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The Council Tax Reduction Schemes (Transitional Provisions) (Wales) Regulations 2013

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Transitional provisions

3.—(1) A person who falls within one of the categories of person described in paragraph (2) is deemed to have made an application for a reduction under a council tax reduction scheme on the specified day.

(2) A person referred to in paragraph (1) is a person—

(a)who is in receipt of council tax benefit on the specified day;

(b)who made a claim for council tax benefit which is not determined immediately before the specified day;

(c)whose payments of council tax benefit have been wholly or partly suspended immediately before the specified day;

(d)other than a person described in sub-paragraphs (a) or (c), who has applied for a revision of a relevant decision by a relevant authority and whose decision in respect of that revision is pending immediately before the specified day;

(e)other than a person described in sub-paragraphs (a) or (c), who has appealed against a decision of the First-tier Tribunal, the Upper Tribunal or a court in relation to a claim for council tax benefit and whose appeal is pending immediately before the specified day.

(2) For the purposes of sub-paragraph (2)(d) a revision of a relevant decision relating to a claim for council tax benefit is pending if—

(a)an application for a revision has been made but not been determined;

(b)the time within which an application for a revision may be made as prescribed in regulations 4 and 5 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 has not expired.

(3) For the purposes of sub-paragraph (2)(e) an appeal against a decision relating to a claim for council tax benefit is pending if—

(a)an appeal against the decision has been brought but not been determined;

(b)an application for permission to appeal against the decision has been made but not determined; or

(c)the time within which—

(i)an application for permission to appeal may be made; or

(ii)an appeal against the decision may be brought,

has not expired and one of the circumstances prescribed in regulations 11(3) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 apply.

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