The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Person from whom recovery may be sought

82.—(1) For the purposes of section 75(3)(a) of the Administration Act F1 (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—

(a) housing benefit has been paid in accordance with regulation 76 (circumstances in which payment is to be made to the landlord) or regulation 77 (circumstances in which payment may be made to a landlord);

(b) the landlord has notified the relevant authority or the Secretary of State in writing that he suspects that there has been an overpayment;

[F2 (bb) the relevant authority is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;]

(c) it appears to the relevant authority that, on the assumption that there has been an overpayment—

(i) there are grounds for instituting proceedings against any person for an offence under section 111A or 112(1) of the Administration Act F3 (dishonest or false representations for obtaining benefit); or

(ii) there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 69 (duty to notify a change of circumstances) and the overpayment occurred as a result of that deliberate failure; and

(d) the relevant authority is satisfied that the landlord—

(i) has not colluded with the claimant so as to cause the overpayment;

(ii) has not acted, or neglected to act, in such a way so as contribute to the period, or the amount, of the overpayment.

[F4 (2) For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority–

(a) the prescribed person from whom it is sought shall be–

(i) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant or any other person to whom housing benefit has been paid, the person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made;

(ii) in a case where an overpayment arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment has been made could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, that person instead of, if different, the person to whom the payment was made; or

(b) where sub-paragraphs (a)(i) and (ii) do not apply, the prescribed person from whom it is sought is–

(i) the claimant;

(ii) in a case where a recoverable overpayment is made to a claimant who has one or more partners, the claimant’s partner or any of his partners.]

[F5 (2A)  Where an overpayment is made in a case where a relevant authority has determined a maximum rent ( LHA ) in accordance with regulation 13D (determination of a maximum rent ( LHA )), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received. ]

(3) For the purposes of [F6 paragraphs (1) and (2A)], “landlord” shall have the same meaning as it has for the purposes of regulation 76.

[F7 (3A) For the purposes of paragraph (2)(a)(ii), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 81(3) above].

(4) For the purposes of [F8 paragraph (2)(b)(ii)], recovery of the overpayment may be by deduction from any housing benefit payable to a partner provided that the claimant and that partner were members of the same household both at the time of the overpayment and when the deduction is made.

Textual Amendments

F1 Subsection (3) was substituted by the Child Support, Pensions and Social Security Act 2000 (c. 19), section 71.

F2 Reg. 82(1)(bb) inserted by SI 2005/2904 reg. 6(2) (as amended) (10.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 29(7)(b) (with regs. 2, 3, Sch. 3, Sch. 4)

F3 Section 111A was inserted by section 13 of the Social Security Administration (Fraud) Act 1997 (c. 47) and section 112(1) was amended by paragraph 4(2) of Schedule 1 to the same Act and by paragraphs 1 and 6 of the Schedule 6 to the Child Support, Pensions and Social Security Act 2000 (c. 19).

F4 Reg. 82(2) substituted by SI 2005/2904 reg. 6(3) (as amended) (10.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 29(7)(c) (with regs. 2, 3, Sch. 3, Sch. 4)

F5 Reg. 82(2A) inserted (7.4.2008) by Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 3(2)(a)

F6 Words in reg. 82(3) substituted (7.4.2008) by Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 3(2)(b)

F7 Reg. 82(3A) inserted by SI 2005/2904 reg. 6(4A) (as inserted) (10.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 29(7)(e) (with regs. 2, 3, Sch. 3, Sch. 4)

F8 Words in reg. 82(4) substituted by SI 2005/2904 reg. 6(5) (as amended) (10.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 29(7)(f) (with regs. 2, 3, Sch. 3, Sch. 4)