The Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988

Duplication and prescribed payments

8.—(1) For the purposes of Article 28(2) of the Order (recovery of amount of benefit awarded because prescribed payment not made on or before prescribed date), the payment of any of the following is a prescribed payment—

(a) any benefit under the Act other than any gratuity or a widow's payment(1);

(b) any child benefit;

(c) any family credit;

(d) any war disablement pension or war widow's pension(2) which is not in the form of a gratuity and any payment which the Department accepts as analogous to any such pension;

(e) any allowance paid under the Job Release Act 1977(3);

(f) any allowance payable by or on behalf of the Department of Economic Development to or in respect of a person for his maintenance for any period during which he is following a course of training or instruction provided or approved by that Department;

(g) any payment of benefit under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(4), whether or not the benefit has been acquired by virtue of the provisions of that Regulation.

(2) The prescribed date, in relation to any payment of benefit prescribed by paragraph (1) is the date by which receipt of or entitlement to that benefit would have to be notified to the Department if it were to be taken into account in determining, whether on review or otherwise, the amount of or entitlement to income support.

(1)

See section 24 of the Social Security (Northern Ireland) Act 1975 as substituted by Article 37(1) of the Social Security (Northern Ireland) Order 1986 with effect from 11th April 1988

(2)

“War disablement pension” and "war widow's pension" are each defined in Article 2(2) of the Social Security (Northern Ireland) Order 1986

(3)

1977 c. 8

(4)

O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulation (EEC) No. 1660/85 (O.J. No. L160, 20.6.1985), Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986)