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" "new incentive scheme" means the scheme set out in the following circulars issued by the Secretary of State[5] - 
     HB/CTB F12/2000; and



HB/CTB F19/2001;".

    (2) In paragraph 1(2) of Schedule 5 to the principal Order (benefit savings threshold)[6], the definition of "new incentive scheme" shall be omitted.

Amendment of article 14 of the principal Order
     3. In article 14(2) of the principal Order (backdated benefit)[7], for "18(1)(b)(iii)" there shall be substituted "18(1)(b)(iia) or (iii)".

Amendment of article 18 of the principal Order
     4.  - (1) Article 18 of the principal Order (additions to subsidy)[8] shall be amended in accordance with the following provisions of this article.

    (2) In paragraph (1) - 

(a) before sub-paragraph (b)(iii) there shall be inserted - 


" (iia) in the case of a claimant error overpayment, or of a fraudulent overpayment made by an authority which is operating the new incentive scheme, 40 per cent. of the overpayment;";



(b) in sub-paragraph (b)(iii), after "fraudulent overpayment" there shall be inserted "to which head (iia) does not apply";

(c) in sub-paragraph (b)(iv), after "overpayment" there shall be inserted "or, where the overpayment is made by an authority operating the new incentive scheme, 40 per cent. of the overpayment";

(d) in sub-paragraph (c), after "80 per cent." there shall be inserted "or, in a case where the discovery is made by an authority which is operating the new incentive scheme, 40 per cent.".

    (3) Before paragraph (5) there shall be inserted - 

    " (4A) In paragraph (1)(b)(iia), "claimant error overpayment" means an overpayment made by an authority which is operating the new incentive scheme, where the overpayment - 


(a) is caused by - 


(i) the claimant, or

(ii) a person acting on the claimant's behalf under regulation 71 of the Housing Benefit Regulations (who may claim housing benefit)[9] or regulation 61 of the Council Tax Benefit Regulations (who may claim council tax benefit)[10],



failing to provide information in accordance with regulation 72(1), 73 or 75 of, or paragraph 5 of Schedule A1 to, the Housing Benefit Regulations (duties on claimant to provide information)[11] or regulation 62(1), 63 or 65 of, or paragraph 5 of Schedule A1 to, the Council Tax Benefit Regulations (duties on claimant to provide information)[12]; and

(b) is not a fraudulent overpayment.".

    (4) In paragraph (5), for "paragraphs (1)(b)(iii) and (c)" there shall be substituted "paragraphs (1)(b)(iia) and (iii) and (c) and (4A)".



Signed by authority of the Secretary of State for Work and Pensions.


Malcolm Wicks
Parliamentary Under-Secretary of State Department for Work and Pensions

12th December 2002



We consent,


Nick Ainger

Philip Woolas
Two of the Lords Commissioners of Her Majesty's Treasury

16th December 2002

[2] 1992 c. 5. Sections 140B and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996, section 140B(1) was amended by paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47), section 140B(4) was substituted by section 10 of the Social Security Administration (Fraud) Act 1997, section 189(1) and (4) to (6) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14), section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Security Contributions (Transfer of Functions, etc.) Act 1999 and section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and paragraph 10 of Schedule 1 to the Social Security Administration (Fraud) Act 1997.back

[3] See section 176(1) of the Social Security Administration Act 1992; amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.back

[4] S.I. 1998/562. Relevant amending instruments are S.I.s 1999/550, 2000/1091, 2000/2340 and 2002/1859.back

[5] These circulars are published by the Department for Work and Pensions and copies may be obtained from DWP, Adelphi, London WC2N 6HT.back

[6] The definition of "new incentive scheme" was inserted by S.I. 2002/1859.back

[7] Relevant amending instrument is S.I. 2000/1091.back

[8] Relevant amending instruments as S.I.s 1999/550, 2000/1091 and 2000/2340.back

[9] Amending instruments are S.I.s 1999/3108, 2000/897, 2001/1605 and 2002/1703.back

[10] Amending instruments are S.I.s 1993/688, 1999/3108, 2001/897 and 2001/1605.back

[11] Amending instruments are: for regulation 72(1) S.I.s 1996/2432, 2000/897 and 2001/1605; for regulation 73 S.I.s 1992/432, 1992/1101, 1992/2148, 1993/963, 1993/1249, 1995/2303, 2000/897 and 2001/1605; for regulation 75 S.I.s 1990/546, 1996/1510, 1999/1539, 1999/3108, 2000/897 and 2001/1605. Schedule A1 was inserted by S.I. 1996/2432 and was amended by S.I. 2001/1605.back

[12] Amending instruments are: for regulations 62(1) S.I.s 1996/2432, 2000/897 and 2001/1605; for regulation 63 S.I.s 1993/688, 1993/963, 1993/1249, 1995/2303, 2000/897 and 2001/1605; for regulation 65 S.I.s 1996/1510, 1999/1539, 1999/3108, 2000/897 and 2001/1605. Schedule A1 was inserted by S.I. 1996/2432 and was amended by S.I. 2001/1605.back

  Prepared 23 December 2002