or (c), or (14)(b)(i), (ii) or (iii) to substitute a different period or amount for that for the time being specified there.

1A

The following restrictions do not apply if the benefit offence referred to in subsection (1)(a), or any of them, is a relevant offence.

a

a person (“the offender”) is convicted of one or more benefit offences in a set of proceedings (“the current set of proceedings”),

b

within the period of five years ending on the date on which the benefit offence was, or any of them were, committed, one or more disqualifying events occurred in relation to the offender (the event, or the most recent of them, being referred to in this section as “the earlier disqualifying event”),

c

the current set of proceedings has not been taken into account for the purposes of any previous application of this section or section 7 or 8 in relation to the offender or any person who was then a member of the offender's family,

d

the earlier disqualifying event has not been taken into account as an earlier disqualifying event for the purposes of any previous application of this section or either of those sections in relation to the offender or any person who was then a member of the offender's family, and

e

the offender is a person with respect to whom the conditions for an entitlement to a sanctionable benefit are or become satisfied at any time within the disqualification period,

6A

For the purposes of subsection (6) the relevant period is—

a

in a case where, within the period of five years ending on the date on which the earlier disqualifying event occurred, a previous disqualifying event occurred in relation to the offender, the period of three years;

b

in any other case, 26 weeks.

7A

Subsection (7B) applies where, after the agreement of any person (“P”) to pay a penalty under the appropriate penalty provision is taken into account for the purposes of the application of this section in relation to that person—

a

P's agreement to pay the penalty is withdrawn under subsection (5) of the appropriate penalty provision,

b

it is decided on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 that any overpayment to which the agreement relates is not recoverable or due, or

c

the amount of any overpayment to which the penalty relates is revised on an appeal or in accordance with regulations under the Social Security (Northern Ireland) Order 1998 or the Social Security Act 1998 and there is no new agreement by P to pay a penalty under the appropriate penalty provision in relation to the revised overpayment.

7B

In those circumstances, all such payments and other adjustments shall be made as would be necessary if no restriction had been imposed by or under this section that could not have been imposed if P had not agreed to pay the penalty.

• • “appropriate penalty provision” has the meaning given in section 5B(2)(a);

“disqualifying event” has the meaning given in section 5B(13).

8A

Where a person is convicted of more than one benefit offence in the same set of proceedings, there is to be only one disqualifying event in respect of that set of proceedings for the purposes of this section and—

a

subsection (1)(b) is satisfied if any of the convictions take place in the five year periods mentioned there;

b

the event is taken into account for the purposes of subsection (1)(d) if any of the convictions have been taken into account as mentioned there;

c

in the case of the earlier disqualifying event mentioned in subsection (6A)(a), the reference there to the date on which the earlier disqualifying event occurred is a reference to the date on which any of the convictions take place;

d

in the case of the previous disqualifying event mentioned in subsection (6A)(a), that provision is satisfied if any of the convictions take place in the five year period mentioned there.

11

The Department may by order amend subsection (6A) to substitute different periods for those for the time being specified there.

12

An order under subsection (11) may provide for different periods to apply according to the type of earlier disqualifying event or events occurring in any case.