PART 5Miscellaneous Amendments

CHAPTER 3Adjustments and Deductions

Amendment of the Social Security (Payments on Account, Overpayments and Recovery) Regulations 198852

1

The Social Security (Payments on Account, Overpayments and Recovery) Regulations 1988 M1 are amended as follows.

2

In regulation 1(2) (citation, commencement and interpretation)—

a

in the definition of “benefit”M2 after “state pension credit” insert “ , an employment and support allowance ”;

b

after the definition of “disabled person's tax credit”M3 insert—

“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;

c

after the definition of “tax credit” insert—

“the Welfare Reform Act” means the Welfare Reform Act 2007;

3

In regulation 2(4)() M4 (making of interim payments) after “income support” insert “ or income-related employment and support allowance ”.

4

In regulation 4(3)(c) M5 (recovery of overpaid interim payments) after “income support” insert “ or income-related employment and support allowance ”.

5

In regulation 5(3) M6 (offsetting prior payment against subsequent award) after “income-based jobseeker's allowance” insert “ or an income-related employment and support allowance ”.

6

In regulation 7 (duplication and prescribed income)—

a

in paragraph (1)(a) M7 after “Part III of the State Pension Credit Regulations” insert “ or Part 10 of the Employment and Support Allowance Regulations ”; and

b

in paragraph (1)(b) after “(child support maintenance)” insert “ or Chapter 9 of Part 10 to the Employment and Support Allowance Regulations (child support) ”.

7

In regulation 8 (duplication and prescribed payments)—

a

in paragraph (1) M8, after sub-paragraph (k) add—

l

a contributory employment and support allowance.

b

in paragraph (2) M9 after “income-based jobseekers allowance” add “ or income-related employment and support allowance ”.

8

In regulation 13(1)(b) M10 (sums to be deducted in calculating recoverable amounts) after “income-based jobseeker's allowance” insert “ or income-related employment and support allowance ”.

9

In regulation 14 M11 (quarterly diminution of capital) after “or an income-based jobseeker's allowance” each time it occurs insert “ , or income-related employment and support allowance ”.

10

In regulation 15(2)(d) M12 (recovery by deduction from prescribed benefits) after “income support,” insert “ an employment and support allowance, ”.

11

In regulation 16 (limitations on deductions from prescribed benefits)—

a

in paragraph (4A) M13 after sub-paragraph (d) add—

e

an income-related employment and support allowance;

f

where, if there was no entitlement to a contributory employment and support allowance, there would be entitlement to an income-related employment and support allowance at the same rate, a contributory employment and support allowance.

b

in paragraph (6) M14 after sub-paragraph (c) add—

or

d

in the calculation of the income of a person to whom income-related employment and support allowance is payable, the amount of earnings or other income falling to be taken into account is reduced by paragraph 7 of Schedule 7 to the Employment and Support Allowance Regulations (sums to be disregarded in the calculation of earnings) or paragraphs 16 and 17 of Schedule 8 to those Regulations (sums to be disregarded in the calculation of income other than earnings),

c

in paragraph (8) M15—

i

in the definition of “personal allowance for a single claimant aged not less than 25” for “either” substitute “ an employment and support allowance, ”; and

ii

in the definition of “specified benefit”—

aa

after paragraph (d) omit “and”; and

bb

after paragraph (e) add—

and

f

an employment and support allowance,

12

In regulation 17 M16 (recovery from couples) after “income-based jobseeker's allowance” each time it occurs insert “ or income-related employment and support allowance ”.