The Council Tax Benefit (Permitted Total) Order 1994

• Citation: S.I. 1994/2138
• Sections: 3

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Council Tax Benefit (Permitted Total) Order 1994 and shall come into force on 3rd October 1994 immediately after the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) ( No. 2) Regulations 1994 .

(2) In this Order—

“council tax benefit” means council tax benefit under Part VII of the Social Security Contributions and Benefits Act 1992 ;

“the Council Tax Benefit Regulations ” means the Council Tax Benefit (General) Regulations 1992 ;

“increase in council tax benefit” means the difference between—

in a case in which an authority makes a determination under regulation 51(5) or 54(4) of the Council Tax Benefit Regulations (increase in the appropriate maximum council tax benefit or alternative maximum council tax benefit) , the amount of council tax benefit granted; and

the amount of council tax benefit which would have been granted in that case if the authority had not made a determination under the said regulation 51(5) or 54(4).

Section 2 Permitted total of benefit

For the purpose of section 139(10) of the Social Security Administration Act 1992, the permitted total of council tax benefit for any year commencing on or after 1st April 1995 in relation to an authority shall be the amount obtained by deducting 100% of any increases in council tax benefit granted by that authority during that year from the total council tax benefit granted by that authority during that year and multiplying the resulting figure by 100.1%.

Section 3 Revocation and transitional

(1) Subject to paragraph (2), the Council Tax Benefit (Permitted Total) Order 1993 is hereby revoked.

(2) The Council Tax Benefit (Permitted Total) Order 1993 shall continue to have effect in respect of the year commencing on 1st April 1994 as if in article 2 of that Order after the words “exceptional circumstances)” there were inserted the words “and, in cases in which that authority during the period from 3rd October 1994 to 31st March 1995 makes a determination under regulation 51(5) or 54(4) of the Council Tax Benefit Regulations, any increases in council tax benefit within the meaning of article 1(2) of the Council Tax Benefit (Permitted Total) Order 1994,”.