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(3) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 13(b)(4) (sums to be deducted in calculating recoverable amounts)-

(a)after "which was not payable" insert "to the person from whom the amount is recoverable or their partner";

(b)after "to be payable" insert "to that person or their partner";

(c)omit "or" after sub-paragraph (i); and

(d)after sub-paragraph (ii) insert-

"or

(iii)on the basis of the determination if any change of circumstances had been notified at the time that change occurred,".

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

(a)for "4 times" substitute "5 times"; and

(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(6) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 99(4)(7) (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(8) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 80(4)(9) (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".

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Social Security (Payments on Account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 ("the POR Regulations"), the Housing Benefit Regulations (Northern Ireland) 2006 ("the Housing Benefit Regulations") and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 ("the Housing Benefit (SPC) Regulations") regarding the calculation of the amount of a recoverable overpayment and to increase the maximum deduction which can be taken from benefit to recover an overpayment.

Regulation 2 amends the POR Regulations to provide that-

• where there is an award of income support, state pension credit, income-based jobseeker's allowance or income-related employment and support allowance, the amount of a recoverable overpayment is reduced by the additional amount of benefit which would have been payable either to the person from whom the overpayment is recoverable or their partner had all the correct facts relating to their claim for benefit or their benefit entitlement been known or the change of circumstances had been notified at the time the change occurred (paragraph (2)); and

• the maximum deduction from benefit to recover an overpayment which has arisen as a result of fraud is increased from 4 times 5 per cent. of the relevant personal allowance to 5 times 5 per cent. of that allowance and that the rules for calculating the maximum amount which may be deducted are consistent in all cases (paragraph (3)).

Regulations 3 and 4 make similar amendments to the Housing Benefit Regulations and the Housing Benefit (SPC) Regulations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.