The Housing Benefit and Community Charge Benefit (Subsidy) Order 1992

Deductions to be made in calculating subsidy in respect of community charge benefit

22.—(1) The deductions referred to in article 16(2) are, subject to paragraph (2), of the following amounts—

(a)where an appropriate authority has allowed excess community charge benefit falling within regulation 83(a) to (d) of the Community Charge Benefits Regulations(1) (meaning of excess benefits), the amount attributable to that excess;

(b)where an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations(2) (increase of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;

(c)where during the relevant year an amount is recovered in relation to excess community charge benefit which was allowed in consequence of official error within the meaning of article 20(3) and where the excess benefit had occurred and been discovered in the year ending 31st March 1991, the amount so recovered;

(d)where during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed in the year ending 31st March 1991, the amount of the excess benefits, but only to the extent that—

(i)the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under article 15 of the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991(3); and

(ii)the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made).

(2) Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.

(1)

Regulation 83 was amended by S.I. 1990/834 and 1991/849.

(2)

Regulation 58 was amended by S.I. 1990/834.

(3)

S.I. 1991/587.