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Article 22 Deductions to be made in calculating subsidy in respect of community charge benefit

Original text. Later amendments are not shown.

(1)

The deductions referred to in article 16(2) are, subject to paragraph (2), of the following amounts, namely–

(a)

where an appropriate authority has allowed excess community charge benefit falling within regulation 83(a) to (d) of the Community Charge Benefits Regulationsf1(meaning of excess benefits), the amount attributable to that excess;

(b)

where an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulationsf2(increases of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;

(c)

where during the relevant year an amount is recovered in relation to excess community charge benefit which was allowed in consequence of departmental error within the meaning of article 20(4) and where the excess benefit had occurred and been discovered in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount so recovered;

(d)

where during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount of the excess benefits, but only to the extent that–

(i)

the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under either article 15 of the 1991 Order or article 16 of the 1992 Order, as the case may be; and

(ii)

the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made);

(e)

where during the relevant year any instrument of payment which was issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.

(2)

Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.

Annotations

Footnotes

f1

Regulation 83 was amended by S.I. 1990/834 and 1991/849.

f2

Regulation 58 was amended by S.I. 1990/834.