The Council Tax Benefit Regulations 2006

Meaning of excess benefit

This section has no associated Explanatory Memorandum

82.  In this Part “excess benefit” means any amount which has been allowed by way of council tax benefit and to which there was no entitlement under these Regulations (whether on the initial decision as subsequently revised or further revised) and includes any excess which arises by reason of—

(a)a reduction in the amount a person is liable to pay in respect of council tax in consequence of—

(i)regulations made under section 13(1) of the 1992 Act (reduction in the amount of a person’s council tax); or

(ii)any discount to which that tax is subject by virtue of section 11 or 79 of that Act(2);

(b)a substitution under sections 31(3) or, in Scotland, section 94 of the 1992 Act(4) (substituted amounts) of a lesser amount for an amount of council tax previously set by the relevant authority under section 30(5) or, in Scotland section 93(6) of that Act (amount set for council tax).

(1)

Amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraphs 40 and 42.

(2)

Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 79 was amended by S.S.I. 2005/51, regulation 2.

(3)

Amended by the Local Government Act 1999 (c. 27), section 30 and Schedule 1, paragraphs 2 and 3; modified by S.I. 1993/22.

(4)

Amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180, Schedule 14 and 15.

(5)

Amended by the Greater London Authority Act 1999 (c. 29), section 81.

(6)

Amended by the Local Government etc. (Scotland) Act 1994 (c. 39) section 180(2) and Schedule 14; and by the Local Government in Scotland Act 2003 asp 1, section 41.