The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997

Backdated benefit

5.—(1) Subject to paragraph (2), where —

(a) during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations (time and manner of claiming)(1), treated any claim as made on a day earlier than that on which it is made (“backdated”); and

(b) any part of that authority’s housing benefit qualifying expenditure is attributable to such earlier period,

for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the housing benefit qualifying expenditure so attributable.

(2) This article shall not apply in a case—

(a) to which article 10(1)(b)(ii) applies; or

(b) where—

(i) the person claiming fell within regulation 7A(4)(g) of the Housing Benefit Regulations (certain persons from abroad)(2);

(ii) he made that claim on or after 21st June 1996, but before 24th July 1996, and

(iii) an authority has backdated that claim.

(1)

Regulation 72(15) was amended by S.I. 1996/462.

(2)

Sub-paragraph (g) was added by S.I. 1996/30 and section 11 of and paragraph 3 to the Asylum and Immigration Act 1996 (c. 49).