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The legislation
The legislation
12.The rules governing the recoverability of housing benefit overpayments are arguably more stringent than the rules relating to benefits paid by the DWP. For housing benefit overpayments, the starting point is that all overpayments are recoverable. This is subject to the exception set out in regulation 100 of the Housing Benefit Regulations 2006 (SI 2006 No.213) which provides;
Recoverable overpayments
—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.
- Heading
- E FITZPATRICK
- The appeal to the First-tier Tribunal
- The Proceedings before the Upper Tribunal
- The legislation
- Subject to paragraph (4) this paragraph applies to an overpayment [ which arose in consequence of ] an official error where the claimant or a person acting on his behalf or any other person to whom th
- In paragraph (2), “overpayment [ which arose in consequence of an official error ] ” means an overpayment caused by a mistake made whether in the form of an act or omission by—(a)the relevant authorit
- (b)an officer or person acting for that authority
- the overpayment was caused by an official error which no relevant person caused or contributed to; and
- D uty to notify changes of circumstances
- (a)in writing; or Conclusions