§ Mr. Matthew TaylorTo ask the Secretary of State for Social Security what representations he has received regarding the bringing into force of section 53 of the Social Security Act 1986 by the Social Security Act 1986 (Commencement No. 4) Order 1986 (S.I., 1986, No. 1959) and its effect on claimants who used due care and diligence to avoid overpayment as specified in section 119(2) of the Social Security Act 1975 prior to the Social Security Act 1986; and if he will make a statement.
§ Mr. ScottNone. The provision was brought into force from 6 April 1987 by the Social Security (Payments on Account, Overpayments and Recovery) Regulations 1987 (S.I., 1987, No. 491). On or after that date all decisions made by the independent adjudicating authorities on whether an overpayment of benefit is recoverable have been subject to a common test of misrepresentation or failure to disclose a material fact.
§ Mr. Matthew TaylorTo ask the Secretary of State for Social Security what advice local social security offices have received from his Department regarding the retrospective application of section 52 of the Social Security Act 1986; and if he will make a statement.
§ Mr. ScottI assume that the hon. Member intended to refer to section 53 of the Social Security Act 1986. Section 53 has no retrospective effect. It applies only to decisions on overpayments made by the independent adjudicating authorities on or after 6 April 1987, the date on which the Social Security (Payment on Account, Overpayments and Recovery) Regulations 1987 (S.I., 1987, No. 491) came into force.
All decisions on whether overpayments should be recoverable are made by the independent adjudicating authorities. Guidance to adjudication officers is contained in the "Adjudication Officer's Guide" which is published by HMSO and a copy is in the Library.