The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001

Other consequential amendments

9.—(1) In the Council Tax Benefit Regulations—

(a) in regulation 59(1)(1), for the words “and regulation 59A” there shall be substituted the words “, regulation 59A or regulation 8(3) of the Decisions and Appeals Regulations”;

(b) for regulation 84(3), there shall be substituted the following paragraph—

“(3) In paragraph (2), “excess benefit allowed 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 authority;

(b) an officer or person acting for that authority;

(c) an officer of—

(i) the Department of Social Security;

(ii) the Department for Education and Employment;

(iii) the Commissioners of the Inland Revenue,

acting as such; or

(d) a person providing services to either Department or to the Commissioners referred to in (c),

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.”.

(2) In the Housing Benefit Regulations—

(a) in regulation 11(1A)(b)(2), for the words “superseding decision” there shall be substituted the words “decision made under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000”;

(b) in regulation 68—

(i) in paragraph (1)(3), for the words “or regulation 68A” there shall be substituted the words “, regulation 68A or regulation 8(3) of the Decisions and Appeals Regulations”;

(ii) at the beginning of paragraph (2), there shall be inserted the words “Except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies,”;

(c) in regulation 96(1)(4), the words “, including any payment withheld under regulation 95(1) or (2),” shall be omitted;

(d) for regulation 99(3), there shall be substituted the following paragraph—

“(3) In paragraph (2), “overpayment caused by official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a) the relevant authority;

(b) an officer or person acting for that authority;

(c) an officer of—

(i) the Department of Social Security;

(ii) the Department for Education and Employment;

(iii) the Commissioners of the Inland Revenue,

acting as such; or

(d) a person providing services to either Department or to the Commissioners referred to in (c),

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.”.

(1)

The relevant amending instrument is S.I. 2000/897.

(2)

Regulation 11(1A) was inserted by S.I. 2001/1324.

(3)

The relevant amending instrument is S.I. 2000/897.

(4)

Regulation 96(1) was amended by S.I. 1992/2148.