The Social Security (Payments on account, Overpayments and Recovery) Regulations 1988

Explanatory Note

(This note is not part of the Regulations)

These Regulations, a draft of which has been laid before and approved by resolution of each House of Parliament, come into force on 11th April 1988 and replace, with amendments, the Social Security (Payments on account, Overpayments and Recovery) Regulations 1987 (S.I. 1987/491) and Part IV of the Supplementary Benefit (Trade Disputes and Recovery from Earnings) Regulations 1980 (S.I. 1980/1641) which cease to have effect.

The main amendments are consequential upon the introduction of family credit and income support. Other amendments—

(1) take account of the change in the assessment of capital for income support (tariff income) in calculating overpayments flowing from a misrepresentation as to claimant’s capital (regulation 14);

(2) relate to the amount of income support which can be deducted in respect of overpayment of benefit (regulation 16(4));

(3) provide that, in the calculation of a claimant’s protected earnings, housing costs are calculated at a fixed rate (regulation 19).

The Regulations contain transitional provisions which enable recovery of supplementary benefit and family income supplement to continue to be made by including those benefits in the definition of “benefit” and provide for continuity of action done or begun under the regulations which are revoked.

The Regulations are made under provisions of the Social Security Act 1986 none of which has yet been in force for 12 months. Accordingly, the Regulations are exempt, by section 61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.