The Housing Benefit and Community Charge Benefit (Subsidy) Order 1992

Interpretation of Part III

16.—(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 section 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(2) refers;

“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 1992;

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

and other expressions shall have the same meanings 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 allowed by the appropriate authority during the relevant year, less—

(a) the deductions specified in article 22; and

(b) where, under subsection (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 not been so modified.

(1)

1986 c. 50.

(2)

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

(3)

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

(4)

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

(5)

S.I. 1989/1321, amended by S.I. 1990/834, 835, 1549, 1657, 1773, 1991/234, 849 and 1599.

(6)

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