The Housing Benefit (Recovery of Overpayments) Regulations 1997

• Citation: S.I. 1997/2435
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations, which may be cited as the Housing Benefit (Recovery of Overpayments) Regulations 1997, shall come into force on 3rd November 1997, immediately following the coming into force of the Housing Benefit and Council Tax Benefit (General) Amendment ( No. 2) Regulations 1997 .

(2) In these Regulations, unless the context otherwise requires—

(a) “ the Act ” means the Social Security Administration Act 1992;

“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 ;

and other expressions used in these Regulations and in the Housing Benefit Regulations shall have the same meanings in these Regulations as in the Housing Benefit Regulations; and

(b) a reference to a numbered regulation is to the regulation in these Regulations bearing that number and a reference in a regulation to a numbered paragraph is to the paragraph bearing that number in that regulation.

Section 2 Prescribed benefits

(1) The benefits prescribed for the purposes of section 75(5) and (7) of the Act (recovery of overpayments) 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) , 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.

Section 3 Restriction on recovery of rent and consequent notifications

(1) Where, pursuant to section 75(5)(b) of the Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as “the landlord” in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as “the tenant” in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.

(2) This paragraph applies in a case where the amount recovered from the landlord relates to an overpayment of housing benefit in relation to which the landlord has—

(a) agreed to pay a penalty pursuant to section 115A(4) of the Act (penalty as an alternative to prosecution) ; or

(b) been convicted of an offence arising under the Act or any other enactment.

(3) In any case to which paragraph (2) applies the authority that has determined that there is an overpayment and that it is recoverable from the landlord shall notify both the landlord and the tenant that—

(a) the overpayment that it has recovered or that it has determined to recover (“that sum”) was one to which paragraph (2) applies; and

(b) the landlord has no right in relation to that sum against the tenant, and that his obligation to the landlord shall be taken to be discharged by the amount so recovered.

Section 4 Amendment of Schedule 6 to the Housing Benefit Regulations

(1) Schedule 6 to the Housing Benefit Regulations (matters in the notice of determination) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph 11 of Part IV of Schedule 6 (awards where direct payments made to landlords), after sub-paragraph (b) , there shall be inserted a new sub-paragraph (c)—

(c) informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered.

(3) In paragraph 11A of Part IV of Schedule 6 for the words “In this Part” there shall be substituted the words “In this Schedule,”.

(4) Paragraph 14 of Part VII of the Schedule (notice where recoverable overpayment) shall be renumbered as sub-paragraph (1) of paragraph 14 and, after that sub-paragraph, there shall be inserted a new sub-paragraph (2)—

(2) In a case where it is—

(a) determined that there is a recoverable overpayment;

(b) determined that that overpayment is recoverable from a landlord; and

(c) decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

the notice of determination to that landlord shall identify both—

(i) the person on whose behalf the recoverable amount was paid to that landlord; and

(ii) the claimant.