F1PART 12Transitional provision

Annotations:
Amendments (Textual)

Transitional provision72

1

A person described in paragraph (2) is deemed to have made an application for council tax reduction on 1st April 2013.

2

A person referred to in paragraph (1) is a person—

a

who is entitled to council tax benefit on 31st March 2013;

b

who made an application for council tax benefit which is not determined before 1st April 2013;

c

whose entitlement to council tax benefit is wholly or partly suspended immediately before 1st April 2013;

d

other than a person described in sub-paragraphs (a) or (c), who has applied for a revision of a decision by a relevant authority under regulation 4(1) (revision of decisions) or 5(1) (late application for a revision) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (“the 2001 Regulations”) and whose application is pending immediately before 1st April 2013; and

e

other than a person described in sub-paragraphs (a) or (c), who has appealed against a decision of the First-tier Tribunal, the Upper Tribunal or a court in relation to a claim for council tax benefit and whose appeal is pending immediately before 1st April 2013.

3

For the purposes of sub-paragraph (2)(d) a revision of a decision relating to a claim for council tax benefit is pending if an application for a revision has been made but not been determined.

4

For the purposes of paragraph (2)(e) an appeal against a decision relating to a claim for council tax benefit is pending if—

a

an appeal against the decision has been brought but not determined;

b

an application for permission to appeal against the decision has been made but not determined; or

c

the time within which—

i

an application for permission to appeal may be made; or

ii

an appeal against the decision may be brought,

has not expired and one of the circumstances prescribed in regulation 11(3) of the 2001 Regulations apply.

5

Where an application for council tax reduction is deemed to be made in accordance with paragraph (1) and—

a

on 31st March 2013 the applicant by whom the application is deemed to have been made is a person to whom regulation 50(10) to (13) (date on which change of circumstances regarding non-dependants is to take effect) of the Council Tax Benefit (Persons who have attained the qualifying age for State Pension Credit) Regulations 2006 applies; and

b

the effective date for the purposes of the change of circumstances is a date after 31st March 2013,

that application is to be determined as though the change of circumstances has not taken place and is to be re-determined on the effective date to take account of the change of circumstances.