Social Security Administration (Northern Ireland) Act 1992

73 Overpayments of housing benefit.N.I.

(1)Except where regulations otherwise provide, any amount of housing benefit [F1determined in accordance with regulations to have been]paid in excess of entitlement may be recovered by the Department, the Department of the Environment or by the Housing Executive F2. . ..

(2)Regulations may require the Department of the Environment or the Housing Executive to recover such an amount in such circumstances as may be prescribed.

[F3(3)An amount recoverable under this section shall be recoverable -

(a)except in such circumstances as may be prescribed, from the person to whom it was paid; and

(b)where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.]

(4)Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

[F4(5)Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—

(a)from prescribed benefits to which he is entitled;

(b)from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or

(c)from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.

(6)Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.

(7)Where any amount recoverable under this section is to be recovered otherwise than by deduction from prescribed benefits it shall, if the county court so orders, be enforceable as if it were payable under an order of that court.]

Textual Amendments

F3S. 73(3) substituted (22.11.2000 for certain purposes, otherwise 1.10.2001) by 2000 c. 4 (N.I.), s. 62 (with s. 66(6)); S.R. 2000/358, art. 2(b), Sch. Pt. II; S.R. 2001/249, art. 2(c)

F4S. 73(5)-(7) added (8.10.1997 for certain purposes, otherwise 3.11.1997) by S.I. 1997/1182 (N.I. 11), art. 15; S.R. 1997/449, art. 2

Modifications etc. (not altering text)

C1S. 73: functions transferred (1.12.1999) from the Department of the Environment to the Department of Finance and Personnel by S.R. 1999/481, art. 6(b), Sch. 4 Pt. II