Statutory Instruments

1994 No. 2138

SOCIAL SECURITY

The Council Tax Benefit (Permitted Total) Order 1994

Made

12th August 1994

Laid before Parliament

19th August 1994

Coming into force

3rd October 1994

The Secretary of State for Social Security, in exercise of the powers conferred by sections 139(10) and 189(1), (4) and (5) of the Social Security Administration Act 1992(1) and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned(2), hereby makes the following Order:

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Council Tax Benefit (Permitted Total) Order 1994 and shall come into force on 3rd October 1994 immediately after the Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) (No. 2) Regulations 1994(3).

(2) In this Order-

"council tax benefit" means council tax benefit under Part VII of the Social Security Contributions and Benefits Act 1992(4);

"the Council Tax Benefit Regulations" means the Council Tax Benefit (General) Regulations 1992(5);

"increase in council tax benefit" means the difference between-

(a)in a case in which an authority makes a determination under regulation 51(5) or 54(4) of the Council Tax Benefit Regulations (increase in the appropriate maximum council tax benefit or alternative maximum council tax benefit)(6), the amount of council tax benefit granted; and

(b)the amount of council tax benefit which would have been granted in that case if the authority had not made a determination under the said regulation 51(5) or 54(4).

Permitted total of benefit

2. For the purpose of section 139(10) of the Social Security Administration Act 1992, the permitted total of council tax benefit for any year commencing on or after 1st April 1995 in relation to an authority shall be the amount obtained by deducting 100% of any increases in council tax benefit granted by that authority during that year from the total council tax benefit granted by that authority during that year and multiplying the resulting figure by 100.1%.

Revocation and transitional

3.-(1) Subject to paragraph (2), the Council Tax Benefit (Permitted Total) Order 1993(7) is hereby revoked.

(2) The Council Tax Benefit (Permitted Total) Order 1993 shall continue to have effect in respect of the year commencing on 1st April 1994 as if in article 2 of that Order after the words "exceptional circumstances)" there were inserted the words "and, in cases in which that authority during the period from 3rd October 1994 to 31st March 1995 makes a determination under regulation 51(5) or 54(4) of the Council Tax Benefit Regulations, any increases in council tax benefit within the meaning of article 1(2) of the Council Tax Benefit (Permitted Total) Order 1994,".

Signed by authority of the Secretary of State for Social Security.

William Hague

Minister of State,

Department of Social Security

12th August 1994

Explanatory Note

(This note is not part of the Order)

This Order sets out the basis for calculating the permitted total of council tax benefit for any year for authorities granting such benefit under Part VIII of the Social Security Administration Act 1992, and limits the amount by which council tax benefit payments may be increased on account of payments to claimants whose circumstances are exceptional.

(1)

1992 c. 5; section 139 was amended by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 20.

(2)

See section 176(1) of the Social Security Administration Act 1992 (c. 5).

(3)

S.I. 1994/2137.

(4)

Council tax benefit was substituted for community charge benefits in Part VII by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1.

(5)

S.I. 1992/1814.

(6)

Regulations 51(5) and 54(4) were added by S.I. 1994/2137.

(7)

S.I. 1993/689.