Where, following a successful claim, the employment tribunal identifies the ‘prescribed element’, payment of which must be stayed, once the Department for Work and Pensions has served a recoupment notice, is interest payable on the balance of the prescribed element that is payable to the claimant after the employer has paid the amount set out in the recoupment notice?

The mechanism for the recoupment of benefits, as set out in the Employment Protection (Recoupment of Jobseeker's Allowance and Income Support) Regulations 1996 (Recoupment Regs 1996), SI 1996/2349, is dealt with in Practice Note: Recouping benefits from Employment tribunal awards.

The ‘prescribed element’ is that part of the monetary award which is attributable to loss of wages or arrears of pay, or to the amounts found due to the employee, for a period before the conclusion of the tribunal proceedings

The prescribed element is stayed until the Department for Work and Pensions (DWP) serves a recoupment Notice on the employer (or notifies the employer in writing that it does not intend to serve such a notice), and the regulations refer to the recoupment