PART IVPREVENTION OF DUPLICATION OF PAYMENTS
Duplication and prescribed income
7.—(1) For the purposes of section 27(1) of the Act (recovery of amount of benefit awarded because prescribed income not paid on prescribed date), a person’s prescribed income is income required to be taken into acount in accordance with Part V of the Income Support Regulations.
(2) The prescribed date in relation to any payment of income prescribed by paragraph (1) is—
(a)where it is made in respect of a specific day or period, that day or the first day of the period;
(b)where it is not so made, the day or the first day of the period to which it is fairly attributable.
Duplication and prescribed payments
8.—(1) For the purposes of section 27(2) of the Act (recovery of amount of benefit awarded because prescribed payment not made on prescribed date), the payment of any of the following is a prescribed payment—
(a)any benefit under the Social Security Act 1975(1) other than any gratuity or a widow’s payment(2);
(b)any child benefit;
(c)any family credit;
(d)any war disablement pension or war widow’s pension(3) which is not in the form of a gratuity and any payment which the Secretary of State accepts as analogous to any such pension;
(e)any allowance paid under the Job Release Act 1977(4);
(f)any allowance payable by or on behalf of the Manpower Services Commission to or in respect of a person for his maintenance for any period during which he is following a course of training or instruction provided or approved by that Commission;
(g)any payment of benefit under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community(5), whether or not the benefit has been acquired by virtue of the provisions of that Regulation.
(2) The prescribed date, in relation to any payment prescribed by paragraph (1) is the date by which receipt of or entitlement to that benefit would have to be notified to the Secretary of State if it were to be taken into account in determining, whether on review or otherwise, the amount of or entitlement to income support.
Duplication and maintenance payments
9. For the purposes of section 27(3) of the Act (recovery of amount of benefit awarded because maintenance payments not made), the following benefits are prescribed—
(a)child benefit;
(b)increases for dependants of any benefit under the Social Security Act 1975;
(c)child’s special allowance under section 31 of the Social Security Act 1975(6); and
(d)guardian’s allowance.
Conversion of payments made in a foreign currency
10. Where a payment of income prescribed by regulation 7(1), or a payment prescribed by regulation 8(1), is made in a currency other than sterling, its value in sterling, for the purposes of section 27 of the Act and this Part, shall be determined, after conversion by the Bank of England, or by any bank which is a recognised bank for the purposes of the Banking Act 1979(7), as the net sterling sum into which it is converted, after any banking charge or commission on the transaction has been deducted.
Section 24 of the Social Security Act 1975 inserted by section 36 of the Act.
“War disablement pension” and “war widow’s pension” are each defined in section 84(1) of the Social Security Act 1986 (c. 50).
O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulation (EEC) No. 1660/85 (O.J. No. L160, 20.6.1985), Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L57, 28.2.1986).
1975 c. 14; child’s special allowance is abolished except for existing beneficiaries by Social Security Act 1986 (c. 50), section 40.