Section 76 Excess benefitsC1

(1)

Regulations may make provision as to any case where a F1billing authority or a F2local authority in Scotland has allowed council tax benefit to a person and the amount allowed exceeds the amount to which he is entitled in respect of the benefit.

(2)

F3... the regulations may provide that—

(a)

a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b)

any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (3) below as is prescribed as regards the case concerned, or by such combination of two or all three of the methods ar is prescribed as regards the case concerned.

(3)

The methods are—

(a)

payment by the person concerned;

(b)

addition to any amount payable in respect of F4council tax;

(c)

deduction from prescribed benefits.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)

In a case where the regulations provide that a sum or part of a sum is to be paid, and the sum or part is not paid on or before such day as may be prescribed, the regulations may provide that the sum or part shall be recoverable in a court of competent jurisdiction.

(7)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)

The regulations may provide that they are not to apply as regards any case falling within a prescribed category.

Annotations

Textual amendments

F1: Words in s. 76(1) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 15(1)
F2: Words in s. 76(1) substituted (1.4.1996) by Local Government etc. (Scotland) Act 1994 (c. 39), s. 184(2), Sch. 13 para. 175(3); S.I. 1996/323, art. 4(c)
F3: Words in s. 76(2) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 15(2), Sch. 14
F4: Words in s. 76(3)(b) substituted (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para 15(3)
F5: S. 76(4)(5)(7) repealed (1.4.1993) by Local Government Finance Act 1992 (c. 14), s. 118(4), Sch. 9 para. 15(4), Sch. 14

Modifications

C1: S. 76 modified (1.4.1995) by The Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 (S.I. 1995/531), regs. 1, 3

Notes on Part III

Modifications

C1: Pt. III restricted (22.8.1996) by Employment Tribunals Act 1996 (c. 17), ss. 17(1)(a), 46
C2: Pt. III excluded (11.11.1999) by Welfare Reform and Pensions Act 1999 (c. 30), ss. 68, 89(4)(a)

Notes on Community charge benefits

Editorial notes

X1: Unreliable heading