OpenLegislation

Paragraph 6

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where any excess awards to which sub-paragraph (2) below applies have been made in the circumstances specified in sub-paragraph (3) below, the total number and the amounts of those awards and the circumstances in which they were made.

(2)

This paragraph applies to awards of—

(a)

housing benefit by way of rent rebates;

(b)

housing benefit by way of rent allowances;

(c)

housing benefit by way of community charge rebates;

(d)

community charge benefits; and

(e)

council tax benefit,

which are identified in the relevant year.

(3)

The circumstances specified in this sub-paragraph are—

(a)

departmental error;

(b)

error of the authority making the payment and claiming subsidy;

(c)

technical overpayments and technical excess benefits;

(d)

errors of claimants;

(e)

fraudulent overpayments and fraudulent excess benefits;

(g)

duplicate payments following non-receipt, loss or theft of benefit where the original instrument of payment has been encashed; and

(h)

any other excess awards.

(4)

In this paragraph “departmental error”, “error of the authority making the payment andclaiming subsidy”, “technical overpayments”, “technical excess benefits”, “fraudulent overpayments” and “fraudulent excess benefits” have the meanings assigned to them by article 10 or article 18, as the case may be, of the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994.