The Housing Benefit (Recovery of Overpayments) Regulations (Northern Ireland) 1997

Amendment of Schedule 6 to the Housing Benefit Regulations

4.—(1) Schedule 6 to the Housing Benefit Regulations (matters to be included in the notice of determination) shall be amended in accordance with paragraphs (2) to (4).

(2) In paragraph 11 after sub-paragraph (b)(1) there shall be added the following sub-paragraph—

“(c) informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered,”.

(3) In paragraph 11A(2) for “In this Part” there shall be substituted “In this Schedule”.

(4) Paragraph 14 shall be renumbered as sub-paragraph (1) of paragraph 14 and after that sub-paragraph there shall be added the following sub-paragraph—

“(2) In a case where it is—

(a) determined that there is a recoverable overpayment;

(b) determined that that overpayment is recoverable from a landlord, and

(c) decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

the notice of determination to that landlord shall identify both—

(i) the person on whose behalf the recoverable amount was paid to that landlord, and

(ii) the claimant A.”.

(1)

Paragraph 11 was amended by regulation 6(a) of S.R. 1997 No. 452

(2)

Paragraph 11A was inserted by regulation 6(b) of S.R. 1997 No. 452