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Social Security (Payments on account, Overpayments and Recovery) Regulations 1987

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Explanatory Note

(This note is not part of the Regulations)

These regulations, a draft of which has been laid before and approved by resolution of each House of Parliament, come into force on 6th April 1987 and provide for—

  • the making and recovery of payments on account of social security entitlement (regulations 2 to 4),

  • offsetting prior payment against subsequent award (regulations 5 and 6),

  • the prevention of duplication of payments (regulations 7 to 11),

  • direct credit transfer overpayments (regulation 12),

  • the revision of determinations and calculation of amounts recoverable (regulations 13 to 15) and

  • the process of recovering amounts determined to be repayable or recoverable under the old law or recoverable under the new (regulations 16 to 18 and 20). and

  • They revoke the existing regulations on these topics and make consequential amendments, except in relation to reviews of and appeals from past determinations regarding repayment and recoverability (regulations 1, 19 and 20).

The main provisions are made under various sections of the Social Security Act 1986, none of which has yet been in force for twelve months; and the other provisions are consequential on those sections. Accordingly, the regulations are exempt, by s.61(5) of the Social Security Act 1986, from reference to the Social Security Advisory Committee and have not been so referred.

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