Section 75 | Overpayments of housing benefit

(1)Except where regulations otherwise provide, any amount of housing benefit determined in accordance with regulations to have been paid in excess of entitlement may be recovered ... either by the Secretary of State or by the authority which paid the benefit.^F1F2

(2)Regulations may require such an authority to recover such an amount in such circumstances as may be prescribed.

(3)An amount recoverable under this section shall be recoverable—^F3

(a)except in such circumstances as may be prescribed, from the person to whom it was paid; and^F3

(b)where regulations so provide, from such other person (as well as, or instead of, the person to whom it was paid) as may be prescribed.^F3

(4)Any amount recoverable under this section may, without prejudice to any other method of recovery, be recovered by deduction from prescribed benefits.

(5)Where an amount paid to a person on behalf of another person is recoverable under this section, subsections (3) and (4) above authorise its recovery from the person to whom it was paid by deduction—^F4

(a)from prescribed benefits to which he is entitled;^F4

(b)from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid; or^F4

(c)from prescribed benefits paid to him to discharge (in whole or in part) an obligation owed to him by any other person.^F4

(6)Where an amount is recovered as mentioned in paragraph (b) of subsection (5) above, the obligation specified in that paragraph shall in prescribed circumstances be taken to be discharged by the amount of the deduction; and where an amount is recovered as mentioned in paragraph (c) of that subsection, the obligation specified in that paragraph shall in all cases be taken to be so discharged.^F4

(7)Where any amount recovered under this section is to be recovered otherwise than by deduction from prescribed benefits—^F4

(a)if the person from whom it is recoverable resides in England and Wales and the county court so orders, it is recoverable under section 85 of the County Courts Act 1984 or otherwise as if it were payable under an order of that court; and^F4F5

(b)if he resides in Scotland, it may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland.^F4

(8)Regulations may provide for amounts recoverable under this section to be recovered by deductions from earnings.^F6

(9)In subsection (8) above “earnings“ has such meaning as may be prescribed.^F6

(10)Regulations under subsection (8) above may include provision—^F6

(a)requiring the person from whom an amount is recoverable (“the beneficiary”) to disclose details of their employer, and any change of employer, to the Secretary of State or the authority which paid the benefit;^F6

(b)requiring the employer, on being served with a notice by the Secretary of State or the authority which paid the benefit, to make deductions from the earnings of the beneficiary and to pay corresponding amounts to the Secretary of State or that authority;^F6

(c)as to the matters to be contained in such a notice and the period for which a notice is to have effect;^F6

(d)as to how payment is to be made to the Secretary of State or the authority which paid the benefit;^F6

(e)as to a level of earnings below which earnings must not be reduced;^F6

(f)allowing the employer, where the employer makes deductions, to deduct a prescribed sum from the beneficiary's earnings in respect of the employer's administrative costs;^F6

(g)requiring the employer to keep records of deductions;^F6

(h)requiring the employer to notify the Secretary of State or the authority which paid the benefit if the beneficiary is not, or ceases to be, employed by the employer;^F6

(i)creating a criminal offence for non-compliance with the regulations, punishable on summary conviction by a fine not exceeding level 3 on the standard scale;^F6

(j)with respect to the priority as between a requirement to deduct from earnings under this section and—^F6

(i)any other such requirement;^F6

(ii)an order under any other enactment relating to England and Wales which requires deduction from the beneficiary's earnings;^F6

(iii)any diligence against earnings.^F6