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The Council Tax Benefit (Transitional) Order 1992

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Transitional provision for claims

2.—(1) A claim for housing benefit under the 1987 Regulations or for community charge benefits under the 1989 Regulations made to the appropriate authority at any time in the period beginning with 31st August 1992 and ending with 31st March 1993, may in addition be treated as a claim for council tax benefit.

(2) Except in cases to which article 3 applies, where an appropriate authority is of the opinion that unless there is a change of circumstances a person will satisfy the conditions of entitlement for council tax benefit on the relevant date, it may invite him to claim council tax benefit from that date.

(3) Any claim for council tax benefit made under this Order or under the 1992 Regulations in the period prior to 1st April 1993, shall be treated as made in respect of a benefit period beginning on the relevant date, except where the claim is in respect of a period beginning on a later date, and regulation 62(10) of the 1992 Regulations (8 week time limit on claims in advance of entitlement) shall not apply to a claim so treated.

(4) A claim for community charge benefits under the 1989 Regulations made but not determined before the relevant date—

(a)shall remain effective, in respect of any period before that date, as a claim for benefit under those Regulations; and

(b)shall be treated, in respect of any later period, as a claim for council tax benefit under the 1992 Regulations.

(5) Subject to the provisions of this Order, any claim for council tax benefit under the 1992 Regulations made or treated as made in accordance with paragraphs (3) or (4)(b) may be determined before the relevant date in accordance with those Regulations.

(6) A determination which is made awarding council tax benefit under the 1992 Regulations in accordance with paragraph (5)—

(a)may award that benefit from the relevant date if it appears probable to the appropriate authority that the conditions for entitlement will be satisfied from that date;

(b)shall be subject to the conditions for entitlement satisfied on the relevant date; and

(c)may be reviewed if any question arises as to the satisfaction of those conditions.

(7) Regulation 66(3) of the 1992 Regulations (time within which claims are to be determined) shall not apply to claims for council tax benefit made or treated as made under this article until 14 days before the relevant date.

(8) To determine a person’s entitlement to council tax benefit under the 1992 Regulations for the purposes of this Order, the appropriate authority may require that person to furnish such certificates, documents, information and evidence as it may reasonably require.

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