Social Security Administration Act 1992

Part III U.K. Overpayments and adjustments of Benefit

Modifications etc. (not altering text)

C1 Pt. III restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46

C2 Pt. III excluded (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 68, 89(4)(a)

Misrepresentation etc U.K.

71 Overpayments—general U.K.

(1) Where it is determined that, whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact and in consequence of the misrepresentation or failure—

(a) a payment has been made in respect of a benefit to which this section applies; or

(b) any sum recoverable by or on behalf of the Secretary of State in connection with any such payment has not been recovered,

the Secretary of State shall be entitled to recover the amount of any payment which he would not have made or any sum which he would have received but for the misrepresentation or failure to disclose.

[F1 (2) Where any such determination as is referred to in subsection (1) above is made, the person making the determination shall [F2 in the case of the Secretary of State or [F3 the First-tier Tribunal], and may in the case of [F4 the Upper Tribunal] or a court]—

(a) determine whether any, and if so what, amount is recoverable under that subsection by the Secretary of State, and

(b) specify the period during which that amount was paid to the person concerned.]

(3) An amount recoverable under subsection (1) above is in all cases recoverable from the person who misrepresented the fact or failed to disclose it.

(4) In relation to cases where payments of benefit to which this section applies have been credited to a bank account or other account under arrangements made with the agreement of the beneficiary or a person acting for him, circumstances may be prescribed in which the Secretary of State is to be entitled to recover any amount paid in excess of entitlement; but any such regulations shall not apply in relation to any payment unless before he agreed to the arrangements such notice of the effect of the regulations as may be prescribed was given in such manner as may be prescribed to the beneficiary or to a person acting for him.

F5 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F6 (5A) Except where regulations otherwise provide, an amount shall not be recoverable [F7 under subsection (1) or under regulations under subsection (4)] unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or [F8 has been revised under section 9 or superseded under section 10 of the Social Security Act 1998].]

(6) Regulations may provide—

(a) that amounts recoverable under subsection (1) above or regulations under subsection (4) above shall be calculated or estimated in such manner and on such basis as may be prescribed;

(b) for treating any amount paid to any 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 any arrears payable by virtue of the subsequent determination;

(c) 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 himself 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 for reducing or withholding any arrears payable for that period by virtue of the subsequent determination.

F9 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) Where any amount paid F10 ... is recoverable under—

(a) subsection (1) above;

(b) regulations under subsection (4) F11 ... above; or

(c) section 74 below,

it may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(9) Where any amount paid in respect of a [F12 couple] is recoverable as mentioned in subsection (8) above, it may, without prejudice to any other method of recovery, be recovered, in such circumstances as may be prescribed, by deduction from prescribed benefits payable to either of them.

[F13 (9A) Regulations may provide for amounts recoverable under the provisions mentioned in subsection (8) above to be recovered by deductions from earnings.

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

(9C) Regulations under subsection (9A) above 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 Secretary of State;

(b) requiring the employer, on being served with a notice by the Secretary of State, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State;

(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 Secretary of State;

(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 Secretary of State 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 enactment relating to England and Wales which requires deduction from the beneficiary's earnings;

(iii) any diligence against earnings.]

(10) Any amount recoverable under the provisions mentioned in subsection (8) above—

(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, shall be recoverable [F14 under section 85 of the County Courts Act 1984] or otherwise as if it were payable under an order of that court; and

(b) if he resides in Scotland, shall be enforced in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

F15 (10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F15 (10B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) This section applies to the following benefits—

(a) benefits as defined in section 122 of the Contributions and Benefits Act;

[F16 (aa) [F17 subject to section 71A below, a jobseeker’s allowance;]]

[F18 (ab) state pension credit;]

[F19 (ac) [F20 an employment and support allowance;]]

[F21 (ad) personal independence payment;]

(b) F22 ... , income support;

F23 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any social fund payments such as are mentioned in section 138(1)(a) or (2) of the Contributions and Benefits Act; and

[F24 (ea) health in pregnancy grant; and]

(f) child benefit.

[F25 (12) In this section, “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.]

Textual Amendments

F1 S. 71(2) substituted (with effect where a determination under s. 71(1) made after 24.7.1996) by Social Security (Overpayments) Act 1996 (c. 51), s. 1(2) (with s. 1(5))

F2 Words in s. 71(2) inserted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 81; S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F3 Words in s. 71(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 103(a)

F4 Words in s. 71(2) substituted (3.11.2008) by The Transfer of Tribunal Functions Order 2008 (S.I. 2008/2833), art. 1(1), Sch. 3 para. 103(b)

F5 S. 71(5) repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 44(2), 70(1), Sch. 8

F6 S. 71(5A) inserted (with effect where a determination under s. 71(1) made after 24.7.1996) by Social Security (Overpayments) Act 1996 (c. 51), s. 1(4) (with s. 1(5))

F7 Words in s. 71(5A) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), ss. 44(3), 70(1)

F8 Words in s. 71(5A) substituted (5.7.1999 for specified purposes, 6.9.1999 for specified purposes, 5.10.1999 for specified purposes, 18.10.1999 for specified purposes, 29.11.1999 for specified purposes) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 81; S.I. 1999/1958, art. 2(1)(b), Sch. 1; S.I. 1999/2422, art. 2(c), Sch. 1; S.I. 1999/2739, art. 2, Sch. 1; S.I. 1999/2860, art. 2(c), Sch. 1; S.I. 1999/3178, art. 2(1)(a), Sch. 1

F9 S. 71(7) repealed (1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 11; S.I. 2013/358, art. 4

F10 Words in s. 71(8) repealed (8.5.2012) by Welfare Reform Act 2012 (c. 5), ss. 107(1), 150(2)(d)

F11 Words in s. 71(8) repealed (1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 11; S.I. 2013/358, art. 4

F12 Words in s. 71(9) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 58(2); S.I. 2005/3175, art. 2(1), Sch. 1

F13 S. 71(9A)-(9C) inserted (1.7.2012) by Welfare Reform Act 2012 (c. 5), ss. 106(1), 150(3); S.I. 2012/1246, art. 2(4)(c)

F14 Words in s. 71(10)(a) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 102 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F15 S. 71(10A)(10B) repealed (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 11; S.I. 2013/358, art. 5(4)

F16 S. 71(11)(aa) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 48; S.I. 1996/2208, art. 2(b)

F17 S. 71(11)(aa) repealed (29.4.2013) (with savings for "old style JSA awards") by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 11; S.I. 2013/358, art. 5(4) (with art. 5(6)(7)) (as amended (24.4.2013) by S.I. 2013/983, art. 23)

F18 S. 71(11)(ab) inserted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 10; S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F19 S. 71(11)(ac) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(6); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F20 S. 71(11)(ac) repealed (29.4.2013) (with savings for "old style ESA awards") by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 11; S.I. 2013/358, art. 5(4) (with art. 5(6)(7)) (as amended (24.4.2013) by S.I. 2013/983, art. 23)

F21 S. 71(11)(ad) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 10; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

F22 Words in s. 71(11)(b) omitted (7.10.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

F23 S. 71(11)(c)(d) repealed (8.4.2003) by Tax Credits Act 2002 (c. 21), s. 61, Sch. 6; S.I. 2003/962, art. 2(4)(e), Sch. 2 (with art. 3)

F24 S. 71(11)(ea) inserted (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(4), 170; S.I. 2008/3137, art. 2

F25 S. 71(12) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 58(3); S.I. 2005/3175, art. 2(1), Sch. 1

Modifications etc. (not altering text)

C3 S. 71 excluded by Social Security (Recovery of Benefits) Act 1997 (c. 27), ss. 20(3), 34(2); S.I. 1997/2085, art. 2(2)

C4 S. 71 applied (1.9.2005) by The Age-Related Payments Regulations 2005 (S.I. 2005/1983), regs. 1(1), 9

C5 S. 71 modified (21.7.2008 for specified purposes, 1.1.2009 in so far as not already in force) by Health and Social Care Act 2008 (c. 14), ss. 132(5), 170; S.I. 2008/3137, art. 2

[F26 71ZA Overpayments out of social fund U.K.

(1) Subject to subsection (2) below, section 71 above shall apply in relation to social fund payments to which this section applies as it applies in relation to payments made in respect of benefits to which that section applies.

(2) Section 71 above as it so applies shall have effect as if—

(a) in F27 ... subsection (5A), for the words “reversed or varied on an appeal or has been revised under section 9 or superseded under section 10” there were substituted the words “revised on a review under section 38”;

F28 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) subsections (7), (10A) and (10B) were omitted.

[F29 (2A) Subsection (9A) of section 71 above 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.]

(3) This section applies to social fund payments such as are mentioned in section 138(1)(b) of the Contributions and Benefits Act.]

Textual Amendments

F26 S. 71ZA inserted (5.10.1998) by the Social Security Act 1998 (c. 14), ss. 75(1), 87(2) (with s. 75(2), Sch. 6 para. 8); S.I. 1998/2209, art. 2(e)

F27 Words in s. 71ZA(2)(a) repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8

F28 S. 71ZA(2)(b) repealed (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8

F29 S. 71ZA(2A) inserted (1.7.2012) by Welfare Reform Act 2012 (c. 5), ss. 106(2), 150(3); S.I. 2012/1246, art. 2(4)(c)

[F30 Recovery of benefit payments U.K.

Textual Amendments

F30 Ss. 71ZB-71ZH and cross-heading inserted (1.7.2012 for specified purposes, 1.10.2012 for specified purposes, 29.4.2013 in so far as not already in force, except for s 71ZB(1)(d) and the word “and” immediately preceding it, and, in respect of s. 71ZB(1)(b)(c) only in so far as those paragraphs relate respectively to a new style JSA award and a new style ESA award) by Welfare Reform Act 2012 (c. 5), ss. 105(1), 150(3); S.I. 2012/1246, art. 2(4)(a)(b)(5)(a); S.I. 2013/358, art. 5(2)(3)(a) (with art. 5(3A)(7)) (as amended by S.I. 2013/983, art. 23)

71ZB Recovery of overpayments of certain benefits U.K.

(1) The Secretary of State 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 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 section 9 or section 10 of the Social Security Act 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 71ZC);

(b) by deduction from earnings (section 71ZD);

(c) through the courts etc (section 71ZE);

(d) by adjustment of benefit (section 71ZF).

Modifications etc. (not altering text)

C6 S. 71ZB(3) excluded (29.4.2013) by The Social Security (Overpayments and Recovery) Regulations 2013 (S.I. 2013/384), regs. 1(3), 5

71ZC Deduction from benefit U.K.

(1) An amount recoverable from a person under section 71ZB may be recovered by deducting the amount from payments of prescribed benefit.

(2) Where an amount recoverable from a person under section 71ZB 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.

71ZD Deduction from earnings U.K.

(1) Regulations may provide for amounts recoverable under section 71ZB 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 Secretary of State;

(b) requiring the employer, on being served with a notice by the Secretary of State, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State;

(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 Secretary of State;

(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 Secretary of State 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 enactment relating to England and Wales which requires deduction from the beneficiary's earnings;

(iii) any diligence against earnings.

71ZE Court action etc U.K.

(1) Where an amount is recoverable under section 71ZB from a person residing in England and Wales, the amount is, if [F31 the county court] so orders, recoverable—

(a) under section 85 of the County Courts Act 1984, or

(b) otherwise as if it were payable under an order of the court.

(2) Where an amount is recoverable under section 71ZB from a person residing in Scotland, the amount recoverable may be enforced as if it were payable under an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.

(3) Any costs of the Secretary of State in recovering an amount of benefit under this section may be recovered by him as if they were amounts recoverable under section 71ZB.

(4) In any period after the coming into force of this section and before the coming into force of section 62 of the Tribunals, Courts and Enforcement Act 2007, subsection (1)(a) has effect as if it read “by execution issued from the county court”.

Textual Amendments

F31 Words in s. 71ZE(1) substituted (22.4.2014) by Crime and Courts Act 2013 (c. 22), s. 61(3), Sch. 9 para. 52; S.I. 2014/954, art. 2(c) (with art. 3) (with transitional provisions and savings in S.I. 2014/956, arts. 3-11)

71ZF Adjustment of benefit U.K.

Regulations may for the purpose of the recovery of amounts recoverable under section 71ZB 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.

71ZG Recovery of payments on account U.K.

(1) The Secretary of State may recover any amount paid under section 5(1)(r) (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 71ZC, 71ZD and 71ZE apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.

71ZH Recovery of hardship payments etc U.K.

(1) The Secretary of State may recover any amount paid by way of—

(a) a payment under section 28 of the Welfare Reform Act 2012 (universal credit hardship payments) which is recoverable under that section,

(b) [F32 a payment under section 19C of the Jobseekers Act 1995 (jobseeker's allowance hardship payments) which is recoverable under that section,]

(c) a payment of a jobseeker's allowance under paragraph 8 or 8A of Schedule 1 to that Act (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 6B(5A)(d) or (7)(d), 7(2A)(d) or (4)(d), 8(3)(aa), (4)(d) or 9(2A)(d) or (4)(d) of the Social Security Fraud Act 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 71ZC to 71ZF apply in relation to amounts recoverable under this section as to amounts recoverable under section 71ZB.]

Textual Amendments

F32 S. 71ZH(1)(b) repealed (with effect in relation to specified cases in accordance with S.I. 2013/983, art. 7) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 4; S.I. 2013/983, art. 7(1)(e) (with art. 7(2)) (as amended by S.I. 2013/1511, art. 6)

[F33 Jobseeker's allowance U.K.

Textual Amendments

F33 S. 71A and cross-heading inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), ss. 18, 41(2); S.I. 1996/2208, art. 2(b)

71A Recovery of jobseeker's allowance: severe hardship cases U.K.

(1) Where—

(a) a severe hardship direction is revoked; and

(b) it is determined by [F34 the Secretary of State] that—

(i) whether fraudulently or otherwise, any person has misrepresented, or failed to disclose, any material fact; and

(ii) in consequence of the failure or misrepresentation, payment of a jobseeker's allowance has been made during the relevant period to the person to whom the direction related,

[F34 the Secretary of State] may determine that [F34 he] is entitled to recover the amount of the payment.

(2) In this section—

• “severe hardship direction” means a direction given under section 16 of the Jobseekers Act 1995; and

• “the relevant period” means—

  (a)

  if the revocation is under section 16(3)(a) of that Act, the period beginning with the date of the change of circumstances and ending with the date of the revocation; and

  (b)

  if the revocation is under section 16(3)(b) or (c) of that Act, the period during which the direction was in force.

(3) Where a severe hardship direction is revoked, the Secretary of State may certify whether there has been misrepresentation of a material fact or failure to disclose a material fact.

(4) If the Secretary of State certifies that there has been such misrepresentation or failure to disclose, he may certify—

(a) who made the misrepresentation or failed to make the disclosure; and

(b) whether or not a payment of jobseeker's allowance has been made in consequence of the misrepresentation or failure.

(5) If the Secretary of State certifies that a payment has been made, he may certify the period during which a jobseeker's allowance would not have been paid but for the misrepresentation or failure to disclose.

(6) A certificate under this section shall be conclusive as to any matter certified.

(7) Subsections (3) and (6) to (10) of section 71 above apply to a jobseeker's allowance recoverable under subsection (1) above as they apply to a jobseeker's allowance recoverable under section 71(1) above.

(8) The other provisions of section 71 above do not apply to a jobseeker's allowance recoverable under subsection (1) above.]

Textual Amendments

F34 Words in s. 71A(1) substituted (18.10.1999) by Social Security Act 1998 (c. 14), s. 87(2), Sch. 7 para. 82; S.I. 1999/2860, art. 2(c), Sch. 1

72 Special provision as to recovery of income support U.K.

F35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F35 S. 72 repealed (7.10.1996) by the Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 3; S.I. 1996/2208, art. 2(b)

Adjustments of benefits U.K.

73 Overlapping benefits—general U.K.

(1) Regulations may provide for adjusting benefit as defined in section 122 of the Contributions and Benefits Act[F36 , or a contribution-based jobseeker's allowance,] [F37 or a contributory employment and support allowance] which is payable to or in respect of any person, or the conditions for [F38 receipt of that benefit], where—

(a) there is payable in his case any such pension or allowance as is described in subsection (2) below; or

(b) the person is, or is treated under the regulations as, undergoing medical or other treatment as an in-patient in a hospital or similar institution.

(2) Subsection (1)(a) above applies to any pension, allowance or benefit payable out of public funds (including any other benefit as so defined, whether it is of the same or a different description) which is payable to or in respect of—

(a) the person referred to in subsection (1);

(b) that person's [F39 wife, husband or civil partner];

(c) any F40 ... dependant of that person; or

(d) the [F41 wife, husband or civil partner] of any adult dependant of that person.

(3) Where but for regulations made by virtue of subsection (1)(a) above two persons would both be entitled to an increase of benefit in respect of a third person, regulations may make provision as to their priority.

[F42 (4) Regulations may provide for adjusting

(a) benefit as defined in section 122 of the Contributions and Benefits Act; F43 ...

(b) a contribution-based jobseeker's allowance, [F44 or

(c) a contributory employment and support allowance,]

payable to or in respect of any person where there is payable in his case any such benefit as is described in subsection (5) below.]

(5) Subsection (4) above applies to any benefit payable under the legislation of any member State other than the United Kingdom which is payable to or in respect of—

(a) the person referred to in that subsection;

(b) that person's [F45 wife, husband or civil partner];

(c) any F46 ... dependant of that person; or

(d) the [F47 wife, husband or civil partner] of any adult dependant of that person.

[F48 (6) Personal independence payment is to be treated for the purposes of this section as if it were benefit as defined in section 122 of the Contributions and Benefits Act.]

Textual Amendments

F36 Word in s. 73(1) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(2)(a); S.I. 1996/1509, art. 2, Sch.

F37 Words in s. 73(1) inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(7)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F38 Words in s. 73(1) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(2)(b); S.I. 1996/1509, art. 2, Sch.

F39 Words in s. 73(2)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F40 Words in s. 73(2)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 21

F41 Words in s. 73(2)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F42 S. 73(4) substituted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 49(3); S.I. 1996/1509, art. 2, Sch.

F43 Word in s. 73(4)(a) repealed (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2008/787, art. 2(4)(g)

F44 S. 73(4)(c) and preceding word inserted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(7)(b); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F45 Words in s. 73(5)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F46 Words in s. 73(5)(c) repealed (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 21

F47 Words in s. 73(5)(d) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 59; S.I. 2005/3175, art. 2(1), Sch. 1

F48 S. 73(6) inserted (8.4.2013 for specified purposes, 10.6.2013 in so far as not already in force) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 9 para. 11; S.I. 2013/358, art. 7(1)(2)(k), Sch. 3; S.I. 2013/1250, art. 2

74 Income support and other payments U.K.

(1) Where—

(a) a payment by way of prescribed income is made after the date which is the prescribed date in relation to the payment; and

(b) it is determined that an amount which has been paid by way of income support[F49 , an income-based jobseeker’s allowance[F50 , state pension credit or an income-related employment and support allowance]] would not have been paid if the payment had been made on the prescribed date,

the Secretary of State shall be entitled to recover that amount from the person to whom it was paid.

(2) Where—

(a) a prescribed payment which apart from this subsection falls to be made from public funds in the United Kingdom or under the law of any other member State is not made on or before the date which is the prescribed date in relation to the payment; and

(b) it is determined that an amount (“the relevant amount”) has been paid by way of [F51 universal credit or] income support[F52 , an income-based jobseeker’s allowance[F53 , state pension credit or an income-related employment and support allowance]] that would not have been paid if the payment mentioned in paragraph (a) above had been made on the prescribed date,

then—

(i)

in the case of a payment from public funds in the United Kingdom, the authority responsible for making it may abate it by the relevant amount; and

(ii)

in the case of any other payment, the Secretary of State shall be entitled to receive the relevant amount out of the payment.

(3) Where—

(a) a person (in this subsection referred to as A) is entitled to any prescribed benefit for any period in respect of another person (in this subsection referred to as B); and

(b) either—

(i) B has received income support[F54 , an income-based jobseeker's allowance or an income-related employment and support allowance] for that period; or

(ii) B was, during that period, a member of the same family as some person other than A who received income support[F54 , an income-based jobseeker's allowance or an income-related employment and support allowance] for that period; and

(c) the amount of the income support[F54 , an income-based jobseeker's allowance or an income-related employment and support allowance] has been determined on the basis that A has not made payments for the maintenance of B at a rate equal to or exceeding the amount of the prescribed benefit,

the amount of the prescribed benefit may, at the discretion of the authority administering it, be abated by the amount by which the amounts paid by way of income support[F54 , an income-based jobseeker's allowance or an income-related employment and support allowance] exceed what it is determined that they would have been had A, at the time the amount of income support[F54 , an income-based jobseeker's allowance or an income-related employment and support allowance] was determined, been making payments for the maintenance of B at a rate equal to the amount of the prescribed benefit.

(4) Where an amount could have been recovered by abatement by virtue of subsection (2) or (3) above but has not been so recovered, the Secretary of State may recover it otherwise than by way of abatement—

(a) in the case of an amount which could have been recovered by virtue of subsection (2) above, from the person to whom it was paid; and

(b) in the case of an amount which could have been recovered by virtue of subsection (3) above, from the person to whom the prescribed benefit in question was paid.

(5) Where a payment is made in a currency other than sterling, its value in sterling shall be determined for the purposes of this section in accordance with regulations.

Textual Amendments

F49 Words in s. 74(1)(b) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 11(2); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F50 Words in s. 74(1)(b) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(8)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F51 Words in s. 74(2)(b) inserted (25.2.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 7; S.I. 2013/358, art. 5(1)

F52 Words in s. 74(2)(b) substituted (2.7.2002 for specified purposes, 6.10.2003 in so far as not already in force) by State Pension Credit Act 2002 (c. 16), s. 22(3), Sch. 2 para. 11(3); S.I. 2002/1691, art. 2(l); S.I. 2003/1766, art. 2(a)

F53 Words in s. 74(2)(b) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(8)(a); S.I. 2008/787, art. 2(1)(4)(f), Sch.

F54 Words in s. 74(3)(b) substituted (18.3.2008 for specified purposes, 27.10.2008 in so far as not already in force) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(8)(b); S.I. 2008/787, art. 2(1)(4)(f), Sch.

[F55 74A Payment of benefit where maintenance payments collected by Secretary of State U.K.

(1) This section applies where—

(a) a person (“the claimant”) is entitled to a benefit to which this section applies;

(b) the Secretary of State is collecting periodical payments of child or spouse maintenance made in respect of the claimant or a member of the claimant's family; and

(c) the inclusion of any such periodical payment in the claimant's relevant income would, apart from this section, have the effect of reducing the amount of the benefit to which the claimant is entitled.

(2) The Secretary of State may, to such extent as he considers appropriate, treat any such periodical payments as not being relevant income for the purposes of calculating the amount of benefit to which the claimant is entitled.

(3) The Secretary of State may, to the extent that any periodical payment collected by him is treated as not being relevant income for those purposes retain the whole or any part of that payment.

(4) Any sum retained by the Secretary of State under subsection (3) shall be paid by him into the Consolidated Fund.

(5) In this section—

• “child” means a person under the age of 16;

• “child maintenance”, “spouse maintenance” and “relevant income” have such meaning as may be prescribed;

• [F56 “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act;]

• “family” means—

  (a)

  a [F57 couple];

  (b)

  a [F57 couple] and a member of the same household for whom one of them is, or both are, responsible and who is a child or a person of a prescribed description;

  (c)

  except in prescribed circumstances, a person who is not a member of a [F57 couple] and a member of the same household for whom that person is responsible and who is a child or a person of a prescribed description;

• F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F58 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) For the purposes of this section, the Secretary of State may by regulations make provision as to the circumstances in which—

(a) persons are to be treated as being or not being members of the same household;

(b) one person is to be treated as responsible or not responsible for another.

(7) The benefits to which this section applies are [F59 universal credit,] income support, an income-based jobseeker's allowance[F60 , an income-related employment and support allowance] and such other benefits (if any) as may be prescribed.]

Textual Amendments

F55 S. 74A inserted (1.10.1995) by Child Support Act 1995 (c. 34), ss. 25, 30(4); S.I. 1995/2302, art. 2(b), Sch. Pt. II

F56 Words in s. 74A(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 60(a); S.I. 2005/3175, art. 2(1), Sch. 1

F57 Words in s. 74A(5) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 60(b); S.I. 2005/3175, art. 2(1), Sch. 1

F58 Words in s. 74A(5) repealed (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 60(c), Sch. 30; S.I. 2005/3175, art. 2(1)(6), Sch. 1

F59 Words in s. 74A(7) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 8; S.I. 2013/983, art. 3(1)(b)(ii)

F60 Words in s. 74A(7) inserted (27.10.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 3 para. 10(9); S.I. 2008/787, art. 2(4)(f)

Housing benefit U.K.

75 Overpayments of housing benefit U.K.

(1) Except where regulations otherwise provide, any amount of housing benefit [F61 determined in accordance with regulations to have been] paid in excess of entitlement may be recovered F62 ... either by the Secretary of State or by the authority which paid the benefit.

(2) Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.

[F63 (3) An amount recoverable under this section shall be recoverable—

(a) except in such circumstances as may be prescribed, from the person to whom it was paid; and

(b) where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.]

(4) Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

[F64 (5) Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—

(a) from prescribed benefits to which he is entitled;

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

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

(6) Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.

(7) Where any amount recovered under this section is to be recovered otherwise than by deduction from prescribed benefits—

(a) if the person from whom it is recoverable resides in England and Wales and the county court so orders, it is recoverable [F65 under section 85 of the County Courts Act 1984] or otherwise as if it were payable under an order of that court; and

(b) if he resides in Scotland, it may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.]

[F66 (8) Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.

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

(10) Regulations under subsection (8) above 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 Secretary of State or the authority which paid the benefit;

(b) requiring the employer, on being served with a notice by the Secretary of State or the authority which paid the benefit, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State or that authority;

(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 Secretary of State or the authority which paid the benefit;

(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 Secretary of State or the authority which paid the benefit 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 enactment relating to England and Wales which requires deduction from the beneficiary's earnings;

(iii) any diligence against earnings.]

Textual Amendments

F61 Words in s. 75(1) substituted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 3; S.I. 1997/1577, art. 2, Sch.

F62 Words in s. 75(1) repealed (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 2; S.I. 1997/1577, art. 2, Sch.

F63 S. 75(3) substituted (1.11.2000 for specified purposes, 1.10.2001 for all other purposes) by the Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 71, 86; S.I. 2000/2950, art. 3(b); S.I. 2001/2295, art. 2(d)

F64 s. 75(5)-(7) inserted (8.10.1997 for specified purposes, 3.11.1997 for all other purposes) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 16, 25(1); S.I. 1997/2417, art. 2(2)

F65 Words in s. 75(7)(a) substituted (6.4.2014) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 13 para. 103 (with s. 89); S.I. 2014/768, art. 2(1)(b)

F66 S. 75(8)-(10) inserted (1.7.2012) by Welfare Reform Act 2012 (c. 5), ss. 106(3), 150(3); S.I. 2012/1246, art. 2(4)(c)

Modifications etc. (not altering text)

C7 S. 75 modified (1.4.1995) by The Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 (S.I. 1995/531), regs. 1, 3

Community charge benefits X1 U.K.

Editorial Information

X1 Unreliable heading

76 Excess benefits U.K.

(1) Regulations may make provision as to any case where a [F67 billing authority] or a [F68 local authority in Scotland] has allowed [F67 council tax benefit] to a person and the amount allowed exceeds the amount to which he is entitled in respect of the benefit.

(2) F69 ... the regulations may provide that—

(a) a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b) any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (3) below as is prescribed as regards the case concerned, or by such combination of two or all three of the methods ar is prescribed as regards the case concerned.

(3) The methods are—

(a) payment by the person concerned;

(b) addition to any amount payable in respect of [F70 council tax];

(c) deduction from prescribed benefits.

F71 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F71 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In a case where the regulations provide that a sum or part of a sum is to be paid, and the sum or part is not paid on or before such day as may be prescribed, the regulations may provide that the sum or part shall be recoverable in a court of competent jurisdiction.

F71 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) The regulations may provide that they are not to apply as regards any case falling within a prescribed category.

Textual Amendments

F67 Words in s. 76(1) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 15(1)

F68 Words in s. 76(1) substituted (1.4.1996) by Local Government etc. (Scotland) Act 1994 (c. 39), s. 184(2), Sch. 13 para. 175(3); S.I. 1996/323, art. 4(c)

F69 Words in s. 76(2) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 15(2), Sch. 14

F70 Words in s. 76(3)(b) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para 15(3)

F71 S. 76(4)(5)(7) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 15(4), Sch. 14

Modifications etc. (not altering text)

C8 S. 76 modified (1.4.1995) by The Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 (S.I. 1995/531), regs. 1, 3

77 Shortfall in benefits U.K.

(1) Regulations may make provision as to any case where a [F72 billing authority] or a [F73 local authority in Scotland] has allowed [F72 council tax benefit] to a person and the amount allowed is less than the amount to which he is entitled in respect of the benefit.

F74 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F74 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72 Words in s. 77(1) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 16(1)

F73 Words in s. 77(1) substituted (1.4.1996) by Local Government etc. (Scotland) Act 1994 (c. 39), s. 814(2), Sch. 13 para. 175(3); S.I. 1996/323, art. 4(c)

F74 S. 77(2)(3) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 16(2), Sch. 14

Social fund awards U.K.

78 Recovery of social fund awards U.K.

(1) A social fund award which is repayable shall be recoverable by the Secretary of State.

(2) Without prejudice to any other method of recovery, the Secretary of State may recover an award by deduction from prescribed benefits.

(3) The Secretary of State may recover an award—

(a) from the person to or for the benefit of whom it was made;

(b) where that person is a member of a [F75 couple], from the other member of the couple;

(c) from a person who is liable to maintain the person by or on behalf of whom the application for the award was made or any person in relation to whose needs the award was made.

[F76 (3A) Where—

(a) a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) that person is subject to a bankruptcy order,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the M1 Insolvency Act 1986.

(3B) Where—

(a) a jobseeker's allowance is payable to a person from whom an award is recoverable under subsection (3) above; and

(b) the estate of that person is sequestrated,

a sum deducted from that benefit under subsection (2) above shall not be treated as income of his for the purposes of the Bankruptcy (Scotland) Act 1985.]

[F77 (3C) Regulations may provide for amounts recoverable under subsection (1) above from a person specified in subsection (3) above to be recovered by deductions from earnings.

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

(3E) Regulations under subsection (3C) above may include provision referred to in section 71(9C) above.]

(4) Payments [F78 out of the social fund] to meet funeral expenses may in all cases be recovered, as if they were funeral expenses, out of the estate of the deceased, and (subject to section 71 above) by no other means.

[F79 (5) In this section “couple” has the meaning given by section 137(1) of the Contributions and Benefits Act.]

(6) For the purposes of this section—

(a) a man shall be liable to maintain his wife [F80 or civil partner] and any children of whom he is the father;

(b) a woman shall be liable to maintain her husband [F81 or civil partner] and any children of whom she is the mother;

(c) a person shall be liable to maintain another person throughout any period in respect of which the first-mentioned person has, on or after 23rd May 1980 (the date of the passing of the M2 Social Security Act 1980) and either alone or jointly with a further person, given an undertaking in writing in pursuance of immigration rules within the meaning of the M3 Immigration Act 1971 to be responsible for the maintenance and accommodation of the other person; and

(d) “child” includes a person who has attained the age of 16 but not the age of 19 and in respect of whom either parent, or some person acting in the place of either parent, is receiving [F82 universal credit,] income support [F83 or an income-based jobseeker's allowance].

(7) Any reference in subsection (6) above to children of whom the man or the woman is the father or the mother shall be construed in accordance with section 1 of the M4 Family Law Reform Act 1987.

(8) Subsection (7) above does not apply in Scotland, and in the application of subsection (6) above to Scotland any reference to children of whom the man or the woman is the father or the mother shall be construed as a reference to any such children whether or not their parents have ever been married to one another.

(9) A document bearing a certificate which—

(a) is signed by a person authorised in that behalf by the Secretary of State; and

(b) states that the document apart from the certificate is, or is a copy of such an undertaking as is mentioned in subsection (6)(c) above, shall be conclusive of the undertaking in question for the purposes of this section; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.

Textual Amendments

F75 Words in s. 78(3)(b) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(2); S.I. 2005/3175, art. 2(1), Sch. 1

F76 S. 78(3A)(3B) inserted (7.10.1996) by Jobseekers Act 1995 (c. 18), ss. 32(2), 41(2); S.I. 1996/2208, art. 2(b)

F77 S. 78(3C)-(3E) inserted (1.7.2012) by Welfare Reform Act 2012 (c. 5), ss. 106(4), 150(3); S.I. 2012/1246, art. 2(4)(c)

F78 Words in s. 78(4) inserted (1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 8 para. 2; S.I. 2012/3090, art. 2(1)(c)

F79 S. 78(5) substituted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(3); S.I. 2005/3175, art. 2(1), Sch. 1

F80 Words in s. 78(6)(a) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(4)(a); S.I. 2005/3175, art. 2(1), Sch. 1

F81 Words in s. 78(6)(b) inserted (5.12.2005) by Civil Partnership Act 2004 (c. 33), s. 263(8)(d), Sch. 24 para. 61(4)(b); S.I. 2005/3175, art. 2(1), Sch. 1

F82 Words in s. 78(6)(d) inserted (29.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 2 para. 9; S.I. 2013/358, art. 5(2)(5)

F83 Words in s. 78(6)(d) inserted (11.6.1996) by Jobseekers Act 1995 (c. 18), s. 41(2), Sch. 2 para. 51; S.I. 1996/1509, art. 2, Sch.

Marginal Citations

M1 1986 c.45

M2 1980 c.30.

M3 1971 c.77.

M4 1987 c. 42.

Northern Ireland payments U.K.

79 Recovery of Northern Ireland payments U.K.

Without prejudice to any other method of recovery—

(a) amounts recoverable under any enactment or instrument having effect in Northern Ireland and corresponding to an enactment or instrument mentioned in section 71(8) above shall be recoverable by deduction from benefits prescribed under that subsection;

(b) amounts recoverable under any enactment having effect in Northern Ireland and corresponding to section 75 above shall be recoverable by deduction from benefits prescribed under subsection (4) of that section; and

(c) awards recoverable under Part III of the Northern Ireland Administration Act shall be recoverable by deduction from benefits prescribed [F84 under section 71(8)].

Textual Amendments

F84 Words in s. 79(c) substituted (1.4.2013) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 8 para. 3; S.I. 2012/3090, art. 2(1)(c)

Adjustment of child benefit U.K.

80 Child benefit—overlap with benefits under legislation of other member States U.K.

Regulations may provide for adjusting child benefit payable in respect of any child [F85 or qualifying young person] in respect of whom any benefit is payable under the legislation of any member State other than the United Kingdom.

Textual Amendments

F85 Words in s. 80 inserted (10.4.2006) by Child Benefit Act 2005 (c. 6), s. 6(2), Sch. 1 para. 22