Change 1 Article Choose an article Title and introductory text 1 Entitlement to benefit dependent on claim 2 Retrospective effect of provisions making entitlement to benefit dependent on claim 2A Claim or full entitlement to certain benefits conditional on work-focused interview 2AA Full entitlement to certain benefits conditional on work-focused interview for partner 2B Supplementary provisions relating to work-focused interviews 2C Optional work-focused interviews 2D Work-related activity 2E Action plans in connection with work-focused interviews 2F Directions about work-related activity 2G Contracting-out 2H Good cause for failure to comply with regulations 3 Late claims for bereavement benefit where death is difficult to establish 4 Treatment of payments of benefit to certain widows 5 Regulations about claims for and payments of benefit 6 Regulations about community charge benefits administration 7 Relationship between community charge benefits and other benefits 7A Sharing of functions as regards certain claims and information 7B Use of social security information 8 Notification of accidents, etc 9 Medical examination and treatment of claimants 10 Obligations of claimants 11 Initial claims and repeat claims 12 Necessity of application for certain payments 12A Necessity of application for health in pregnancy grant 13 Necessity of application for child benefit 13A Election not to receive child benefit 14 Duties of employees etc. in relation to statutory sick pay 15 Duties of women etc. in relation to statutory maternity pay 15A Payment out of benefit of sums in respect of mortgage interest etc 15B Expenses of paying sums in respect of vehicle hire etc. 16 Emergency payments by local authorities and other bodies 17 Questions for the Secretary of State 18 Appeal on question of law 19 Review of decisions 20 Claims and questions to be submitted to adjudication officer 21 Decision of adjudication officer 22 Appeal to social security appeal tribunal 23 Appeal from social security appeal tribunal to Commissioner 24 Appeal from Commissioners on point of law 25 Review of decisions 26 Procedure for reviews 27 Reviews under s. 25—supplementary 28 Appeals following reviews or refusals to review 29 Review after claimant appeals 30 Reviews of decisions of adjudication officers 31 Further reviews 32 Reviews of decisions as to attendance allowance, disability living allowance or disability working allowance—supplementary 33 Appeals following reviews 34 Appeal from social security appeal tribunals or disability appeal tribunals to Commissioners and appeals from Commissioners 35 Reviews of decisions on appeal 36 Questions first arising on appeal 37 Reference of special questions 38 Adjudication officers 39 The Chief Adjudication Officer 40 Panels for appointment to social security appeal tribunals 41 Constitution of social security appeal tribunals 42 Panels for appointment to disability appeal tribunals 43 Constitution of disability appeal tribunals 44 Declaration that accident is an industrial accident 45 Disablement questions 46 Medical appeals and references 47 Review of medical decisions 48 Appeal etc. on question of law to Commissioner 49 Adjudicating medical practitioners 50 Constitution of medical appeal tribunals 51 The President of social security appeal tribunals, medical appeal tribunals and disability appeal tribunals and regional chairmen and other full-time chairmen 52 Appointment of Commissioners 53 Power of adjudicating authorities to refer matters to experts 54 Claims relating to attendance allowance, disability living allowance and disability working allowance 55 Medical examination etc. in relation to appeals to disability appeal tribunals 56 Assessors 57 Tribunal of three Commissioners 57A Medical examinations of persons awarded attendance allowance or disability living allowance. 58 Regulations as to determination of questions and matters arising out of, or pending, reviews and appeals 59 Procedure 60 Finality of decisions 61 Regulations about supplementary matters relating to determinations 61A Adjudication: incapacity for work. 62 Adjudication as to industrial diseases 63 Adjudication 64 Social fund officers 65 The social fund Commissioner and inspectors 66 Reviews 67 Determination of questions 68 Restrictions on entitlement to benefit in certain cases of error 69 Determination of questions on review following erroneous decisions 70 Regulations as to correction of errors and setting aside of decisions 71 Overpayments—general 71ZA Overpayments out of social fund 71ZB Recovery of overpayments of certain benefits 71ZC Deduction from benefit 71ZD Deduction from earnings 71ZE Court action etc 71ZF Adjustment of benefit 71ZG Recovery of payments on account 71ZH Recovery of hardship payments etc 71ZI Overpayment of non-benefit payments: overview and recovery 71ZJ Overpayment of non-benefit payments: overpayment decision and notice 71ZK Overpayment of non-benefit payments: reviews and appeals 71A Recovery of jobseeker's allowance: severe hardship cases 72 Special provision as to recovery of income support 73 Overlapping benefits—general 74 Income support and other payments 74A Payment of benefit where maintenance payments collected by Secretary of State 75 Overpayments of housing benefit 76 Excess benefits 77 Shortfall in benefits 78 Recovery of social fund awards 79 Recovery of Northern Ireland payments 80 Child benefit—overlap with benefits under legislation of ... member States 80A Further methods of recovery 80B Restrictions relating to further methods 80C Recovery from bank accounts 80D Disqualification from driving 80E Code of practice 80F Rights of audience 80G Recovery of costs 80H Recovery: further provision 86 Multiple compensation payments 87 Collaboration between compensators 88 Structured settlements 89 Insolvency 90 Protection of legal aid charges 91 Overpaid benefits 92 Death 93 Payments into court 94 Provision of information 95 Applications for certificates of total benefit 96 Liability of compensator unenforceable if certificate not issued within time limit 97 Review of certificates of total benefit 98 Appeals 99 Recovery in consequence of an appeal 100 Recovery of relevant payment in cases of default 101 Persons in Northern Ireland 102 Foreign compensators: duties of intended recipient 103 Interest on damages: reductions in respect of relevant payments 104 The Crown 105 Failure to maintain—general 106 Recovery of expenditure on benefit from person liable for maintenance 107 Recovery of expenditure on income support: additional amounts and transfer of orders 108 Reduction of expenditure on income support: certain maintenance orders to be enforceable by the Secretary of State 109 Diversion of arrested earnings to Secretary of State-Scotland 109A Authorisations for investigators 109B Power to require information 109BA Power of Secretary of State to require electronic access to information 109C Powers of entry 109I Independent review 109J Independent review: further provision 110 Appointment and powers of inspectors 110ZA Class 1, 1A, 1B or 2 contributions: powers to call for documents etc 110A Authorisations by local authorities 110AA Power of local authority to require electronic access to information 110B Powers of inspectors appointed under section 110A. 111 Delay, obstruction etc. of inspector 111A Dishonest representation for obtaining benefit etc 112 False representations for obtaining benefit etc 113 Breach of regulations 113A Statutory sick pay and statutory maternity pay: breach of regulations 113B Statutory sick pay and statutory maternity pay: fraud and negligence 113C Health in pregnancy grant: civil penalty for fraud, etc. 114 Offences relating to contributions 114A Penalties relating to contributions 115 115A Penalty as alternative to prosecution 115B Penalty as alternative to prosecution: colluding employers etc 115C Incorrect statements etc 115D Failure to disclose information 116 Legal proceedings 116ZA Local authority powers to prosecute housing benefit and council tax benefit fraud 116A Local authority powers to prosecute other benefit fraud 117 Issues arising in proceedings 117A Issues arising in proceedings: contributions, etc 118 Evidence of non-payment 119 Recovery of unpaid contributions on prosecution 120 Proof of previous offences 121 Unpaid contributions—supplementary 121A Recovery of contributions etc. in England and Wales 121B Recovery of contributions etc. in Scotland 121C Liability of directors etc. for company's contributions 121D Appeals in relation to personal liability notices 121DA Interpretation of Part VI 121DB Eligibility verification 121DC Independent review 121DD Independent review: further provision 121E Supply of contributions etc. information held by Inland Revenue 121F Supply to Inland Revenue for purposes of contributions etc. of information held by Secretary of State 122 Supply of information held by tax authorities for fraud prevention and verification 122ZA Supply of tax information to assess certain employment or training schemes 122AA Disclosure of contributions etc. information by Her Majesty’s Revenue and Customs 122A Supply of information by Inland Revenue for purposes of contributions 122B Supply of other government information for fraud prevention and verification 122C Supply of information to authorities administering benefit 122D Supply of information by authorities administering benefit 122E Supply of information between authorities administering benefit 122F Supply by rent officers of benefit information 123 Unauthorised disclosure of information relating to particular persons 124 Provisions relating to age, death and marriage 124A Provisions relating to civil partnership: England and Wales 124B Provisions relating to civil partnership: Scotland 125 Regulations as to notification of deaths 126 Personal representatives to give information about the estate of a deceased person who was in receipt of income support or supplementary benefit 126A Power to require information from landlords and agents 127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 128A Disclosure of information by authorities 129 Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory sick pay 130 Duties of employers—statutory sick pay and claims for other benefits 131 Disclosure by Secretary of State for purpose of determination of period of entitlement to statutory maternity pay 132 Duties of employers—statutory maternity pay and claims for other benefits 132A Disclosure of contributions avoidance arrangements 133 Furnishing of addresses for maintenance proceedings, etc 133A Supply of universal credit information 134 Arrangements for housing benefit 135 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 138 Nature of benefits 139 Arrangements for community charge benefits 139A Persons to report on administration 139B Powers of investigation 139BA Interaction with Audit Commission 139C Reports 139D Directions 139DA Directions: variation and revocation 139E Information about attainment of standards 139F Enforcement notices 139G Enforcement determinations 139H Enforcement determinations: supplementary 140 Community charge benefit finance 140A Subsidy 140B Calculation of amount of subsidy 140C Payment of subsidy 140D Rent rebate subsidy: accounting provisions 140E Financing of joint arrangements 140EE Financing of other expenditure 140F No requirement for annual orders 140G Interpretation: Part VIII 141 Annual reviews of contributions 142 Orders under s.141—supplementary 143 Power to alter contributions with a view to adjusting level of National Insurance Fund 143A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 144 Orders under s. 143 ... —supplementary 145 Power to alter primary and secondary contributions 146 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 147 Orders under ss. 145 and 146—supplementary 148 Revaluation of earnings factors 148A Revaluation of low earnings threshold 148AA Revaluation of flat rate accrual amount 148AC Revaluation for transitional pensions under Pensions Act 2014 148AD Revaluation of new state scheme pension debits and credits 149 Statutory sick pay—power to later limit for small employers' relief 150 Annual up-rating of benefits 150A Annual up-rating of basic pension etc. and standard minimum guarantee 151 Up-rating—supplementary 151A Up-rating of transitional state pensions under Pensions Act 2014 152 Rectification of mistakes in orders under section 150 or 150A 153 Annual review of child benefit 154 Social security benefit in respect of children 155 Effect of alternation of rates of benefit under Part II and V of Contributions and Benefits Act 155A Power to anticipate pensions up-rating order 156 Up-rating under section 150 above of pensions increased under section 52(3) of the Contributions and Benefits Act 157 Effect of alteration of rates of child benefit 158 Treatment of excess benefit as paid on account of child benefit 159 Effect of alteration in the component rates of income support 159A Effect of alteration of rates of a jobseeker's allowance 159B Effect of alterations affecting state pension credit 159C Effect of alteration of rates of an employment and support allowance 159D Effect of alterations affecting universal credit 159E Effect of alteration of rates of personal independence payment 160 Implementation of increase in income support due to attainment of particular ages 160A Implementation of increase in income-based jobseeker's allowance due to attainment of particular ages 160B Implementation of increases in employment and support allowance due to attainment of particular ages 161 National Insurance Fund 162 Destination of contributions 163 General financial arrangements 164 Destination of repayments etc 165 Adjustments between National Insurance Fund and Consolidated Fund 166 Financial review and report 167 The social fund 168 Allocations from social fund 169 Adjustments between social fund and other sources of finance 170 The Social Advisory Committee 171 The Industrial Induries Advisory Council 172 Functions of Committee and Council in relation to regulations 173 Cases in which consultation is not required 174 Committee's report on regulations and Secretary of State's duties 175 Disability Living Allowance Advisory Board 176 Consultation with representative organisations 177 Co-ordination with Northern Ireland 178 Reciprocal arrangements with Northern Ireland - income-related benefits and child benefit 179 Reciprocal agreements with countries outside the United Kingdom 179A Exchange of information with overseas authorities 180 Payment of travelling expenses by the Secretary of State 180A Payments of travelling expenses by the Commissioners of Inland Revenue 181 Impersonation of officers 182 Illegal possession of documents 182A Return of social security post 182B Requirement to supply information about redirection of post 182C Requirement to apply for national insurance number 183 Research on industrial injuries, etc 184 Control of pneumoconiosis 185 Administration of workmen's compensation etc 186 Application of provisions of Act to supplementary benefit etc 187 Certain benefit to be inalienable 188 Exemption from stamp duty 189 Regulations and orders—general 190 Parliamentary control of orders and regulations 191 Interpretation—general 192 Short title, commencement and extent SCHEDULE 1 Claims for benefit made or treated as made before 1st October 1990 Schedule 3ZA Recovery of amounts from bank accounts etc Schedule 3ZB Disqualification from driving SCHEDULE 3A Health in pregnancy grant: Civil penalty for fraud, etc. Schedule 3B Eligibility verification SCHEDULE 4 Persons employed in social security administration or adjudication SCHEDULE 5 Social Security Advisory Committee SCHEDULE 6 Industrial Injuries Advisory Council SCHEDULE 7 Regulations not requiring prior submission SCHEDULE 8 SCHEDULE 9 Old Cases payments administration SCHEDULE 10 Supplementary benefit etc.
What to do with it
As published
71ZJ Overpayment of non-benefit payments: overpayment decision and notice
(1) Before exercising powers under this Act to recover an overpayment of a non-benefit payment from a person (“P”)—
(a) the Secretary of State must give a notice (an “overpayment notice”) to P, and
(b) the condition in subsection (5) must be met (opportunity for P to challenge the notice).
(2) The Secretary of State may give P an overpayment notice only if—
(a) P has been convicted of an offence (under this Act or any other enactment), or
(b) it appears to the Secretary of State that there are grounds to institute proceedings against P for an offence (under this Act or any other enactment),
in relation to the overpayment.
(3) An overpayment notice must—
(a) state the amount that the Secretary of State regards as an overpayment,
(b) provide the Secretary of State’s reasons for regarding that amount as an overpayment,
(c) set out the effect of the giving of the overpayment notice, and
(d) set out P’s right to seek a review of the notice and the right to appeal the outcome of that review (see section 71ZK).
(4) In subsection (3)(c), the reference to the effect of the giving of the overpayment notice is a reference to the Secretary of State’s powers to—
(a) invite P to agree to a penalty under section 115A in relation to the overpayment;
(b) recover the overpayment (if P agrees to pay such a penalty, or is convicted of an offence, in relation to the overpayment).
(5) The condition in this subsection is met where—
(a) the time for P to seek a review of the overpayment notice has passed without P seeking a review, or
(b) if P sought a review of the notice within the time allowed, the review has taken place and—
(i) the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or
(ii) P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.
Your wording
Your change, as a redline
71ZJ Overpayment of non-benefit payments: overpayment decision and notice
(1) Before exercising powers under this Act to recover an overpayment of a non-benefit payment from a person (“P”)—
(a) the Secretary of State must give a notice (an “overpayment notice”) to P, and
(b) the condition in subsection (5) must be met (opportunity for P to challenge the notice).
(2) The Secretary of State may give P an overpayment notice only if—
(a) P has been convicted of an offence (under this Act or any other enactment), or
(b) it appears to the Secretary of State that there are grounds to institute proceedings against P for an offence (under this Act or any other enactment),
in relation to the overpayment.
(3) An overpayment notice must—
(a) state the amount that the Secretary of State regards as an overpayment,
(b) provide the Secretary of State’s reasons for regarding that amount as an overpayment,
(c) set out the effect of the giving of the overpayment notice, and
(d) set out P’s right to seek a review of the notice and the right to appeal the outcome of that review (see section 71ZK).
(4) In subsection (3)(c), the reference to the effect of the giving of the overpayment notice is a reference to the Secretary of State’s powers to—
(a) invite P to agree to a penalty under section 115A in relation to the overpayment;
(b) recover the overpayment (if P agrees to pay such a penalty, or is convicted of an offence, in relation to the overpayment).
(5) The condition in this subsection is met where—
(a) the time for P to seek a review of the overpayment notice has passed without P seeking a review, or
(b) if P sought a review of the notice within the time allowed, the review has taken place and—
(i) the period mentioned in section 71ZK(6)(a) for P to appeal against the outcome of the review has passed without P bringing an appeal, or
(ii) P’s appeal (including any onward appeal) against the outcome of the review has been withdrawn, abandoned or finally determined.
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.