The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997

PART III ADJUSTMENT FACTOR FOR PRIORITISATION OF CLAIMS

7.  The adjustment referred to in paragraph 1 in relation to this Part shall be calculated in accordance with the following provisions of this Part and in this Part “last day” has the meaning ascribed to that term in paragraph 8 of Schedule 5A to the Council Tax Benefit Regulations(1).

8.  In each case where a claim for council tax benefit, to which regulation 66(4) of the Council Tax Benefit Regulations applies(2), is made and

(a) paragraph 11 applies to that claim, that authority shall be credited with £10;

(b) paragraph 12 applies to that claim, that authority shall be debited by £10.

9.  Where an authority’s total credits in accordance with paragraph 8(a) exceed that authority’s total debits in accordance with paragraph 8(b), the adjustment to the additional sum in paragraph 1 shall be to increase the amount otherwise payable to that authority by the sum by which those credits exceed those debits.

10.  Where an authority’s total debits in accordance with paragraph 8(b) exceed that authority’s total credits in accordance with paragraph 8(a), the adjustment to the additional sum in paragraph 1 shall be to reduce the amount otherwise payable to that authority by the sum by which those debits exceed those credits.

11.  This paragraph applies where a claim to which paragraph 8 applies has been made to an authority and that authority has within

(a) 14 days of the receipt of that claim by that authority, or

(b) 7 days of the receipt by that authority of all the information necessary to determine that claim,

determined that claim provided that, in any event, it is determined by that authority within the 4 weeks following the last day.

12.  This paragraph applies where a claim to which paragraph 8 applies has been made to an authority and that authority has not within

(a) 14 days of the receipt of that claim by that authority;

(b) 7 days of the receipt by that authority of all the information necessary to determine that claim, or

(c) the 4 weeks following the last day,

whichever is the later, determined that claim.

(1)

Schedule 5A was added by S.I. 1996/194.

(2)

Paragraph (4) of regulation 66 was added by S.I. 1996/194.