Recoverable excess benefit
83.—(1) Any excess benefit, except benefit to which paragraph (2) applies, shall be recoverable.
(2) Subject to paragraph (4) and (5) and excepting any excess benefit arising in consequence of a reduction in tax or substitution to which regulation 82 refers, this paragraph applies to excess benefit allowed in consequence of an official error, where the claimant or a person acting on his behalf or any other person to whom the excess benefit is allowed could not, at the time the benefit was allowed or upon the receipt of any notice relating to the allowance of that benefit, reasonably have been expected to realise that it was excess benefit.
(3) In paragraph (2), “excess benefit allowed in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—
(a)the relevant authority;
(b)an officer or person acting for that authority;
(c)an officer of—
(i)the Department for Work and Pensions; or
(ii)the Commissioners for Her Majesty's Revenue and Customs,
acting as such; or
(d)a person providing services to the Department or to the Commissioners referred to in (c),
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) Paragraph (2) shall not apply with respect to excess benefit to which regulation 82(a) and (b) refers.
(5) Where in consequence of an official error a person has been awarded excess benefit, upon the award being revised [F1or superseded] any excess benefit which remains credited to him by the relevant authority in respect of a period after the date of the revision [F1or supersession], shall be recoverable.
Textual Amendments
F1Words in reg. 83(5) inserted S.I. 2005/2904, reg. 5 (as amended (10.4.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 29(6) (with regs. 2, 3, Schs. 3, 4))