Social Security Administration Act 1992

Community charge benefits

76Excess benefits

(1)Regulations may make provision as to any case where a charging authority or a levying authority has allowed a community charge benefit to a person and the amount allowed exceeds the amount to which he is entitled in respect of the benefit.

(2)As regards any case where the benefit is in respect of a personal community charge the regulations may provide that—

(a)a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b)any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (3) below as is prescribed as regards the case concerned, or by such combination of two or all three of the methods as is prescribed as regards the case concerned.

(3)The methods are—

(a)payment by the person concerned;

(b)addition to any amount payable in respect of the charge concerned;

(c)deduction from prescribed benefits.

(4)As regards any case where the benefit is in respect of a contribution period the regulations may provide that—

(a)a sum equal to the excess shall be due from the person concerned to the authority (whatever the form the benefit takes);

(b)any liability under any provision included under paragraph (a) above shall be met by such method mentioned in subsection (5) below as is prescribed as regards the case concerned, or by such combination of the methods as is prescribed as regards the case concerned;

(c)there is to be no adjustment as between the person concerned and the charge payer, or as between the charge payer and the authority concerned.

(5)The methods are—

(a)payment by the person concerned;

(b)deduction from prescribed benefits.

(6)In a case where the regulations provide that a sum or part of a sum is to be paid, and the sum or part is not paid on or before such day as may be prescribed, the regulations may provide that the sum or part shall be recoverable in a court of competent jurisdiction.

(7)For the purposes of subsection (4) above the charge payer is—

(a)in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the [1988 c. 41.] Local Government Finance Act 1988;

(b)in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987.

(8)The regulations may provide that they are not to apply as regards any case falling within a prescribed category.

77Shortfall in benefits

(1)Regulations may make provision as to any case where a charging authority or a levying authority has allowed a community charge benefit to a person and the amount allowed is less than the amount to which he is entitled in respect of the benefit.

(2)In particular, as regards any prescribed case where the benefit is in respect of a contribution period the regulations may provide that—

(a)a sum equal to the difference shall be due from the authority to the person concerned;

(b)any liability under any provision included under paragraph (a) above shall be met by payment and not by such reductions as are mentioned in section 138(4) below (whatever the form the benefit actually allowed takes);

(c)there is to be no adjustment as between the person concerned and the charge payer, or as between the charge payer and the authority concerned.

(3)For the purposes of subsection (2) above the charge payer is—

(a)in relation to England and Wales, the person who is liable to pay an amount in respect of the collective community charge concerned under section 15 of the [1988 c. 41.] Local Government Finance Act 1988;

(b)in relation to Scotland, the person who is liable to pay the collective community charge under section 11(5) of the [1987 c. 47.] Abolition of Domestic Rates Etc. (Scotland) Act 1987.