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Prescribed benefits

2.—(1) The benefits prescribed for the purposes of section 73(5) and (7)(1) of the Act (recovery of overpaid housing benefit) are those set out in paragraphs (2) to (4).

(2) Prescribed benefits within section 73(5)(a) of the Act are—

(a)housing benefit, and

(b)those benefits prescribed from time to time in regulation 105(1) of the Housing Benefit Regulations(2) (recovery of overpayments from prescribed benefits), but only in cases where—

(i)the Executive has, pursuant to regulation 102 of the Housing Benefit Regulations (method of recovery), requested the Department to recover an overpayment of housing benefit from such benefits, and

(ii)the Department is satisfied as to the matters prescribed in regulation 105(3) of the Housing Benefit Regulations.

(3) Housing benefit is prescribed for the purposes of section 73(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 73(7) of the Act (benefits recoverable from the county court) are housing benefit and those benefits prescribed from time to time in regulation 105(1) of the Housing Benefit Regulations.

(1)

Section 73(5) and (7) was inserted by Article 15 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997

(2)

Regulation 105(1) was amended by regulation 16 of S.R. 1988 No. 424, regulation 11(3) of S.R. 1992 No. 6 and regulation 18 of S.R. 1996 No. 334