The Housing Benefit and Community Charge Benefit (Subsidy) Order 1992

Additions to housing benefit subsidy

12.—(1) The additions referred to in article 4(1) shall be of the following amounts where—

(a) following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;

(b) subject to paragraph (2), during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990 and 31st March 1991, as the case may be, and an amount is to be deducted under article 13 in relation to that overpayment, an amount equal to—

(i) in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment;

(ii) in the case of an overpayment caused by official error within the meaning of article 11(3), 95 per cent. of so much of the overpayment as has not been recovered by the authority and nil per cent. of the overpayment which has been recovered by the authority; or

(iii) in the case of a technical overpayment within the meaning of article 11(4), 15 per cent. of the overpayment for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the overpayment;

(iv) in the case of any other overpayment, 25 per cent. of the overpayment.

(2) The amount under paragraph (1)(b) shall not include an amount in relation to an overpayment of community charge rebate made in the year ending 31st March 1990 but discovered in the relevant year as a result of a reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987(1) (reduced liability for personal community charge).

(1)

1987 c. 47. Section 9A was inserted by section 143 of the Local Government and Housing Act 1989 (c. 42).