Regulation 2 Overpayments of housing benefit

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 2(1) words inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 58(3)(a)
reg. 2(2) words substituted by Transfer of Tribunal Functions 2013 Sch. 2 para. 35
reg. 2 heading substituted by Universal Credit and Miscellaneous Amendments 2014 reg. 9(2)(b)(i)
reg. 2(2)(b) words substituted by Universal Credit and Miscellaneous Amendments 2014 reg. 9(2)(b)(ii)
reg. 2(2) words substituted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 58(3)(b)
reg. 2(3) word omitted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 58(4)
reg. 2(3)(c) and word inserted by Universal Credit (Consequential, Supplementary, Incidental and Miscellaneous Provisions) 2013 reg. 58(4)

(1)

Paragraph (2) applies if, in the course of proceedings on an application under subsection (5) of section 73 of the Act (other consequences of operating unlicensed HMOs^f1: rent repayment orders) or subsection (5) of section 96 of the Act (other consequences of operating unlicensed houses^f2: rent repayment orders), it comes to the notice of the local housing authority that in respect of periodical payments payable in connection with occupation of the part or parts of the HMO or of the whole or part of the house to which the application applies there may have been a payment of housing benefit^f3 that was not properly payable.

(2)

A local housing authority may apply to the residential property tribunal for leave to amend their application by substituting for the total amount of housing benefit paid, such part of that amount as they believe is properly payable.

(3)

For the purposes of paragraphs (1) and (2)—

(a)

an amount of housing benefit is properly payable if the person to whom, or in respect of whom, it is paid is entitled to it under the Housing Benefit Regulations 2006^f4 or the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006^f5 (whether on the initial decision or as subsequently revised or superseded or further revised or superseded), and

(b)

“overpayment of housing benefit” has the meaning given by regulation 99 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 80 of the Housing Benefit (Persons who have obtained the qualifying age for state pension credit) Regulations 2006.

Annotations

Footnotes

f1: As to the meaning of “HMO”, see sections 55(2) and 77 of the Act.
f2: As to the meaning of “house”, see section 99 of the Act
f3: As to “housing benefit”, and “periodical payments”, see section 96(10) of the Act.
f4: S.I. 2006/213.
f5: S.I. 2006/214.