
2000 No. 266
SOCIAL SECURITY
The Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2000
Made 4th September 2000
Coming into operation 2nd October 2000
The Department for Social Development, in exercise of the powers conferred by sections 69(8) and 165(1), (3) and (4)(b) of the Social Security Administration (Northern Ireland) Act 1992, and now vested in it, and of all other powers enabling it in that behalf, hereby makes the following Regulations:
Citation, commencement and interpretation
1 

(1) These Regulations may be cited as the Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 2000 and shall come into operation on 2nd October 2000.
(2) The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Social Security (Payments on account, Overpayments and Recovery) Regulations
2 
In regulation 16 of the Social Security (Payments on account, Overpayments and Recovery) Regulations (Northern Ireland) 1988 (limitations on deductions from prescribed benefits)—
(a) for paragraph (5) there shall be substituted the following paragraph—“
(5) Where a person responsible for the misrepresentation of or failure to disclose a material fact has, by reason thereof—
(a) been found guilty of an offence under any statutory provision;
(b) made an admission after caution of deception or fraud for the purpose of obtaining benefit; or
(c) agreed to pay a penalty under section 109A of the Administration Act and the agreement has not been withdrawn,
the amount mentioned in paragraph (4)(a) shall be 4 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 10 pence, rounded to the nearest 10 pence or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.”; and
(b) in paragraph (8)—
(i) before the definition of “benefit week” there shall be inserted the following definition—“
 “admission after caution” means an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence (Northern Ireland) Order 1989;”, and
(ii) the definition of “written statement after caution” shall be omitted.
Transitional provision
3 
These Regulations shall not apply to a misrepresentation of or failure to disclose a material fact which occurred before 2nd October 2000.
Revocation
4 
The Social Security (Payments on account, Overpayments and Recovery) (Amendment) Regulations (Northern Ireland) 1989 are hereby revoked.
Sealed with the Official Seal of the Department for Social Development on 4th September 2000.
John O'Neill
Senior Officer of the
Department for Social Development
