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Paragraph 13 I1I2

England, Wales and Scotland

F1Except in cases to which paragraphs (a) to (d) of regulation 83 (excess benefits in consequence of a reduction in an appropriate authority’s personal community charge) refer, where the appropriate authority makes a determination that there are recoverable excess benefits within the meaning of regulation 84 (recoverable excess benefits), the notice of determination shall include a statement as to–

(a)

the fact that there are recoverable excess benefits;

(b)

the reason why there are recoverable excess benefits;

(c)

the amount of the recoverable excess benefits;

(d)

how the amount of the recoverable excess benefits was calculated;

(e)

the benefit weeks to which the recoverable excess benefits relate in each benefit period or, where the recoverable excess benefits relate to a past period of entitlement as a result of backdating a claim under regulation 60(17) (time and manner in which claims are to be made), in that past period; and

(f)

the method or combination of methods by which the authority intends to recover the recoverable excess benefits, including–

(i)

payment by or on behalf of the person concerned of the amount due by the specified date,

(ii)

addition of the amount due to any amount in respect of the charge concerned for payment whether by instalments or otherwise by the specified date or dates, or

(iii)

if recovery cannot be effected in accordance with heads (i) or (ii), requesting the Secretary of State to recover the excess benefits by deduction from the benefits prescribed in regulation 91 (deduction of excess benefits from prescribed benefits).

Annotations

Textual amendments

F1

Words in Sch. 5 para. 13 inserted (7.10.1991) by The Housing Benefit and Community Charge Benefits (Miscellaneous) Amendment Regulations 1991 (S.I. 1991/1599), regs. 1(1)(c), 34 (with reg. 35)

Commencement

I1

Sch. 5 para. 13 in force at 1.4.1990 , see reg. 1

I2

Sch. 5 para. 13 in force at 1.4.1990, see reg. 1