Regulation 86 Methods of recovery

(1)

Without prejudice to any other method of recovery a relevant authority may recover any recoverable excess benefit F1... by any of the methods specified in paragraph (2) and (3) or any combination of those methods.

(2)

Excess benefit may be recoveredF2...—

(a)

by payment by or on behalf of the F3claimant or the person to whom the excess benefit was allowed; or

(b)

by an addition being made by the relevant authority to any amount payable in respect of the council tax concerned.

F4(3)

Where recoverable excess benefit cannot be recovered by either of the methods specified in paragraph (2), the relevant authority may request the Secretary of State to recover the outstanding excess—

(a)

from the benefits prescribed in regulation 90(1); or

(b)

where the claimant has one or more partners, from the benefits prescribed in regulation F590(1B), provided that the claimant and that partner were a couple both at the time the excess benefit was allowed and when the deduction is made.

Annotations

Textual amendments

F1: Words in reg. 86(1) omitted (6.4.2009) by virtue of The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 6(3)(a)
F2: Word in reg. 86(2) omitted (6.4.2009) by virtue of The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 6(3)(b)(i)
F3: Words in reg. 86(2) substituted (6.4.2009) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 6(3)(b)(ii)
F4: Reg. 86(3) substituted (6.4.2009) by The Housing Benefit and Council Tax Benefit (Amendment) (No. 2) Regulations 2008 (S.I. 2008/2824), regs. 1(2), 6(3)(c)
F5: Word in reg. 86(3)(b) substituted (1.4.2012) by The Social Security (Recovery) (Amendment) Regulations 2012 (S.I. 2012/645), regs. 1(1), 4(1)