Regulation 7 Substitution of regulation 90 of the Council Tax Benefit Regulations

For regulation 90 of the Council Tax Benefit Regulations (sums to be deducted in calculating recoverable excess benefit) there shall be substituted the following regulation—

“Sums to be deducted in calculating recoverable excess benefit

90

(1)

In calculating the amount of recoverable excess benefit, the appropriate authority shall deduct any amount of council tax benefit which should have been determined to be payable in respect of the whole or part of the overpayment period—

(a)

on the basis of the claim as presented to the authority;

(b)

on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the determination; or

(c)

on the basis of the claim as it would have appeared if any change of circumstances had been notified at the time that change occurred.

(2)

For the purposes of paragraph (1)(c), where the change of circumstances is the cessation of entitlement to income support or income-based jobseeker’s allowance the deduction shall be made as if that change of circumstances had not ended the benefit period.

(3)

In calculating the amount of recoverable excess benefit, the appropriate authority may deduct so much of any payment of council tax in respect of the excess benefit period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous determination.”.