The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2002

Amendment of article 18 of the principal Order

4.—(1) Article 18 of the principal Order (additions to subsidy)(1) shall be amended in accordance with the following provisions of this article.

(2) In paragraph (1)—

(a) before sub-paragraph (b)(iii) there shall be inserted—

“(iia) in the case of a claimant error overpayment, or of a fraudulent overpayment made by an authority which is operating the new incentive scheme, 40 per cent. of the overpayment;”;

(b) in sub-paragraph (b)(iii), after “fraudulent overpayment” there shall be inserted “to which head (iia) does not apply”;

(c) in sub-paragraph (b)(iv), after “overpayment” there shall be inserted “or, where the overpayment is made by an authority operating the new incentive scheme, 40 per cent. of the overpayment”;

(d) in sub-paragraph (c), after “80 per cent.” there shall be inserted “or, in a case where the discovery is made by an authority which is operating the new incentive scheme, 40 per cent.”.

(3) Before paragraph (5) there shall be inserted—

“(4A) In paragraph (1)(b)(iia), “claimant error overpayment” means an overpayment made by an authority which is operating the new incentive scheme, where the overpayment—

(a) is caused by—

(i) the claimant, or

(ii) a person acting on the claimant’s behalf under regulation 71 of the Housing Benefit Regulations (who may claim housing benefit)(2) or regulation 61 of the Council Tax Benefit Regulations (who may claim council tax benefit)(3),

failing to provide information in accordance with regulation 72(1), 73 or 75 of, or paragraph 5 of Schedule A1 to, the Housing Benefit Regulations (duties on claimant to provide information)(4) or regulation 62(1), 63 or 65 of, or paragraph 5 of Schedule A1 to, the Council Tax Benefit Regulations (duties on claimant to provide information)(5); and

(b) is not a fraudulent overpayment.”.

(4) In paragraph (5), for “paragraphs (1)(b)(iii) and (c)” there shall be substituted “paragraphs (1)(b)(iia) and (iii) and (c) and (4A)”.

(1)

Relevant amending instruments as S.I.s 1999/550, 2000/1091 and 2000/2340.

(2)

Amending instruments are S.I.s 1999/3108, 2000/897, 2001/1605 and 2002/1703.

(3)

Amending instruments are S.I.s 1993/688, 1999/3108, 2001/897 and 2001/1605.

(4)

Amending instruments are: for regulation 72(1) S.I.s 1996/2432, 2000/897 and 2001/1605; for regulation 73 S.I.s 1992/432, 1992/1101, 1992/2148, 1993/963, 1993/1249, 1995/2303, 2000/897 and 2001/1605; for regulation 75 S.I.s 1990/546, 1996/1510, 1999/1539, 1999/3108, 2000/897 and 2001/1605. Schedule A1 was inserted by S.I. 1996/2432 and was amended by S.I. 2001/1605.

(5)

Amending instruments are: for regulations 62(1) S.I.s 1996/2432, 2000/897 and 2001/1605; for regulation 63 S.I.s 1993/688, 1993/963, 1993/1249, 1995/2303, 2000/897 and 2001/1605; for regulation 65 S.I.s 1996/1510, 1999/1539, 1999/3108, 2000/897 and 2001/1605. Schedule A1 was inserted by S.I. 1996/2432 and was amended by S.I. 2001/1605.