Regulation 87 Methods of recoveryI1

Without prejudice to any other method of recovery an appropriate authority may recover any recoverable excess benefits due from any persons referred to in regulation 86(1) (person from whom recovery may be sought) by any of the methods specified in paragraphs (2), F1(2A), (3) and (5) or any combination of those methods.

In the case of excess benefits on account of personal community charges recovery may be either–

Where, in Scotland, a person’s liability for a personal community charge in respect of the financial year beginning 1st April 1989 is reduced in consequence of regulations made under section 9A of the 1987 Act, any benefit to which he was entitled in respect of that charge under the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988, shall take account of his reduced liability for that charge and any benefit which is found to have been overpaid may be recovered by an addition to any amount payable in respect of a personal community charge under that Act or by deduction from any sums to which he may be entitled in consequence of regulations made under section 9A.

Paragraph (2A) shall not apply in any case where a person’s liability for a personal community charge is reduced in accordance with the Personal Community Charge (Relief) (No. 2) (Scotland) Regulations 1990.

In the case of excess benefits in respect of a contribution period, recovery may be by payment being made to the appropriate authority by or on behalf of the person to whom regulation 86(1) refers.

In a case to which paragraph (3) refers no adjustment of liability shall be made as between the person concerned and the charge payer or as between the charge payer and the appropriate authority.

Where recoverable excess benefits due from any person cannot be recovered by any of the methods specified in paragraphs (2) and (3), the appropriate authority may request the Secretary of State to recover the outstanding excess from the benefits prescribed in regulation 91 in accordance with the provisions of that regulation.