Article 4 Amendment of article 18 of the principal Order

Article 18 of the principal Order (additions to subsidy)^f1 shall be amended in accordance with the following provisions of this article.

In paragraph (1)—

Before paragraph (5) there shall be inserted—

“(4A)

In paragraph (1)(b)(iia), “claimant error overpayment” means an overpayment made by an authority which is operating the new incentive scheme, where the overpayment—

(a)

is caused by—

(i)

the claimant, or

(ii)

a person acting on the claimant’s behalf under regulation 71 of the Housing Benefit Regulations (who may claim housing benefit)^f2 or regulation 61 of the Council Tax Benefit Regulations (who may claim council tax benefit)^f3,

failing to provide information in accordance with regulation 72(1), 73 or 75 of, or paragraph 5 of Schedule A1 to, the Housing Benefit Regulations (duties on claimant to provide information)^f4 or regulation 62(1), 63 or 65 of, or paragraph 5 of Schedule A1 to, the Council Tax Benefit Regulations (duties on claimant to provide information)^f5; and

(b)

is not a fraudulent overpayment.”.

In paragraph (5), for “paragraphs (1)(b)(iii) and (c)” there shall be substituted “paragraphs (1)(b)(iia) and (iii) and (c) and (4A)”.