The Council Tax (Reductions for Disabilities) (Amendment) Regulations 1993

Statutory Instruments

1993 No. 195

COUNCIL TAX, ENGLAND AND WALES

The Council Tax (Reductions for Disabilities) (Amendment) Regulations 1993

Made

5th February 1993

Laid before Parliament

5th February 1993

Coming into force

15th February 1993

The Secretary of State for the Environment, as respects England, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred on them by sections 13(1) to (4), (6) and (7) and 113(1) and (2) of the Local Government Finance Act 1992(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.—(1) These Regulations may be cited as the Council Tax (Reductions for Disabilities) (Amendment) Regulations 1993 and shall come into force on 15th February 1993.

Amendment of Regulations

2.  Regulation 1 of the Council Tax (Reductions for Disabilities) Regulations 1992(2) shall be amended—

(a) by the deletion from paragraph (2)—

(i) at the end of the definition of “qualifying individual” of the word “and” and the semicolon immediately preceding that word; and

(ii) of the definition of “relevant valuation band”; and

(b) by the addition, after paragraph (3), of the following paragraphs—

“(4) Any reference in these Regulations to the relevant valuation band in relation to a dwelling is a reference to the valuation band shown as applicable to the dwelling—

(a) in the billing authority’s valuation list; or

(b) if no such list is in force—

(i) except in a case to which paragraph (5) applies, in the copy of the proposed list supplied to the authority under section 22(5)(b) of the Act;

(ii) in a case to which paragraph (5) applies, in information which for the purposes of this paragraph is relevant information.

(5) This paragraph applies where the listing officer supplies the authority with information relating to property shown in the proposed list (including information relating to the application to such property of article 3 or 4 of the Council Tax (Chargeable Dwellings) Order 1992); and such information is relevant information for the purposes of paragraph (4)(b)(ii) to the extent that it differs from information contained in the proposed list.”(3)

Michael Howard

Secretary of State for the Environment

4th February 1993

David Hunt

Secretary of State for Wales

5th February 1993

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend regulation 1 of the Council Tax (Reductions for Disabilities) Regulations 1992 (“the principal Regulations”).

The amendments relate to the term “relevant valuation band”. Where a billing authority issues a demand notice before 1st April 1993, and has received from the listing officer information relevant to the dwelling concerned which differs from that shown in the draft valuation list, it is required to use that later information in calculating the reduction applicable in the case of a person to whom the principal Regulations apply. Where a billing authority has not received such information, it is required to use the valuation band shown in the draft list. Where a demand notice is issued on or after 1st April 1993, the calculation is to be based on the valuation band shown in the valuation list which comes into force on that day.

(1)

1992 c. 14. See section 116(1) for the definition of “prescribed”.

(2)

S.I. 1992/554.

(3)

See the definition of “listing officer” in section 69(1) of the Local Government Finance Act 1992. S.I. 1992/549.