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Scotland

Overpayments of universal credit

All payments of universal credit are recoverable and can be taken from ongoing entitlement.

This content applies to Scotland

Universal credit - overpayments

An overpayment of universal credit is an amount which 'may be recovered by the Secretary of State' by virtue of specified legislation. [1] This means any amount paid in excess of entitlement. [2] All overpayments are recoverable, including those arising from official error, although the DWP has the discretion not to recover. [3]

Regulations make provision for recovery by means of deductions from benefits and by means of a 'Direct Earnings Attachment'. [4]

Last updated: 18 December 2020

Footnotes

  • [1]

    reg 2 Social Security (Overpayments and Recovery) Regulations 2013 SI 2013/384. The legislation specified is s.71ZB(1) Social Security Administration Act 1992.

  • [2]

    s.71ZB(1) Social Security Administration Act 1992.

  • [3]

    See Para 5.74 - 5.76, Chap 8 and Annex 5, Benefit Overpayment Recovery Guide, DWP, May 2017.[4]Social Security (Overpayments and Recovery) Regulations 2013 SI 2013/384 as amended by Social Security (Overpayments and Recovery) Amendment Regulations 2015 SI 2015/499.

  • [4]

    [3] See Para 5.74 - 5.76, Chap 8 and Annex 5, Benefit Overpayment Recovery Guide, DWP, May 2017.Social Security (Overpayments and Recovery) Regulations 2013 SI 2013/384 as amended by Social Security (Overpayments and Recovery) Amendment Regulations 2015 SI 2015/499.