The Social Security (Recovery) (Amendment) Regulations (Northern Ireland) 2012

Made: 9th March 2012

Coming into operation: 1st April 2012

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 69(6)(a) and (8), 73(1), (4) and (5) and 165(1) and (4) of the Social Security Administration (Northern Ireland) Act 1992 and now vested in it .

Citation and commencement

1

These Regulations may be cited as the Social Security (Recovery) (Amendment) Regulations (Northern Ireland) 2012 and shall come into operation on 1st April 2012.

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

2

• (1) The Social Security (Payments on Account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 are amended in accordance with paragraphs (2) and (3).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In regulation 16(5) (limitations on deductions from prescribed benefits)—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for the words from “where it is not a multiple of 10 pence” to the end substitute “ where it is not a multiple of 5 pence, rounded to the next higher such multiple. ”.

Amendment of the Housing Benefit Regulations

3

• (1) The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 99(4) (method of recovery)—

• (a) for “4 times” substitute “ 5 times ”; and

• (b) for the words from “but where that 5 per cent.” to the end substitute “ that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple. ”.

• (3) In regulation 101(1) (sums to be deducted in calculating recoverable overpayments) after “determined to be payable” insert “ to the person from whom the overpayment is recoverable or their partner ”.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

4

• (1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) and (3).

• (2) In regulation 80(4) (method of recovery)—

• (a) for “4 times” substitute “ 5 times ”; and

• (b) for the words from “but where that 5 per cent.” to the end substitute “ that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple. ”.

• (3) In regulation 82(1) (sums to be deducted in calculating recoverable overpayments) after “determined to be payable” insert “ to the person from whom the overpayment is recoverable or their partner ”.

Signed

Sealed with the Official Seal of the Department for Social Development on 9th March 2012

Anne McCleary — A senior officer of the — Department for Social Development

Explanatory note

(This note is not part of the Regulations)

Footnotes

[^f00001]: 1992 c. 8; section 69(8) was amended by paragraph 8 of Schedule 4 to the Tax Credits Act 2002 (c. 21), section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11) and section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^f00002]: See Article 8(b) of S.R. 1999 No. 481

[^f00003]: S.R. 1988 No. 142; relevant amending Regulations are S.R. 2000 No. 266, S.R. 2003 No. 191 and S.R. 2008 No. 286

[^f00004]: Regulation 13 was amended by regulation 26(5) of S.R. 2003 No. 191 and regulation 15(8) of S.R. 2008 No. 286

[^f00006]: S.R. 2006 No. 405; relevant amending Regulations are S.R. 2008 No. 504

[^f00008]: S.R. 2006 No. 406; relevant amending Regulations are S.R. 2008 No. 504

Editorial notes

[^c21203651]: 1992 c. 8; section 69(8) was amended by paragraph 8 of Schedule 4 to the Tax Credits Act 2002 (c. 21), section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11) and section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

[^c21203661]: See Article 8(b) of S.R. 1999 No. 481

[^c21203671]: S.R. 1988 No. 142; relevant amending Regulations are S.R. 2000 No. 266, S.R. 2003 No. 191 and S.R. 2008 No. 286

[^c21203701]: S.R. 2006 No. 405; relevant amending Regulations are S.R. 2008 No. 504

[^c21203721]: S.R. 2006 No. 406; relevant amending Regulations are S.R. 2008 No. 504

[^key-7fca9e88a89be7f5c3adf26d4ace774f]: Reg. 2(2) revoked (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (S.R. 2016/224), regs. 1(3), 34

[^key-386700c029c260dde85bfe6c298e553d]: Reg. 2(3)(a) revoked (coming into force in accordance with reg. 1(3) of the amending Rule) by The Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 (S.R. 2016/224), regs. 1(3), 34