The Housing Benefit and Council Tax Benefit (Amendment) Regulations 1995

• Citation: S.I. 1995/511
• Sections: 4

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Amendment) Regulations 1995 and shall come into force on 6th March 1995.

(2) In these Regulations, unless the context otherwise requires–

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

“the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations 1987 .

Section 2 Amendment of regulation 68 of the Housing Benefit Regulations

Regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) shall be amended as follows–

(a) in paragraph (1), for the words “to (6)” there shall be substituted the words “to (7)”, and

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

(7) Without prejudice to paragraph (6), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

Section 3 Amendment of regulation 59 of the Council Tax Benefit Regulations

Regulation 59 of the Council Tax Benefit Regulations (date on which change of circumstances is to take effect) shall be amended as follows–

(a) in paragraph (1), for the words “to (8)” there shall be substituted the words “to (9)”, and

(b) after paragraph (8) there shall be inserted the following new paragraph–

(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

Section 4 Transitional

Where a change of circumstances occurs as a result of the payment of arrears of any income (and for the avoidance of doubt income includes any benefit within the meaning of the Social Security Contributions and Benefits Act 1992 ) which affects a determination or decision in respect of entitlement to, or the amount of, housing benefit or council tax benefit before 6th March 1995, regulations 2 and 3 shall, in so far as they relate to arrears of income paid in respect of a period before that date, be treated as if they had not been made.