Article 3 Waiver of claims

(1)

Notwithstanding the provisions of section 165A of the Social Security Act^f1 (necessity of claims for entitlement to benefit), the appropriate authority may determine that, with respect to–

(a)

any person in England and Wales who before the relevant date was in receipt of housing benefit under the General Regulations, or

(b)

any person who has been awarded community charge rebates under the Rebates Regulations for a benefit period which includes 31st March 1990,

it shall not be a condition of entitlement to community charge benefits under the Benefits Regulations that a claim for such benefits has been made; and, where the authority so determines the provisions of the Act and regulations made thereunder shall apply, subject to the following provisions of this Order, as if a claim for those benefits had been duly made by or on behalf of a person to whom this paragraph applies in respect of a period commencing on the relevant date.

(2)

Where by virtue of paragraph (1) a person’s entitlement to community charge benefits falls to be determined as if a claim for it has been made–

(a)

in the case of a person to whom paragraph (1)(a) applies, his entitlement may be determined at an earlier date than the relevant date if that person is entitled to a rebate or allowance under the General Regulations at that earlier date, or

(b)

in the case of a person to whom paragraph (1)(b) applies, his entitlement may be determined at an earlier date if that person is entitled to community charge rebates under the Rebates Regulations at that earlier date,

and any entitlement to community charge benefits shall be determined in accordance with the Benefits Regulations as if the whole of those Regulations were in force.

(3)

A determination which is made awarding community charge benefit under the Benefit Regulations in accordance with paragraph (2)–

(a)

may award 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 being satisfied on the relevant date;

(c)

may be reviewed if any question arises as to the satisfaction of those conditions.

Annotations

Footnotes

f1: 1975 c. 14; section 165A was substituted by paragraph 87 of Schedule 10 to the Social Security Act 1986 (c. 50) and amended by the Social Security Act 1989 (c. 24) Schedule 8 paragraph 9. It applies to community charge benefits by virtue of section 20(1)(d) of the 1986 Act as inserted by the Local Government Finance Act 1988 (c. 41) Schedule 10 paragraph 2(2) and Schedule 10 paragraph 48 of the 1986 Act.