Recoupment of Benefits
| Jurisdiction | United Kingdom |
| Pages | 604-608 |
| Author | Gavin Mansfield KC,Lydia Banerjee |
604
Blackstone’s: Employment Law Practice. Gavin Mansfield KC, Lydia Banerjee, Bianca Balmelli, Damian Brown KC, Joseph Bryan,
Charlotte Davies, Simon Forshaw, Mark Humphreys, Anthony Korn, Eleena Misra, Brian Napier KC, David Reade KC, Catherine Taylor,
and John Bowers KC, Oxford University Press. © Gavin Mansfield, Lydia Banerjee, Bianca Balmelli, Damian Brown, Joseph Bryan,
Charlotte Davies, Simon Forshaw, Mark Humphreys, Anthony Korn, Eleena Misra, Brian Napier, David Reade, and Catherine Taylor 2023
DOI: 10.1093/ oso/ 9780192887788.003.0035
35
Recoupment of Benefits
A. Introduction . . . . . . . . . . . . . . . . . . . . . .35.01
B. When Applicable. . . . . . . . . . . . . . . . . . . 35.02
C. The Working of the Scheme . . . . . . . . . .35.05
D. Explanation of Recoupment . . . . . . . . . .35.10
E. Notification to the Department
for Work and Pensions . . . . . . . . . . . . . .35.11
F. Duties of the Employer . . . . . . . . . . . . . .35.14
G. Appeals. . . . . . . . . . . . . . . . . . . . . . . . . . 35.17
H. Consequences of a Successful Appeal
against the Original Judgment . . . . . . . .35.20
I. Benefits of Settlement. . . . . . . . . . . . . . .35.21
SUMMARY
(1) Some awards made by a tribunal may be subject to deductions in respect of certain social se-
curity payments received by the claimant: jobseeker’s allowance, income- related employment
and support allowance, income support, and universal credit. e deduction is of benets
paid to the claimant either to the date his loss ceased or to the date of the tribunal hearing or
reserved decision, whichever is the earlier.
(2) If the claimant has been in receipt of certain of these benets, any receipts are ignored for the
purpose of deciding the compensation due to the claimant: the claimant retains the benets,
but the respondent deducts an equivalent amount from the compensation due to the claimant
and sends it direct to Job Centre Plus.
(3) If the tribunal reduces an award for contributory fault or brings the award down to the statu-
tory cap, the amount of recoupment will be reduced by the same proportion.
(4) A claimant can challenge the tribunal’s decision on the recoupment certicate by notice to the
Department for Work and Pensions.
(5) e Recoupment Regulations do not apply to out- of- court settlements.
A� INTRODUCTION
e Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support)
Regulations 1996, SI 1996/ 2349 are intended to ensure that a dismissed employee is not com-
pensated twice over for the same loss, by social security benet and unfair dismissal compensation,
and that the state can recover from the employer certain benets previously paid to the successful
claimant.
35�01
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