OpenLegislation

Article 17 Backdated benefit

Original text. Later amendments are not shown.

(1)

Subject to paragraph (2), where—

(a)

during the relevant year an appropriate authority has under paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner in which claims are to be made)f1, treated any claim for council tax benefit as made on a day earlier than that on which it was made (“backdated”); and

(b)

any part of that appropriate authority’s council tax benefit qualifying expenditure is attributable to such earlier period;

for the purposes of article 16(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the council tax benefit qualifying expenditure so attributable.

(2)

This article shall not apply in a case—

(a)

to which article 18(1)(b)(ii) applies; or

(b)

where—

(i)

the person claiming fell within regulation 4A(4)(g) of the Council Tax Benefit Regulationsf2;

(ii)

he made that claim on or after 21st June 1996, but before 24th July 1996; and

(iii)

an authority has backdated that claim.

Annotations

Footnotes

f1

Regulation 62(16) was amended by S.I. 1996/462.

f2

Sub-paragraph (g) was added by S.I. 1996/30 and section 11 of and paragraph 4 of Schedule 1 to the Asylum and Immigration Act 1996 (c. 49).