# The Housing Benefit Regulations (Northern Ireland) 2006, Regulation 98: Person from whom recovery may be sought

Extent: N.I.

(1) For the purposes of section 73(3)(a) of the Administration Act (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—
(a) housing benefit has been paid to a landlord in accordance with regulation 92 or 93;
(b) the landlord has notified the Executive or the Department in writing that he suspects that there has been an overpayment;
(c) the Executive is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;
(d) it appears to the Executive that, on the assumption that there has been an overpayment—
(i) there are grounds for instituting proceedings against any person for an offence under section 105A or 106(1) of the Administration Act (dishonest or false representations for obtaining benefit), or
(ii) there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 84 and the overpayment occurred as a result of that deliberate failure; and
(e) the Executive is satisfied that the landlord—
(i) has not colluded with the claimant so as to cause the overpayment;
(ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment.
(2) For the purposes of section 73(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by the Executive—
(a) subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;
(b) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or
(c) in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.
(2A) Where an overpayment is made in a case where the Executive has determined a maximum rent (LHA) in accordance with regulation 14D, and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the Executive must not recover from the landlord more than the landlord has received.
(3) For the purposes of paragraphs (1) and (2A), “landlord” shall have the same meaning as it has for the purposes of regulation 92.
(4) For the purposes of paragraph (2)(c), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 97(3).
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

---
Source: https://www.legislation.gov.uk/nisr/2006/405/regulation/98 (the official version)
Page: https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-98
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.