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

Duplication and prescribed income U.K.

7.— [F1 (1) For the purposes of section 74(1) of the Social Security Administration Act 1992 ([F2 income support, state pension credit] [F3 , income-based jobseeker’s allowance, income-related employment and support allowance] and other payments), a person’s prescribed income is—

(a) income required to be taken into account in accordance with Part V of the Income Support Regulations [F4 or, as the case may be, Part VIII of the Jobseeker’s Allowance Regulations] [F5 or Part III of the State Pension Credit Regulations] [F6 or Part 10 of the Employment and Support Allowance Regulations], except for the income specified in sub-paragraph (b); and

(b) income which, if it were actually paid, would be required to be taken into account in accordance with Chapter VIIA of Part V of the Income Support Regulations [F7 or, as the case may be, Chapter VIII of Part VIII of the Jobseeker’s Allowance Regulations ](child support maintenance) [F8 or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations (child support)]; but only in so far as it relates to the period beginning with the effective date of the maintenance assessment under which it is payable, as determined in accordance with regulation 30 of the Child Support (Maintenance Assessment Procedure) Regulations 1992, and ending with the first day which is a day specified by the Secretary of State under regulation 4(1) of the Child Support (Collection and Enforcement) Regulations 1992 as being a day on which payment of child support maintenance under that maintenance assessment is due.]

(2) The prescribed date in relation to any payment of income prescribed by [F9 paragraph (1)(a)] 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.

[F10 (3) Subject to paragraph (4), the prescribed date in relation to any payment of income prescribed by paragraph (1)(b) is the last day of the maintenance period, determined in accordance with regulation 33 of the Child Support (Maintenance Assessment Procedure) Regulations 1992, to which it relates.

(4) Where the period referred to in paragraph (1)(b) does not consist of a number of complete maintenance periods the prescribed date in relation to income prescribed by that sub-paragraph which relates to any part of that period which is not a complete maintenance period is the last day of that period.]

Textual Amendments

F1 Reg. 7(1) substituted (5.4.93 for reg. 7(1), 7(1)(a), and 19.4.93 for reg. 7(1)(b)) by S.I. 1993/650, reg. 1(1), 2(4)(a)

F2 Words in reg. 7(1) substituted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 24(3)(a)

F3 Words in reg. 7(1) substituted (27.10.2008) by The Employment and Support Allowance (Miscellaneous Amendments) Regulations 2008 (S.I. 2008/2428), regs. 1(2), 22

F4 Words in reg. 7(1)(a) inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 23(3)(b)

F5 Words in reg. 7(1)(a) inserted (6.10.2003) by State Pension Credit (Consequential, Transitional and Miscellaneous Provisions) Regulations 2002 (S.I. 2002/3019), regs. 1(2)(b), 24(3)(b)

F6 Words in reg. 7(1)(a) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 52(6)(a)

F7 Words in reg. 7(1)(b) inserted (7.10.1996) by The Social Security and Child Support (Jobseeker’s Allowance) (Consequential Amendments) Regulations 1996 (S.I. 1996/1345), regs. 1, 23(3)(c)

F8 Words in reg. 7(1)(b) inserted (27.10.2008) by Employment and Support Allowance (Consequential Provisions) (No.2) Regulations 2008 (S.I. 2008/1554), regs. 1(2)(b), 52(6)(b)

F9 Words in reg. 7(2) substituted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(4)(b)

F10 Reg. 7(3)(4) inserted (5.4.93) by S.I. 1993/650, reg. 1(1), 2(4)(c)