Explanatory note

This Order makes transitional and consequential provisions in connection with the introduction of a statutory scheme for the awarding of council tax benefit under the Social Security Administration Act 1992 and the Social Security Contributions and Benefits Act 1992 as amended by the Local Government Finance Act 1992. This scheme is implemented with effect from 1st April 1993 ( “the relevant date ”) by the Council Tax Benefit (General) Regulations 1992 ( “the new scheme ”). Council tax benefit under the new scheme replaces community charge benefits.

Claims for either housing benefit or community charge benefits made in the period from 31st August 1992 to 31st March 1993 may be treated as claims for council tax benefit by the authority to whom they are made. Any such claim may be determined before the relevant date but the determination may be reviewed where a question arises as to the satisfaction of the conditions for an award of benefit. (article 2).

Claims for council tax benefit need not be made before the relevant date where the authority responsible for awarding that benefit determines that no claim need be made. Entitlement to an award may be determined before the relevant date though the award may be reviewed either before or after that date if the entitlement conditions are not satisfied. (article 3).

Claims for council tax benefit to have effect from the relevant date may be treated as made on that date where they are made within 56 days of the claimant receiving his first council tax demand notice, or are made within 56 days of the relevant date whichever is the later. Where the receipt of the first demand notice is delayed in consequence of an act or omission of the claimant claims more than 56 days after the relevant date shall not be treated as made on that date. (article 4).

Where 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 run from the relevant date. (article 5).

Recoverable overpayments of community charge benefits may be recovered under the new scheme in the same manner as excess benefits may be recovered under that scheme. (article 6).

A person to whom community charge benefit remains owing by an appropriate authority at the relevant date, may be awarded the outstanding benefit in the form of a reduction of his liability for council tax owed to that authority. (article 7).

Provision is made as to the information to be provided by an appropriate authority to the Secretary of State in the case of claimants for council tax benefit in respect of whom a determination as to their entitlement for benefit is made under this Order. (article 8).