The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006

Payment of public claims out of pensions U.K.

50.—(1) Where the Secretary of State is satisfied that—

(a) a sum is due to the Crown, a Secretary of State, Minister or Government Department from a person to or in respect of whom a pension or gratuity may be or has been awarded; or

(b) that an overpayment has been made to or in respect of any such person by the Crown, a Secretary of State, Minister or Government Department

the Secretary of State may deduct from the pension or gratuity such amounts not exceeding the amount of the sum or overpayment as he thinks fit and at such times as he thinks fit.

(2) Where the Secretary of State deducts an amount from a pension or gratuity under paragraph (1), he shall apply the amount in or towards paying or repaying that sum or overpayment.

(3) Where payment in respect of a pension payable under this Order or the Service Pensions Order 1983 is in arrears for any period and any one or more of the following, that is to say—

(a) income support under the Social Security Contributions and Benefits Act 1992 M1 or under the Income Support (Transitional) Regulations 1987 M2 ;F1 . . .

[F2 (aa) employment and support income-related allowance under Part 1 of the Welfare Reform Act 2007; F3 . . . ]

[F4 (ab) universal credit under Part 1 of the Welfare Reform Act 2012; or]

(b) any amount payable under any legislation having effect in Northern Ireland or the Isle of Man which corresponds to income support under the 1992 Act, F5 . . . the Income Support (Transitional) Regulations 1987 [F6 , or the Welfare Reform Act 2007]

has been paid for that period to the person to whom the payment is due, the amount by which the amount of benefit or income support paid (including any corresponding amount mentioned in subparagraph (c)), or both if both have been paid, exceeds what would have been paid had the said payment not fallen into arrears shall be deemed to have been an overpayment for the purposes of paragraph (1), and in the case where benefit or income support or both has been paid under legislation in force in Northern Ireland or the Isle of Man it shall for the purpose of that paragraph be repayable to the authority administering the benefit or as the case may be income support.

Textual Amendments

F1 Word in art. 50(3)(a) omitted (27.10.2008 with application in accordance with art. 2(5) of the amending S.I.) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(b)(6), Sch. 1 Pt. 2 para. 12(a)

F2 Art. 50(3)(aa) inserted (27.10.2008 with application in accordance with art. 2(5) of the amending S.I.) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2008 (S.I. 2008/679), art. 2(1)(2)(b)(6), Sch. 1 Pt. 2 para. 12(b)

F3 Word in art. 50(3) omitted (29.4.2013) by virtue of The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(4)

F4 Art. 50(3)(ab) inserted (29.4.2013) by The Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) Regulations 2013 (S.I. 2013/630), regs. 1(2), 49(4)

F5 Word in art. 50(3)(b) omitted (6.4.2009) by virtue of The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), {11(a))} (with art. 18)

F6 Words in art. 50(3)(b) inserted (6.4.2009) by The Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions (Amendment) Order 2009 (S.I. 2009/706), arts. 1(1), 11(b) (with art. 18)

Marginal Citations

M1 1992 c. 4.

M2 S.I. 1987/1969.