The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

Modification of housing benefit subsidy on payments in excess of entitlement

14.—(1) Notwithstanding any provision made under the Social Security and Housing Benefits Act 1982 in respect of housing benefit paid in excess of entitlement, where an overpayment of benefit to which any such provision applies under that Act in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).

(2) The amount of that subsidy shall be—

(a) in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment; and

(b) in the case of an overpayment caused by official error within the meaning of article 11(3), 97 per cent. of so much of the overpayment as has not been recovered by the authority; and

(c) in the case of any other overpayment, 25 per cent. of the overpayment.

(3) In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefits Regulations 1985(1) (interpretation) as previously in force.

(1)

S.I. 1985/677.