The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

Interpretation

15.—(1) In this Part of this Order, unless the context otherwise requires—

“the Act” means the Social Security Act 1986(1);

“appropriate authority” means a charging authority to which 31B(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 31B(3) of the Act refers(2);

“community charge benefit subsidy” means subsidy under section 31F of the Act(3);

“excess benefits” has the meaning assigned to it by regulation 83 of the Community Charge Benefits Regulations(4)

“relevant year” means the year ending 31st March 1991;

“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989(5),

and other expressions shall have the same meaning as in the Community Charge Benefits Regulations.

(2) In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits granted by the appropriate authority during the relevant year, less—

(a) the deductions specified in article 21; and

(b) where, under sub-section (6) of section 31B of the Act(6) (arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had been so modified.

(1)

1986 c. 50.

(2)

Section 31B of the Social Security Act 1986 (c. 50) was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.

(3)

Section 31F of the Social Security Act 1986 (c. 50) was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.

(4)

Regulation 83 was amended by regulation 24 of S.I. 1990/834.

(5)

S.I. 1989/1321, amended by 1990/834, 835, 1549, 1657 and 1773.

(6)

Section 31B(6) allows modifications of the community charge benefit scheme so as to provide for the disregard from income of a war disablememnt pension or a war widow’s pension.