OpenLegislation

Regulation 85 Person from whom recovery may be soughtI1

England, Wales and Scotland

(1)

Subject to paragraph (2) a recoverable overpayment shall be recoverable from either–

(a)

where the overpayment was in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) by or on behalf of the claimant or any other person to whom a payment of housing benefit may be made, the person who misrepresented or failed to disclose that material fact; or

(b)

in any F1... case, the claimant or the person to whom the overpayment was made.

(2)

Where a recoverable overpayment is made to a claimant who has one or more partners, recovery of the overpayment may be made by deduction from any housing benefit payable to a partner, provided that the claimant and that partner were members of the same household both at the time of the overpayment and when the deduction is made.

Annotations

Textual amendments

F1

Word in reg. 85(1)(b) omitted (10.7.1989) by virtue of The Housing Benefit (Community Charge Rebates) (Scotland) Amendment (No. 2) Regulations 1989 (S.I. 1989/972), regs. 1(1)(a), 5

Commencement

I1

Reg. 85 in force at 1.4.1989, see reg. 1(1)