{
  "url": "https://openlegislation.uk/community-charge-benefits-general-regulations-1989/regulation-91",
  "json_url": "https://openlegislation.uk/community-charge-benefits-general-regulations-1989/regulation-91.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/91",
  "kind": "regulation",
  "number": "91",
  "heading": "Recovery of excess benefits from prescribed benefits",
  "text": "(1) For the purposes of section 31D(3)(c) and (5)(b) of the Act (deduction of excess community charge benefits from other benefits), the benefits prescribed by this regulation are–\n(a) any benefit under the Social Security Act, except guardian’s allowance;\n(b) income support , family credit or disability working allowance under Part II of the Act;\n(c) any benefit payable under the legislation of any member State, other than the United Kingdom, concerning the branches of social security mentioned in article 4(1) of Regulation (EEC) No. 1408/71 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, whether or not the benefit has been acquired by virtue of the provisions of that Regulation.\n(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(3) Where the Secretary of State is satisfied that:–\n(a) recoverable excess benefits have been allowed in consequence of a misrepresentation of or failure to disclose a material fact (in either case whether fraudulent or otherwise), by a claimant or any other person to whom community charge benefits have been allowed; and\n(b) the person who misrepresented that fact or failed to disclose it is receiving a sufficient amount of one or more of the benefits prescribed in paragraph (1) to enable deductions to be made for the recovery of the excess,\nhe shall, if requested to do so by an appropriate authority under regulation 87 (methods of recovery) recover the excess by deduction from any of those benefits.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 91(1)(a) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 16(3)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 91(1)(b) substituted (6.4.1992) by The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 16(3)(b)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Reg. 91(2) omitted (6.4.1992) by virtue of The Disability Living Allowance and Disability Working Allowance (Consequential Provisions) Regulations 1991 (S.I. 1991/2742), regs. 1(1), 16(3)(c)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 91 in force at 1.4.1990, see reg. 1"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 31D was inserted by the Local Government Finance Act 1988 (c. 41) Schedule 10 paragraph 6 and amended by the Social Security Act 1989 (c. 24) Schedule 8 paragraph 9."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "O.J. No. L149. 5.7.1971; Regulations No. 1408/71 and No. 574/72 were restated in amended form in Regulation No. 2001/83 (O.J. No. L230, 22.8.1983) and further amended by Council Regulation (EEC) No. 1660/85 (O.J. No. L160, 20.6.1985), Council Regulation (EEC) No. 1 1661/85 (O.J. No. L160, 20.6.1985) and Commission Regulation (EEC) No. 513/86 (O.J. No. L57, 28.2.1986)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/1321/regulation/91",
    "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."
}