Council Tax Benefit (Transitional) Order 1992

Publication Date:January 01, 1992
 
FREE EXCERPT

1992No. 1909

SOCIAL SECURITY

The Council Tax Benefit (Transitional) Order 1992

3rdAugust1992

10thAugust1992

31stAugust1992

The Secretary of State for Social Security in exercise of the powers conferred by section 114 of the Local Government Finance Act 1992 ( a) and of all other powers enabling him in that behalf hereby makes the following Order:

Citation, commencement and interpretation

1.- (1) This Order may be cited as the Council Tax Benefit (Transitional) Order 1992 and shall come into force on 31st August 1992.

(2) In this Order unless the context otherwise requires-

"the Administration Act " means the Social Security Administration Act 1992 ( b) ;

"the Contributions and Benefits Act" means the Social Security Contributions and Benefits Act 1992( c);

"the 1992 Regulations" means the Council Tax Benefit (General) Regulations 1992( d);

"the 1989 Regulations" means the Community Charge Benefits (General) Regulations 1989( e);

"the 1987 Regulations" means the Housing Benefit (General) Regulations 1987( f);

"appropriate authority" means-

(a) in England and Wales, the billing authority to which Part I of the Local Government Finance Act 1992 refers,(b) in Scotland, the levying authority to which Part II of that Act refers;

"community charge benefits" means the benefits of that name to which section 123(1) of the Contributions and Benefits Act refers;

"council tax benefit" means the benefit of that name to which section 123(1) of the Contributions and Benefits Act refers( g);

"housing benefit" means the benefit of that name to which section 123(1) of the Contributions and Benefits Act refers;

"the relevant date" means 1st April 1993;

and other expressions have the same meanings as in the 1992 Regulations.

(a) 1992 c.14.

(b) 1992 c.5.

(c) 1992 c.4.

(d) S.I. 1992/1814.

(e) S.I.1989/1321.

(f) S.I.1987/1971.

(g) Section 123(1) was amended by the Local Government Finance Act 1992 Schedule 9 paragraph 1 which substituted "council tax benefit " for "community charge benefits " subject to a saving in respect of community charge benefits in section 118(4).

(3) Unless the context otherwise requires, in this Order a reference in an article to a numbered paragraph is a reference to the paragraph in that article bearing that number.

Transitional provision for claims

2.- (1) A claim for housing benefit under the 1987 Regulations or for community charge benefits under the 1989 Regulations made to the appropriate authority at any time in the period beginning with 31st August 1992 and ending with 31st March 1993, may in addition be treated as a claim for council tax benefit.

(2) Except in cases to which article 3 applies, where an appropriate authority is of the opinion that unless there is a change of circumstances a person will satisfy the conditions of entitlement for council tax benefit on the relevant date, it may invite him to claim council tax benefit from that date.

(3) Any claim for council tax benefit made under this Order or under the 1992 Regulations in the period prior to 1st April 1993, shall be treated as made in respect of a benefit period beginning on the relevant date, except where the claim is in respect of a period beginning on a later date, and regulation 62(10) of the 1992 Regulations (8 week time limit on claims in advance of entitlement) shall not apply to a claim so treated.

(4) A claim for community charge benefits under the 1989 Regulations made but not determined before the relevant date-

(a) shall remain effective, in respect of any period before that date, as a claim for benefit under those Regulations; and(b) shall be treated, in respect of any later period, as a claim for council tax benefit under the 1992 Regulations.

(5) Subject to the provisions of this Order, any claim for council tax benefit under the 1992 Regulations made or treated as made in accordance with paragraphs (3) or (4)(b) may be determined before the relevant date in accordance with those Regulations.

(6) A determination which is made awarding council tax benefit under the 1992 Regulations in accordance with paragraph (5)-

(a) may award that benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement will be satisfied from that date;(b) shall be subject to the conditions for entitlement satisfied on the relevant date; and(c) may be reviewed if any question arises as to the satisfaction of those conditions.

(7) Regulation 66(3) of the 1992 Regulations (time within which claims are to be determined) shall not apply to claims for council tax benefit made or treated as made under this article until 14 days before the relevant date.

(8) To determine a person's entitlement to council tax benefit under the 1992 Regulations for the purposes of this Order, the appropriate authority may require that person to furnish such certificates, documents, information and evidence as it may reasonably require.

Waiver of claims

3.- (1) Notwithstanding the provisions of section 1...

To continue reading

REQUEST YOUR TRIAL