Part IIIN.I. Overpayments and Adjustments of Benefit

Modifications etc. (not altering text)

[F1Recovery of benefit paymentsN.I.

Textual Amendments

F1Ss. 69ZB-69ZH inserted and cross-heading (4.4.2016 for specified purposes, 2.5.2016 for specified purposes, 22.6.2016 otherwise except in relation to universal credit, 27.9.2017 in so far as not already in force) by The Welfare Reform (Northern Ireland) Order 2015 (S.I. 2015/2006), arts. 2(2), 109(1); S.R. 2016/46, art. 4(a); S.R. 2016/215, arts. 2(6)(b), 3(3); S.R. 2017/190, art. 3(1)(2)(e)

69ZDDeduction from earningsN.I.

(1)Regulations may provide for amounts recoverable under section 69ZB 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 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.]