Regulation 79 Shortfall in benefitsI1
England, Wales and Scotland
Except in cases to which paragraph (2) refers, where, on the review of a determination or a decision of a review board allowing community charge benefits to a person, it is determined that the amount allowed was less than the amount to which that person was entitled, F1the appropriate authority shall either—
make good any shortfall of benefits which are due to that person, by reducing so far as possible the next and any subsequent payments he is liable to make in respect of the personal community charge of the authority concerned as it has effect for the relevant chargeable financial year until that shortfall is made good; or
where this is not possible or the person concerned so requests, pay any shortfall of benefits due to that person within 14 days of the decision on review being made or if that is not reasonably practicable, as soon as possible afterwards
Shortfalls in benefits need not be paid in any case F2to the extent that there is due from the person concerned to the appropriate authority any recoverable excess benefits to which regulation 84(1) refers.
Except in cases to which regulation 78(3) and (4) applies (direct payments of benefit to charge payers) where the benefits to which paragraph (1) refers are in respect of a contribution period, there shall be no adjustment as between the person concerned and the person to whom any relevant collective community charge contributions were due (the charge payer) or as between the charge payer and the authority concerned.
Annotations
Textual amendments
- F1
Words in reg. 79(1) substituted (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 22(a)
- F2
Words in reg. 79(2) substituted (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 22(b)