Regulation 2 Prescribed benefits

(1)

The benefits prescribed for the purposes of section 75(5) and (7) of the Act (recovery of overpayments)^f1 are those set out in the following paragraphs.

(2)

Prescribed benefits within section 75(5)(a) of the Act (benefits to which a landlord or agent is entitled) are—

(a)

housing benefit; and

(b)

those benefits prescribed from time to time in regulation 105(1) of the Housing Benefit Regulations (recovery of overpayments from prescribed benefits)^f2, but only in cases where—

(i)

an authority has, pursuant to regulation 102 of the Housing Benefit Regulations (method of recovery of overpayments), requested the Secretary of State to recover an overpayment of housing benefit from such benefits; and

(ii)

the Secretary of State is satisfied as to the matters prescribed in paragraph (3)(a) and (b) of regulation 105 of the Housing Benefit Regulations.

(3)

Housing benefit is prescribed for the purposes of section 75(5)(b) or (c) of the Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).

(4)

Prescribed benefits within section 75(7) of the Act (benefits recoverable from the county court or by the sheriff court) are housing benefit and those benefits prescribed from time to time in regulation 105(1) of the Housing Benefit Regulations.

Annotations

Footnotes

f1: Subsections (5) to (7) were added to section 75 by section 16 of the Social Security Administration (Fraud) Act 1997 (c. 47).
f2: Regulation 105 has been amended by S.I. 1988/1971, 1991/2742 and 1996/1510.