Article 13 Modification of housing benefit subsidy on payments in excess of entitlement

(1)

Notwithstanding any provision made under the 1982 Act in respect of housing benefit paid in excess of entitlement under that Act, where an overpayment of such benefit to which any such provision applies made in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).

(2)

The amount of that subsidy shall be—

(a)

in the case of an overpayment caused by departmental error, within the meaning of article 10(4), 95 per cent.of so much of the overpayment as has not been recovered by the authority; and

(b)

except in the case of an overpayment falling within head (a), other than an overpayment caused by an error of the authority making the payment, within the meaning of article 10(6), 25 per cent.of the overpayment.

(3)

In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefit Regulations 1985^f1 (interpretation) as previously in force.

Annotations

Footnotes

f1: S.I.1988/1890, amended by S.I.1989/43, 361, 972 and 1990/127.