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

Recovery of overpayments from prescribed benefits

86.—(1)  [F1 Subject to paragraph (1B),] for the purposes of section 75(4) of the Administration Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are—

(a) any benefit except guardian's allowance;

(b) income support under Part 7 of the Act;

(c) any benefit payable under the legislation of any member State F2 ... concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No 1408/71[F3 , as amended from time to time, ] F4 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, [F5 or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems,] whether or not the benefit has been acquired by virtue of the provisions of [F6 either Regulation, as amended from time to time];

(d) a jobseeker's allowance;

(e) state pension credit.

[F7 (f) an employment and support allowance.]

[F8 (g) personal independence payment.]

[F9 (ga) adult disability payment;]

[F10 (h) universal credit.]

[F11 (1A)  For the purposes of paragraph (1)(c) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999 [F12 (as amended from time to time)]. ]

[F13 (1B) For the purposes of section 75(4) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 83(1ZA), the benefits prescribed by this regulation are—

(a) income support under Part 7 of the Act;

(b) income-based jobseeker’s allowance;

(c) state pension credit; and

(d) income-related employment and support allowance.]

[F14 (e) personal independence payment.]

[F15 (ea) adult disability payment;]

[F16 (f) universal credit.]

[F17 (2) The Secretary of State shall, if requested to do so by an authority under regulation 83 (method of recovery), recover a recoverable overpayment by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that—

(a) a recoverable overpayment has been made in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom a payment of housing benefit has been made; and

(b) the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the overpayment.]

(3) In paragraph (1)(a), “benefit” has the meaning it has in section 122(1) of the Act.

Textual Amendments

F1 Words in reg. 86(1) inserted (6.4.2009) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 5(4)(a)

F2 Words in reg. 86(1)(c) omitted (31.12.2020) by virtue of The Social Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/128), reg. 1(2), Sch. para. 9(3); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in reg. 86(1)(c) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), reg. 1, Sch. para. 11(1)(a)(i)

F4 O.J. No. L149, 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983), and further amended by Council Regulation (EEC) No. 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L51, 28.2.1986).

F5 Words in reg. 86(1)(c) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), reg. 1, Sch. para. 11(1)(a)(ii)

F6 Words in reg. 86(1)(c) substituted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), reg. 1, Sch. para. 11(1)(a)(iii)

F7 Reg. 86(1)(f) added (27.10.2008) by Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 39

F8 Reg. 86(1)(g) added (8.4.2013) by The Social Security (Overpayments and Recovery) Regulations 2013 (S.I. 2013/384), regs. 1(2)(e), 34(2)(a)

F9 Reg. 86(1)(ga) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 10(6)(a)

F10 Reg. 86(1)(h) added (29.4.2013) by The Social Security (Overpayments and Recovery) Regulations 2013 (S.I. 2013/384), regs. 1(3), 34(2)(b)

F11 Reg. 86(1A) inserted by SI 2005/2904 reg. 9 (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(10) (with regs. 2, 3, Sch. 3, Sch. 4)

F12 Words in reg. 86(1A) inserted (15.11.2018) by The Social Security (Updating of EU References) (Amendment) Regulations 2018 (S.I. 2018/1084), reg. 1, Sch. para. 11(1)(b)

F13 Reg. 86(1B) inserted (6.4.2009) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 5(4)(b)

F14 Reg. 86(1B)(e) added (8.4.2013) by The Social Security (Overpayments and Recovery) Regulations 2013 (S.I. 2013/384), regs. 1(2)(e), 34(2)(c)

F15 Reg. 86(1B)(ea) inserted (21.3.2022) by The Social Security (Disability Assistance for Working Age People) (Consequential Amendments) Order 2022 (S.I. 2022/177), arts. 1(2), 10(6)(b)

F16 Reg. 86(1B)(f) added (29.4.2013) by The Social Security (Overpayments and Recovery) Regulations 2013 (S.I. 2013/384), regs. 1(3), 34(2)(d)

F17 Reg. 86(2) substituted (6.4.2009) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 5(4)(c)