The Housing Benefit and Council Tax Benefit (Subsidy) Order 1994

Interpretation of Part III

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

• “appropriate authority” means, in the case of an authority in England or Wales, a billing authority to which section 139(2) of the Act (arrangements for benefits) refers or, in the case of an authority in Scotland, a levying authority to which section 139(3) of the Act(1) refers;

• “council tax benefit subsidy” means subsidy under section 140(2) of the Act;

• “the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989(3);

• “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(4);

and other expressions used in this Order and in the Community Charge Benefits Regulations or the Council Tax Benefit Regulations, as the case may be, shall have the same meanings in this Order as in those Regulations.

(2) In this part of this Order—

• “council tax benefit qualifying expenditure” means the total of council tax benefit and community charge benefits granted by the appropriate authority during the relevant year, less—

  (a)

  the deductions specified in article 19; and

  (b)

  where, under subsection (6) of section 139 of the Act(5) (arrangements for council tax benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the council tax and 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)

S.I.1985/677.

(2)

Section 139 was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 20.

(3)

Section 140 was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21, but the section as originally enacted contains in force by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and Transitional Order 1993 (S.I. 1993/232).

(4)

S.I.1989/1321, amended by S.I.1990/834, 835, 1549, 1657, 1773, 1991/234, 849, 1599, 2742, 2910, 1992/432, 1026, 1101, 326, 1385, 2148 and 1993/1105.

(5)

S.I.1992/1814, amended by S.I.1993/349, 688, 963, 1150, 1249, 1540 and 2118.