{
  "url": "https://openlegislation.uk/housing-benefit-community-charge-rebates-scotland-regulations-1988/regulation-85",
  "json_url": "https://openlegislation.uk/housing-benefit-community-charge-rebates-scotland-regulations-1988/regulation-85.json",
  "legislation": "uksi/1988/1890",
  "legislation_title": "The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988",
  "legislation_url": "https://openlegislation.uk/housing-benefit-community-charge-rebates-scotland-regulations-1988",
  "path": "regulation/85",
  "kind": "regulation",
  "number": "85",
  "heading": "Person from whom recovery may be sought",
  "text": "(1) Subject to paragraph (2) a recoverable overpayment shall be recoverable from either–\n(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\n(b) in any ... case, the claimant or the person to whom the overpayment was made.\n(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.",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 85 in force at 1.4.1989, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1988/1890/regulation/85",
    "retrieved_at": "2026-10-29T15:55:44.151213+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}