Section 105: Recovery of benefit payments, Welfare Reform Act 2012

In the Social Security Administration Act 1992, after section 71ZA there is inserted—

In section 71 of that Act (overpayments - general), in subsection (11)(ab), at the end there is inserted "excluding housing credit (see section 71ZB)".

In section 115A of that Act (penalty as alternative to prosecution), in subsection (1), after "71" there is inserted ." 71ZB "

In section 115B of that Act (penalty as alternative to prosecution: colluding employers etc)—

for subsection (4) there is substituted—4If the recipient of a notice under subsection (3) above agrees, in the specified manner, to pay the penalty—athe amount of the penalty shall be recoverable from the recipient by the Secretary of State or authority; andbno criminal proceedings shall be instituted against the recipient in respect of the conduct to which the notice relates.4ASections 71ZC, 71ZD and 71ZE above apply in relation to amounts recoverable under subsection (4)(a) above as to amounts recoverable by the Secretary of State under section 71ZB above (and, where the notice is given by an authority administering housing benefit or council tax benefit, those sections so apply as if references to the Secretary of State were to that authority).;

in subsection (9), the definition of "relevant benefit" is repealed.

In Schedule 1 to the Jobseekers Act 1995 (supplementary provision)—

in paragraph 9, at the end there is inserted—cas to whether the whole or part of any amount of a jobseeker's allowance which is payable as specified in paragraph (a) is recoverable.;

in paragraph 10, for sub-paragraph (5)(a) there is substituted—aas to whether the whole or part of any amount paid by virtue of sub-paragraph (1) or (2) is recoverable;.

In section 12 of the Social Security Act 1998 (appeal to First-tier Tribunal), in subsection (4), after "71" there is inserted ." , 71ZB, 71ZG, 71ZH, "

In Schedule 3 to that Act (decisions against which an appeal lies), after paragraph 6 there is inserted—

Section 105: Recovery of benefit payments

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