# The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988, Regulation 85: Person from whom recovery may be sought

Extent: E+W+S

(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 ... 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.

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Source: https://www.legislation.gov.uk/uksi/1988/1890/regulation/85 (the official version)
Page: https://openlegislation.uk/housing-benefit-community-charge-rebates-scotland-regulations-1988/regulation-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.