The Community Charge Benefits (General) Amendment (No. 2) Regulations 1991

• Citation: S.I. 1991/849
• Sections: 9

Section 1 Citation commencement and interpretation

(1) These Regulations may be cited as the Community Charge Benefits (General) Amendment (No. 2) Regulations 1991 and shall come into force on 1st April 1991.

(2) In these Regulations “the principal Regulations ” means the Community Charge Benefits (General) Regulations 1989 .

Section 2 Revocation of regulation 52 of the principal Regulations

Regulation 52 of the principal Regulations (minimum community charge benefit) is hereby revoked.

Section 3 Amendment of regulation 60 of the principal Regulations

In regulation 60 of the principal Regulations (time and manner in which claims are to be made)–

(a) in paragraph (6) after the word “paragraphs” there shall be inserted “(6A),”;

(b) after paragraph (6) there shall be inserted the following new paragraph–

(6A) Where –

(a) a claimant satisfies the conditions for entitlement to community charge benefit in respect of a period beginning on or after 1st April 1991; and

(b) makes a claim for benefit for that period; and

(c) that claim is made not later than 56 days after there has been served on him a demand (complying with regulations under the 1988 Act) which is expressed to take account of the provisions of the Community Charges (General Reduction) Act 1991 or, in Scotland, there has been issued to him a demand notice which complies with paragraph 2 of Schedule 2 to the 1987 Act as modified by or under section 3(4) of the Community Charges (General Reduction) Act 1991,

the claim shall be treated as having been made on the first day of the period in respect of which he satisfies the conditions for entitlement to benefit and for which the claim is made.

Section 4 Amendment of regulation 65 of the principal Regulations

In regulation 65 of the principal Regulations (notification of determinations)–

(a) at the beginning there shall be inserted the words–

(1) Subject to paragraph (2),

(b) after paragraph (1) there shall be added the following paragraph–

(2) No notification is required under this regulation where a determination relates to a change in the amount of a person’s benefit and that change is solely in consequence of a reduction of an appropriate authority’s personal community charge under the Community Charges (General Reduction) Act 1991.

Section 5 Amendment of regulation 67 of the principal Regulations

In regulation 67 of the principal Regulations (review of determinations)–

(a) in paragraph (1) at the beginning there shall be inserted the words “Subject to paragraph (1A),”;

(b) after paragraph 1 the following paragraph shall be inserted–

(1A) Where the change of circumstances is a reduction of the appropriate authority’s personal community charge in consequence of the Community Charges (General Reduction) Act 1991, the authority shall review all determinations or decisions of a Review Board awarding benefit in respect of that charge before the reduction was made under that Act and shall determine the benefit due in respect of the reduced amount of the charge in each case.

Section 6 Amendment of regulation 76 of the principal Regulations

In regulation 76 of the principal Regulations (time and manner of granting community charge benefit in respect of community charges in Scotland) after paragraph (5) there shall be added the following paragraph–

(6) Where a personal community charge is reduced solely in consequence of the Community Charges (General Reduction) Act 1991 a notice to the claimant in respect of that reduction need not be given.

Section 7 Amendment of regulation 76A of the principal Regulations

In regulation 76A(2) of the principal Regulations (notices to be given in England and Wales concerning the amount of a person’s community charge benefit and the manner in which entitlement shall be discharged) at the end there shall be added the words “, except that where a personal community charge is reduced solely in consequence of the Community Charge (General Reduction) Act 1991 a notice under this regulation in respect of that reduction need not be given.”.

Section 8 Amendment of regulation 83 of the principal Regulations

In regulation 83 of the principal Regulations (meaning of excess benefits) at the end the word “or” and following sub-paragraph shall be added–

(d) a reduction in the amount of the appropriate authority’s personal community charge in consequence of the Community Charges (General Reduction) Act 1991.

Section 9 Amendment of regulation 84 of the principal Regulations

In regulation 84 of the principal Regulations (recoverable excess benefits) in paragraph (4) for the words “regulation 83(a) to (c)” there shall be substituted the words “regulation 83(a) to (d)”.