Regulation 85 Person from whom recovery may be soughtI1
England, Wales and Scotland
Subject to paragraph (2) a recoverable overpayment shall be recoverable from either–
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
in any F1... case, the claimant or the person to whom the overpayment was made.
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