The Social Security (Payments to Reduce Under-occupation) Regulations 2000

Overpayments

13.—(1) Where a payment has been made to a person and the local authority that made the payment subsequently determines that the value at the time the payment offer was made of A or B (as defined in regulation 5) differs from the value of A or B that was used to calculate the payment, the payment made is in excess of entitlement to the extent that it exceeds the amount that would have been offered if the values of A or B as subsequently determined had been used to calculate the payment.

(2) A payment in excess of entitlement shall not be recoverable if it was caused by official error where the person who made the application (whether the housing benefit claimant or a person acting on his behalf) could not, at the time of receipt of the payment offer or the payment reasonably have been expected to realise that the payment was in excess of entitlement.

(3) In paragraph (2) “official error” means a mistake made, whether in the form of an act or omission, by the local authority to whom the application was made, any other local authority from which that authority has obtained information needed to consider the application, an officer or person acting for either authority, an officer of the Department of Social Security or the Department of Employment acting as such or a person providing services to either Department, where the person who made the application (whether the housing benefit claimant or a person acting on his behalf) did not cause or materially contribute to that mistake, act or omission.