{
  "url": "https://openlegislation.uk/community-charge-benefits-general-regulations-1989/regulation-84",
  "json_url": "https://openlegislation.uk/community-charge-benefits-general-regulations-1989/regulation-84.json",
  "legislation": "uksi/1989/1321",
  "legislation_title": "The Community Charge Benefits (General) Regulations 1989",
  "legislation_url": "https://openlegislation.uk/community-charge-benefits-general-regulations-1989",
  "path": "regulation/84",
  "kind": "regulation",
  "number": "84",
  "heading": "Recoverable excess benefits",
  "text": "(1) Any excess benefits, except benefits to which paragraph (2) applies, shall be recoverable.\n(2) Subject to paragraphs (4) and (5), this paragraph applies to excess benefits 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 benefits are allowed could not, at the time the benefits were allowed or upon the receipt of any notice relating to the allowance of those benefits, reasonably have been expected to realise that they were excess benefits.\n(3) In paragraph (2), “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority or by an officer or person acting for that authority or by an officer of the Department of Social Security or the Department of Employment acting as such where the claimant, a person acting on his behalf or any other person to whom the payment is allowed did not cause or materially contribute to that mistake, act or omission.\n(4) Paragraph (2) shall not apply with respect to excess benefits to which regulation 83(a) to (d) refers.\n(5) Where in consequence of an official error a person has been awarded excess benefits, upon the award being reviewed any excess benefits which remain credited to him by the appropriate authority in respect of a period after the date of the review, shall be recoverable.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 84(2) inserted (7.10.1991) by The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 (S.I. 1991/1599), regs. 1(1)(c), 29(a) (with reg. 35)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 84(2) substituted (1.4.1991) by The Community Charge Benefits (General) Amendment Regulations 1991 (S.I. 1991/234), regs. 1(1)(b), 9"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 84(4) added (1.4.1990) by The Community Charge Benefits (General) Amendment Regulations 1990 (S.I. 1990/834), regs. 1(1), 25"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 84(4) substituted (1.4.1991) by The Community Charge Benefits (General) Amendment (No. 2) Regulations 1991 (S.I. 1991/849), regs. 1(1), 9"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 84(5) added (7.10.1991) by The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 (S.I. 1991/1599), regs. 1(1)(c), 29(b) (with reg. 35)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 84 in force at 1.4.1990, see reg. 1"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/1321/regulation/84",
    "retrieved_at": "2026-10-29T15:39:44.176575+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}