Housing Grants, Construction and Regeneration Act 1996

93 Recovery of contributions. E+W

(1) Where the Secretary of State has paid contributions under section 92 to a local housing authority, he may recover from the authority such amount as he determines to be appropriate in respect of repayments of grant under this Part.

(2) For the purposes of this section—

(a) a “grant” includes the cost of scheme works for a group repair scheme (see section 62(1)), and

(b) “repayment of grant” includes the payment to the authority of the balance of the cost (see section 69(3)) by assisted participants in such a scheme.

(3) The amount shall be calculated by reference to the amount appearing to the Secretary of State to represent his contribution to—

(a) grants in respect of which repayments have been made to the authority, or

(b) grants in respect of which repayments could have been recovered if reasonable steps had been taken by the authority,

together with an appropriate percentage of any interest received by the authority, or which would have been received if reasonable steps had been taken by the authority.

(4) The question what steps it would have been reasonable for the authority to take shall be determined by the Secretary of State.

In determining whether the authority took reasonable steps, the Secretary of State may consider whether the authority properly exercised its discretion not to demand repayment of grant or to demand payment of a lesser sum.