Search Legislation

Local Government Finance Act 1992

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government Finance Act 1992. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Local Government Finance Act 1992

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Social Security Contributions and Benefits Act 1992 (c. 4)E+W+S

1(1)In subsection (1) of section 123 of the Social Security Contributions and Benefits Act 1992 (income-related benefits), for paragraph (e) there shall be substituted the following paragraph—E+W+S

(e)council tax benefit.

(2)For subsections (4) to (6) of that section there shall be substituted the following subsection—

(4)Each billing or levying authority—

(a)shall take such steps as appear to it appropriate for the purpose of securing that any person who may be entitled to council tax benefit in respect of council tax payable to the authority becomes aware that he may be entitled to it; and

(b)shall make copies of the council tax benefit scheme, with any modifications adopted by it under the Administration Act, available for public inspection at its principal office at all reasonable hours without payment.

2F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1Sch. 9 para. 2 repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), ss. 60, 69, Sch. 6; S.I. 2003/962, art. 2(3)(c)(e), Sch. 1 (with savings and transitional provisions in arts. 3-5)

3In subsection (2) of section 130 of that Act (housing benefit), for the words from “mortgage payments" to the end there shall be substituted the following paragraphs—E+W+S

(a)payments to a billing or levying authority in respect of council tax; or

(b)mortgage payments, or, in relation to Scotland, payments under heritable securities.

4For section 131 of that Act there shall be substituted the following section—E+W+S

Council tax benefitE+W+S

131 Council tax benefit.

(1)A person is entitled to council tax benefit in respect of a particular day falling after 31st March 1993 if the following are fulfilled, namely, the condition set out in subsection (3) below and either—

(a)each of the two conditions set out in subsections (4) and (5) below; or

(b)the condition set out in subsection (6) below.

(2)Council tax benefit—

(a)shall not be allowed to a person in respect of any day falling before the day on which his entitlement is to be regarded as commencing for that purpose by virtue of paragraph (l) of section 6(1) of the Administration Act; but

(b)may be allowed to him in respect of not more than 6 days immediately following the day on which his period of entitlement would otherwise come to an end, if his entitlement is to be regarded by virtue of that paragraph as not having ended for that purpose.

(3)The main condition for the purposes of subsection (1) above is that the person concerned—

(a)is for the day liable to pay council tax in respect of a dwelling of which he is a resident; and

(b)is not a prescribed person or a person of a prescribed class.

(4)The first condition for the purposes of subsection (1)(a) above is that there is an appropriate maximum council tax benefit in the case of the person concerned.

(5)The second condition for the purposes of subsection (1)(a) above is that—

(a)the day falls within a week in respect of which the person concerned has no income;

(b)the day falls within a week in respect of which his income does not exceed the applicable amount; or

(c)neither paragraph (a) nor paragraph (b) above is fulfilled in his case but amount A exceeds amount B where—

(i)amount A is the appropriate maximum council tax benefit in his case; and

(ii)amount B is a prescribed percentage of the difference between his income in respect of the week in which the day falls and the applicable amount.

(6)The condition for the purposes of subsection (1)(b) above is that—

(a)no other resident of the dwelling is liable to pay rent to the person concerned in respect of the dwelling; and

(b)there is an alternative maximum council tax benefit in the case of that person which is derived from the income or aggregate incomes of one or more residents to whom this subsection applies.

(7)Subsection (6) above applies to any other resident of the dwelling who—

(a)is not a person who, in accordance with Schedule 1 to the Local Government Finance Act 1992, falls to be disregarded for the purposes of discount; and

(b)is not a prescribed person or a person of a prescribed class.

(8)Subject to subsection (9) below, where a person is entitled to council tax benefit in respect of a day, the amount to which he is entitled shall be—

(a)if subsection (5)(a) or (b) above applies, the amount which is the appropriate maximum council tax benefit in his case;

(b)if subsection (5)(c) above applies, the amount found by deducting amount B from amount A, where “amount A” and “amount B” have the meanings given by that subsection; and

(c)if subsection (6) above applies, the amount which is the alternative maximum council tax benefit in his case.

(9)Where a person is entitled to council tax benefit in respect of a day, and both subsection (5) and subsection (6) above apply, the amount to which he is entitled shall be whichever is the greater of—

(a)the amount given by paragraph (a) or, as the case may be, paragraph (b) of subsection (8) above; and

(b)the amount given by paragraph (c) of that subsection.

(10)Regulations shall prescribe the manner in which—

(a)the appropriate maximum council tax benefit;

(b)the alternative maximum council tax benefit,

are to be determined in any case.

(11)In this section “dwelling” and “resident” have the same meanings as in Part I or II of the Local Government Finance Act 1992.

5(1)In subsection (1) of section 132 of that Act (couples), for the words “a community charge benefit" there shall be substituted the words “ council tax benefit ”.E+W+S

(2)In subsection (5) of that section, for the words “and the appropriate maximum community charge benefit" there shall be substituted the words “ the appropriate maximum council tax benefit and the alternative maximum council tax benefit ”.

(3)In subsection (7) of that section, for the word “first", in both places where it occurs, there shall be substituted the word “ main ”.

(4)In subsection (9) of that section, for paragraph (b) there shall be substituted the following paragraph—

(b)references to the main condition are references to the condition mentioned in section 131(3) above.

6In subsection (3) of section 133 of that Act (polygamous marriages), for the words “a community charge benefit" there shall be substituted the words “ council tax benefit ”.E+W+S

7Subsection (3) of section 134 (exclusion of benefit) of that Act shall cease to have effect.E+W+S

8F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2Sch. 9 para. 8 repealed (6.4.2003) by Tax Credits Act 2002 (c. 21), ss. 60, 69, Sch. 6; S.I. 2003/962, art. 2(3)(c)(e), Sch. 1 (with savings and transitional provisions in arts. 3-5)

9In subsection (1) of section 137 (interpretation of Part VII) of that Act—E+W+S

(a)for the definition of “charging authority" there shall be substituted the following definition—

billing authority” has the same meaning as in Part I of the Local Government Finance Act 1992;;

(b)the definitions of “contribution period", “the 1987 Act" and “the 1988 Act" shall cease to have effect;

[F3(c)for the definition of “levying authority" there shall be substituted the following definition—

levying authority” has the same meaning as in Part II of the Local Government Finance Act 1992;;] and

(d)in the definition of “week", for the words “community charge benefits" there shall be substituted the words “ council tax benefit ”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

10In subsection (6) of section 175 of that Act (regulations, orders and schemes), for the words “community charge benefits" there shall be substituted the words “ council tax benefit ”.E+W+S

11A statutory instrument containing (alone or with other provisions) regulations relating to council tax benefit and made by virtue of section 123 or sections 131 to 137 of that Act shall not be made before 1st April 1993 unless a draft of the instrument has been laid before and has been approved by a resolution of each House of Parliament.E+W+S

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources