{
  "url": "https://openlegislation.uk/community-charge-benefits-transitional-order-1989/note",
  "json_url": "https://openlegislation.uk/community-charge-benefits-transitional-order-1989/note.json",
  "legislation": "uksi/1989/1322",
  "legislation_title": "The Community Charge Benefits (Transitional) Order 1989",
  "legislation_url": "https://openlegislation.uk/community-charge-benefits-transitional-order-1989",
  "path": "note",
  "kind": "note",
  "number": null,
  "heading": "Explanatory note",
  "text": "(This note is not part of the Order)\nThis Order makes transitional and consequential provisions in connection with the introduction of a statutory scheme for the awarding of community charge benefits under the Social Security Act 1986 (“the 1986 Act”), as amended by the Local Government Finance Act 1988 (“the 1988 Act”). This scheme is implemented with effect from 1st April 1990 (“the relevant date”) by the Community Charge Benefits (General) Regulations 1989 (“the new scheme”). Community charge benefits under the new scheme replace housing benefit with respect to domestic rates in England and Wales and community charge rebates in Scotland.\nIn England and Wales and in Scotland claims for community charge benefits may be made from 30th August 1989 to have effect from the relevant date or some later date. In England and Wales a charging authority may invite a person to make such a claim. Claims made before the relevant date may be determined before that date though an award of benefit may be reviewed if the entitlement conditions are not satisfied at that date. In Scotland claims for housing benefit in the form of community charge rebates made before that date may also be treated as claims for community charge benefits and claims for rebates made after that date may be backdated if good cause for the late claim is shown (article 2).\nClaims for community charge benefits under the new scheme need not be made by persons in receipt of housing benefit in England and Wales or community charge rebates in Scotland before the relevant date, where the authority responsible for awarding benefits determines no claim need be made. Entitlement to an award under the new scheme may be determined before the relevant date though the award may be reviewed either before or after the relevant date if the entitlement conditions are not satisfied (article 3).\nIn England and Wales, claims for community charge benefits to have effect from the relevant date may be treated as made on that date, where they are made either within 56 days of a claimant first being notified of the amount of a personal community charge for which he is liable or within 56 days of the relevant date where this is later. Where receipt of the first notice of payment was delayed in consequence of the failure of the claimant to notify the community charges registration officer that he was liable for the charge, subsequent claims may not be treated as made on the relevant date (article 4).\nWhere an authority makes a determination in advance of the relevant date, the time within which a person may apply for a review of that determination (6 weeks) will start to run only from the relevant date (article 5).\nIn Scotland recoverable overpayments of community charge rebates may be recovered under the new scheme in the same manner as excess benefits may be recovered under that scheme (article 6).\nThe Housing Benefit (General) Regulations 1987 are amended so as to extend, in England and Wales, the maximum benefit period on a claim for housing benefit made before 1st April 1990 to 80 weeks (article 7).",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1989/1322/note",
    "retrieved_at": "2026-10-29T15:39:43.287820+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}