Part IIIOverpayments and adjustments of Benefit
Adjustments of benefits
73Overlapping benefits - general
(1)
Regulations may provide for adjusting benefit as defined in section 122 of the Contributions and Benefits Act which is payable to or in respect of any person, or the conditions for its receipt, 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 wife or husband;
(c)
any child or adult dependant of that person; or
(d)
the wife or husband 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.
(4)
Regulations may provide for adjusting benefit as defined in section 122 of the Contributions and Benefits Act 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 wife or husband;
(c)
any child or adult dependant of that person; or
(d)
the wife or husband of any adult dependant of that person.
74Income support and other payments
(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 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 income support 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 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 for that period; and
(c)
the amount of the income support 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 exceed what it is determined that they would have been had A, at the time the amount of the income support 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.