PART 5OVERPAYMENTS AND RECOVERY
Offsetting prior payments of income support or jobseeker’s allowance against arrears of child benefit or guardian’s allowance payable by virtue of a subsequent determinationI139
1
This regulation applies where—
a
a person has been paid a sum by way of income support or jobseeker’s allowance; and
b
it is subsequently determined that—
i
child benefit or guardian’s allowance should be awarded or is payable in lieu of the income support or jobseeker’s allowance; and
ii
the income support or jobseeker’s allowance was not payable.
2
Subject to regulation 40, any sum of income support or jobseeker’s allowance in respect of the period covered by the subsequent determination—
a
shall be offset against any arrears of entitlement to the child benefit or guardian’s allowance payable for that period by virtue of that determination; and
b
except to the extent that it exceeds them, the sum so paid shall be treated as properly paid on account of the arrears.