{
  "url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-general-amendment-no-4-regulations-2000/note",
  "json_url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-general-amendment-no-4-regulations-2000/note.json",
  "legislation": "uksi/2000/2331",
  "legislation_title": "The Housing Benefit and Council Tax Benefit (General) Amendment (No. 4) Regulations 2000",
  "legislation_url": "https://openlegislation.uk/housing-benefit-and-council-tax-benefit-general-amendment-no-4-regulations-2000",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Regulations)\nThese Regulations amend the Housing Benefit (General) Regulations 1987 (S.I. 1987/1971) (“the Housing Benefit Regulations”) and the Council Tax Benefit (General) Regulations 1992 (S.I. 1992/1814) (“the Council Tax Benefit Regulations”).\nRegulation 2 amends regulation 97 of the Housing Benefit Regulations to permit offsetting of amounts deducted in the process of calculating a recoverable overpayment under regulation 104.\nRegulation 3 revokes regulation 100 of the Housing Benefit Regulations. The power of the authority to recover overpayments is set out in section 75 of the Social Security Administration Act 1992.\nRegulation 4 replaces regulation 102 with a new regulation. The substituted regulation sets a standard maximum rate of recovery of overpayments where a local authority chooses to recover from on-going entitlement to housing benefit being paid to a person as a claimant. A higher rate of deduction may be applied when deducting from housing benefit payable to a claimant who has been implicated in fraud in respect of that overpayment or where specified income or earnings disregards have been applied in calculating the housing benefit.\nRegulation 5 replaces regulation 104 of the Housing Benefit Regulations with a new regulation which specifies more precisely the deductions to be made in calculating a recoverable overpayment.\nRegulations 6 to 8 amend the Council Tax Benefit Regulations. Regulation 6 amends regulation 82 in a similar manner to the amendment made to regulation 97 of the Housing Benefit Regulations.\nRegulation 7 replaces regulation 90 of the Council Tax Benefit Regulations to specify more precisely the deductions to be made in calculating recoverable excess benefit in a similar manner to regulation 104 of the Housing Benefit Regulations (as substituted by these Regulations).\nRegulation 8 amends regulation 91 of the Council Tax Benefit Regulations to prevent the recovery of excess council tax benefit by deductions from housing benefit.\nThese Regulations do not impose a charge on business.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2000/2331/note",
    "retrieved_at": "2026-10-29T08:31:32.967175+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."
}