Social Security Administration Act 1992

[F1 Jobseeker's allowance U.K.

Textual Amendments

F1 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 [F2 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,

[F2 the Secretary of State] may determine that [F2 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

F2 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.

F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 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)