Amendment of the Housing Benefit Regulations 2006

2.—(1) The Housing Benefit Regulations 2006(1) shall be amended as follows.

(2) In regulation 101 (persons from whom recovery may be sought)—

(a) after paragraph (2) insert—

“(2A) Where an overpayment is made in a case where a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received.”; and

(b) in paragraph (3) for “paragraph (1)” substitute “paragraphs (1) and (2A)”.

(1)

S.I. 2006/213; the relevant amending instrument is S.I 2005/2904 (as amended by S.I. 2006/217).