# The Community Charge Benefits (General) Amendment Regulations 1991, Regulation 7: Substitution of regulation 76 of the principal Regulations


For regulation 76 of the principal Regulations (time and manner of granting community charge benefit in respect of personal community charges) there shall be substituted the following regulation—
“Time and manner of granting community charge benefit in respect of personal community charges in Scotland
76 (1) Subject to regulations 80, 81 and 82 (withholding of benefit, payments on death and offsetting) and paragraphs (2) to (4), where a person is entitled to community charge benefit in respect of his liability for a personal community charge in pursuance of the 1987 Act, as it has effect for the relevant or any subsequent financial year, the appropriate authority shall discharge his entitlement to that benefit by reducing, so far as possible, the amount of the personal community charge for which he is liable or, where this is not possible, shall pay to him the amount of the benefit to which he is entitled, within 14 days of the receipt of the claim at the designated office or, if that is not practicable, as soon as possible thereafter.
(2) Subject to paragraph (3), where the amount of community charge benefit to which a person is entitled exceeds his liability for any personal community charge, the appropriate authority may, so far as possible, reduce the next and any subsequent payments which he is liable to make in respect of any personal community charge of the authority as it has effect for the relevant or any subsequent year by the amount of the benefit in respect of which his entitlement remains undischarged, until that entitlement is fully discharged.
(3) Where the amount of any personal community charge for which a person remains liable in respect of a relevant chargeable financial year is insufficient to enable his entitlement to community charge benefit to be discharged in that year in accordance with paragraph (2), upon the final payment of that charge becoming due the outstanding balance of any benefit remaining owing to that person shall he paid to him by the appropriate authority if the person concerned so requires.
(4) Where a person is no longer liable to an authority for personal community charges and he has paid the charge or charges in respect of which he is entitled to community charge benefit, the authority shall pay the outstanding benefit to him within 14 days of it being determined that benefit is due or, if that is not practicable, as soon as possible thereafter.
(5) The appropriate authority, in any case to which this regulation applies, shall notify the person to whom community charge benefit is due of the amount of that benefit and the amount of any reduction made in his liability for a personal community charge or in the liability of any partner of his.”.

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Source: https://www.legislation.gov.uk/uksi/1991/234/regulation/7 (the official version)
Page: https://openlegislation.uk/community-charge-benefits-general-amendment-regulations-1991/regulation-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.