Regulation 82 Meaning of excess benefit

In this Part “excess benefit” means any amount which has been allowed by way of council tax benefit and to which there was no entitlement under these Regulations (whether on the initial decision F1or as subsequently revised or superseded or further revised or superseded) and includes any excess which arises by reason of—

(a)

a reduction in the amount a person is liable to pay in respect of council tax in consequence of—

(i)

regulations made under section 13 M1 of the 1992 Act (reduction in the amount of a person's council tax); or

(ii)

any discount to which that tax is subject by virtue of section 11 or 79 of that Act M2;

(b)

a substitution under sections 31 M3 or, in Scotland, section 94 of the 1992 Act M4 (substituted amounts) of a lesser amount for an amount of council tax previously set by the relevant authority under section 30 M5 or, in Scotland section 93 M6 of that Act (amount set for council tax).

Annotations

Textual amendments

F1: Words in reg. 82 substituted by SI 2005/2904 reg. 3 (as amended) (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 29(4) (with regs. 2, 3, Sch. 3, Sch. 4)

Marginal citations

M1: Amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraphs 40 and 42.
M2: Section 11 was amended by the Local Government Act 2003 (c. 26), section 127 and Schedule 7, paragraph 41; section 79 was amended by S.S.I. 2005/51, regulation 2.
M3: Amended by the Local Government Act 1999 (c. 27), section 30 and Schedule 1, paragraphs 2 and 3; modified by S.I. 1993/22.
M4: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39), section 180, Schedule 14 and 15.
M5: Amended by the Greater London Authority Act 1999 (c. 29), section 81.
M6: Amended by the Local Government etc. (Scotland) Act 1994 (c. 39) section 180(2) and Schedule 14; and by the Local Government in Scotland Act 2003 asp 1, section 41.