86.—(1) Subject to paragraph (2) recoverable excess benefits shall be due from the claimant or the person to whom the excess benefits were allowed.
(2) Where recoverable excess benefits are allowed to a claimant who has one or more partners, recovery of the excess may be made by deduction from any community charge benefits allowed to a partner, provided that the claimant and that partner were members of the same household both at the time that the excess benefits are allowed and when the deduction is made.