Article 20 Excess community charge benefits
Where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 18(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
Subject to paragraph (3), the appropriate amount shall be—
in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
in the case of excess benefits allowed in consequence of an official error, 95 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and
in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits, for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
where benefits have been allowed in advance and the appropriate authority subsequently identifies recoverable excess benefits which do not arise from a change in circumstances, the amount appropriate to the excess benefits as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks, beginning with the benefit week after the week in which those excess benefits are so identified by that authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to those excess benefits; and
in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.
In paragraph 2(b) and article 21(b)(ii) “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97 of the Social Security Act 1975f1 where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
In paragraph 2(c) and article 21(b)(iii) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being allowed in advance and a change in circumstances reduces or eliminates entitlement to those benefits beginning with the benefit week next following the week in which the change is disclosed to the appropriate authority.
This article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.
Annotations
Footnotes
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