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

Excess community charge benefits

19.—(1) Where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 17(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).

(2) Subject to paragraph (3), the appropriate amount shall be—

(a) in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and

(b) in the case of excess benefits allowed in consequence of an official error, 97 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and

(c) in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits for a period not exceeding 2 benefit weeks, beginning on the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and thereafter nil per cent. of the community charge benefit qualifying expenditure atributable to the overpayment;

(d) in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.

(3) In paragraph 2(b) “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97(1) of the Social Security Act 1975(1) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.

(4) In paragraph 2(c) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being granted in advance and a change in circumstances reduces or eliminates entitlement to those benefits beginning on the benefit week following the week in which the change is disclosed to the appropriate authority.

(5) This article shall not apply to an award of benefit to which paragraphs (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.

(1)

1975 c. 14.