The Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995

Termination of benefit periods E+W

4.—(1) Without prejudice to any right or power of an authority under the 1987 or 1992 Regulations, but subject to paragraphs (2) and (4) below, in any case where an abolished authority or, as the case may be, a relinquishing authority for a transferred area had made an award of benefit under either of those Regulations, the successor or, as the case may be, acquiring authority, may determine that the benefit period for any such award shall be brought to an end on such date as that authority may determine.

(2) Any determination to end a benefit period under paragraph (1) above—

(a) shall be made within the period of six months beginning with the reorganisation date for that authority;

(b) shall be of no effect unless—

(i) that determination has been notified to the claimant as though that determination were a determination made under the 1987 or 1992 Regulations, as the case may be; and

(ii) the authority has invited the person whose benefit period has been brought to an end to make a claim for a further grant of housing benefit or council tax benefit, as the case may be.

(3) Any claim received within 4 weeks of the end of the benefit period terminated under paragraph (1), following an invitation issued in accordance with (2)(b)(ii), shall have effect as if made on the date following the day on which the benefit period ended.

(4) Notwithstanding the provisions of section 63(3) of the Administration Act, there shall be no review or further review under regulation 79 M1 or 81 M2 of the 1987 Regulations or regulation 69 M3 or 70 M4 of the 1992 Regulations (reviews and further reviews of determinations) of any determination made under this regulation.

(5) Expressions used in this regulation shall have, unless the context otherwise requires, the same meaning as they have in the 1987, or as the case may be, 1992 Regulations.

Marginal Citations

M1 Regulation 79 was amended by S.I. 1990/1549, 1992/432, 1993/1150 and 1994/2137.

M2 Regulation 81 was amended by S.I. 1990/546, 1993/317 and 1994/2137.

M3 Regulation 69 was amended by S.I. 1993/1150 and 1994/2137.

M4 Regulation 70 was amended by S.I. 1993/688 and 1994/2137.