PART 7 U.K.General and supplementary provisions

Exception to rules preventing duplicate paymentU.K.

38.—(1) A person is not disentitled to child benefit in respect of a child or qualifying young person by virtue of section 13(2) of the Social Security Administration Act 1992 and section 11(2) of the Social Security Administration (Northern Ireland) Act 1992 (persons not entitled to benefit for any week if benefit already paid for that week to another person, whether or not that other person was entitled to it) if in respect of that week—

(a)the determining authority has decided that the Commissioners are entitled to recover the child benefit paid in respect of that child or qualifying young person from a person in consequence of his misrepresentation of, or his failure to disclose, any material fact and, where that determining authority is one from whose decision an appeal lies, the time limit for appealing has expired and no appeal has been made; or

(b)the child benefit paid to the other person has been voluntarily repaid to, or recovered by, the Commissioners in a case where the determining authority has decided under section 9 or 10 of the Social Security Act 1998 M1 or under Article 10 or 11 of the Social Security (Northern Ireland) Order 1998 M2 either—

(i)that, while there was no entitlement to benefit, it is not recoverable, or

(ii)that there was no entitlement to benefit but has made no decision as to its recoverability.

(2) In this regulation “determining authority” means, as the case may require—

(a)the Commissioners;

(b)an appeal tribunal constituted under F1... or Article 8 of the Social Security (Northern Ireland) Act 1998;

(c)the Chief or any other Social Security Commissioner, or a tribunal consisting of any three or more such Commissioners constituted in accordance with F2... Article 16(7) of the Social Security (Northern Ireland) Act 1998.

[F3(d)the First-tier Tribunal;

(e)the Upper Tribunal.]

Textual Amendments

Marginal Citations