Part III Overpayments and Adjustments of Benefit
Misrepresentation etc.
69 Overpayments - general.
(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 Department in connection with any such payment has not been recovered,
the Department shall be entitled to recover the amount of any payment which the Department would not have made or any sum which the Department 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 F2in the case of the Department or a tribunal, and may in the case of a Commissioner or a court—
(a)
determine whether any, and if so what, amount is recoverable under that subsection by the Department, 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 a 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 Department 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.
F3(5)
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F4(5A)
Except where regulations otherwise provide, an amount shall not be recoverable F5F6under subsection (1) or under regulations under subsection (4) or under regulations under subsection (4) above unless the determination in pursuance of which it was paid has been reversed or varied on an appeal or F7has been revised under Article 10 or superseded under Article 11 of the Social Security (Northern Ireland) Order 1998.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.
(7)
Circumstances may be prescribed in which a payment on account by virtue of section 5(1)(s) above may be recovered to the extent that it exceeds entitlement.
(8)
Where any amount paid F8... is recoverable under—
(a)
subsection (1) above;
(b)
regulations under subsection (4) or (7) above; or
(c)
section 72 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 F9couple 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.
F10(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.
(10)
Any amount recoverable under the provisions mentioned in subsection (8) above shall, if the county court so orders, be enforceable as if it were payable under an order of that court.
F11(10A)
Where—
(a)
a jobseeker’s allowance is payable to a person from whom any amount is recoverable as mentioned in subsection (8) above; and
(b)
that person is subject to a bankruptcy order,
a sum deducted from that benefit under that subsection shall not be treated as income of his for the purposes of the Insolvency (Northern Ireland) Order 1989.
(11)
This section applies to the following benefits—
F12(za)
state pension or a lump sum under Part 1 of the Pensions Act (Northern Ireland) 2015;
(a)
benefit as defined in section 121 of the Contributions and Benefits Act;
F13(aa)
subject to section 69A below, a jobseeker’s allowance;
F16(ac)
an employment and support allowance;
F17(ad)
personal independence payment;
(b)
F18. . . income support;
F19(c)
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F19(d)
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(e)
any social fund payments such as are mentioned in section 134(1)(a) or (2) of the Contributions and Benefits Act; and
F20(ea)
health in pregnancy grant; and
(f)
child benefit.
F21(12)
In this section, “couple” has the meaning given by section 133(1) of the Contributions and Benefits Act.