The Local Government Reorganisation (Wales) (Housing Benefit and Council Tax Benefit) Order 1996

Termination of benefit periods

2.—(1) Without prejudice to any right or power of an authority under the 1987 or 1992 Regulations, but subject to paragraphs (2) to (4) below, in any case where an old authority had made an award of benefit under either of those Regulations, the successor authority may determine that the benefit period for any such award shall be brought to an end on such date as that successor authority may determine.

(2) Any determination to end a benefit period under paragraph (1) above—

(a) shall be made within the period of six months beginning with 1st April 1996;

(b) shall be of no effect unless—

(i) that determination has been notified to the claimant as though that determination were a determination made under the 1987 or 1992 Regulations, as the case may be; and

(ii) the authority has invited the person whose benefit period has been brought to an end to make a claim for a further award of housing benefit or council tax benefit, as the case may be.

(3) Any claim received within 4 weeks of the end of the benefit period terminated under paragraph (1) above, following an invitation issued in accordance with paragraph (2)(b)(ii) above, shall have effect as if made on the date following the day on which that benefit period ended.

(4) Notwithstanding the provisions of section 63(3) of the Administration Act, there shall be no review or further review under regulation 79(1) or 81(2) of the 1987 Regulations or regulation 69(3) or 70(4) of the 1992 Regulations (reviews and further reviews of determinations) of any determination made under this article.

(5) Expressions used in this article and in the 1987 Regulations or, where the matter relates to council tax benefit, the 1992 Regulations shall have the same meaning in this article as they have in those Regulations.

(1)

Regulation 79 was amended by S.I. 1990/1549, 1992/432, 1993/1150 and 1994/2137.

(2)

Regulation 81 was amended by S.I. 1990/546, 1993/317 and 1994/2137.

(3)

Regulation 69 was amended by S.I. 1993/1150 and 1994/2137.

(4)

Regulation 70 was amended by S.I. 1993/688 and 1994/2137.