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The Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997

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This Statutory Instrument has been made in consequence of a defect in S.I. 1997/2435 and is being issued free of charge to all known recipients of that Statutory Instrument.

Statutory Instruments

1997 No. 2619

SOCIAL SECURITY

The Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997

Made

30th October 1997

Laid before Parliament

30th October 1997

Coming into force

3rd November 1997

The Secretary of State for Social Security, in exercise of powers conferred on her by sections 5(1)(i), 63(1) and (2), 189(4) and (5) and 191 of the Social Security Administration Act 1992(1) and of all other powers enabling her in that behalf, which contains only regulations made by virtue of or consequential upon section 16 of the Social Security Administration (Fraud) Act 1997(2) and is made before the end of the period of six months from the coming into force of that section and after consultation with organisations appearing to her to be representative of the authorities concerned(3), hereby makes the following Regulations:

Citation and commencement and interpretation

1.—(1) These Regulations, which may be cited as the Housing Benefit (Recovery of Overpayments) (No. 2) Regulations 1997, shall come into force on 3rd November 1997, immediately following the coming into force of the Housing Benefit (Recovery of Overpayments) Regulations 1997(4).

(2) In these Regulations “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(5).

Amendment of Schedule 6 to the Housing Benefit Regulations

2.  In paragraph 14(2)(c)(ii)(6) of Part VII of Schedule 6 to the Housing Benefit Regulations (Matters in the notice of determination) for the term “the claimant” there shall be substituted “claimant A”.

Signed by authority of the Secretary of State for Social Security.

John Y. Denham

Parliamentary Under-Secretary of State,

Department of Social Security

30th October 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement provisions of the Social Security Administration (Fraud) Act 1997 in relation to the recovery of overpayments of housing benefit and correct an error in regulation 4(4) of the Housing Benefit (Recovery of Overpayments) Regulations 1997 (S.I. 1997/2435).

(1)

1992 c. 5; subsection (5) to (7) were added to section 75 by section 16 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 191 is an interpretation provision and is cited because of the meaning there ascribed to the word “prescribe”.

(2)

1997 c. 47; see section 173(5)(b) of the Social Security Administration Act 1992.

(3)

See the Social Security Administration Act 1992 (c. 5), section 176(1).

(4)

S.I. 1997/2435.

(5)

S.I. 1987/1971; relevant amending instrument is S.I. 1997/2435.

(6)

Sub-paragraph (2) was inserted by S.I. 1997/2435.

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