Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001
| Year | 2001 |
2001 No. 1605
SOCIAL SECURITY
The Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001
Made 26th April 2001
Laid before Parliament 1st May 2001
Coming into force 2nd July 2001
The Secretary of State for Social Security, in exercise of the powers conferred upon him by sections 68 and 69 of, and paragraph 20(1)(b) and (3) of Schedule 7 to, the Child Support, Pensions and Social Security Act 20001, section 79(3) and (6) of the Social Security Act 19982and sections 5(1)(hh), 6(1)(hh), 189(5) and 191 of the Social Security Administration Act 19923, and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned4and which is made before the end of a period of six months beginning with the coming into force of sections 68 and 69 of the Child Support, Pensions and Social Security Act 20005, by this Instrument, hereby makes the following Regulations:
Citation, commencement and interpretation
1.—(1) These Regulations may be cited as the Housing Benefit and Council Tax Benefit (Decisions and Appeals and Discretionary Financial Assistance) (Consequential Amendments and Revocations) Regulations 2001 and shall come into force on 2nd July 2001.
(2) In these Regulations—
“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 19926;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 19877.
Definitions
2.—(1) In regulation 2(1) of the Council Tax Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions—
““the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 20018;”;
““relevant authority” means an authority administering council tax benefit;”.
(2) In regulation 2(1) of the Housing Benefit Regulations (interpretation) there shall be inserted in the appropriate places the following definitions—
““the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001;”;
““relevant authority” means an authority administering housing benefit;”.
(3) In regulation 2(1) of both the Council Tax Benefit Regulations and the Housing Benefit Regulations, for the definition of “person affected” there shall be substituted the following definition—
““person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;”.
Substitution of references to “appropriate authority” and “appropriate local authority”
3.—(1) Except in a case where paragraph (3)(a) below applies, in the provisions of the Council Tax Benefit Regulations specified in Part I of Schedule 1 to these Regulations, for the words “appropriate authority”, wherever those words appear, there shall be substituted the words “relevant authority”.
(2) Except in a case where paragraph (3)(b) below applies, in the provisions of the Housing Benefit Regulations specified in Part II of Schedule 1 to these Regulations, for the words “appropriate authority” and “appropriate local authority”, wherever those words appear, there shall be substituted the words “relevant authority”.
(3) In—
(a)
(a) regulations 56(2), 62(10) and (11), 63(5), 67(1), 77(1) and (4), 87(1) and 91(2) of, and paragraphs 1 and 16 of Schedule 6 to, the Council Tax Benefit Regulations; and
(b)
(b) regulations 12A(1), (2A) and (5)9, 12B(1)10, 71(7)11and 73(5) of, and paragraph 1 of Schedule 6 to, the Housing Benefit Regulations,
for the words “an appropriate authority” or “an appropriate local authority” there shall be substituted the words “a relevant authority”.
(4) In regulation 2(1) of the Council Tax Benefit Regulations, the definition of “appropriate authority” shall be omitted.
Substitution of references to “determination” and related references
4.—(1) In the Council Tax Benefit Regulations—
(a)
(a) in regulation 62(4)(c), for the words “date of determination of” there shall be substituted the words “date on which a decision was made”;
(b)
(b) in regulation 64, for the word “determination” in both places where that word appears, there shall be substituted the word “decision”;
(c)
(c) in regulation 65(1), for the words “its determination” there shall be substituted the words “a decision being made on it”;
(d)
(d) in the title to Part IX, for the words “Determination of” there shall be substituted the words “Decisions on”;
(e)
(e) in regulation 66—
(i) in the title, for the word “determination” there shall be substituted the word “decision”;
(ii) in paragraph (2), for the word “determine” there shall be substituted the words “make a decision on”;
(iii) in paragraph (3), for the words “Every claim shall be determined by the appropriate authority” there shall be substituted the words “The relevant authority shall make a decision on each claim”;
(f)
(f) in regulation 67—
(i) in the title, for the word “determinations” there shall be substituted the word “decisions”;
(ii) in paragraph (1), for the word “determination”, wherever that word appears, there shall be substituted the word “decision”;
(iii) in paragraph (2)—
(aa) for the word “determination”, in the first place where that word appears, there shall be substituted the words “a decision”;
(bb) for the words “as to its determination of” there shall be substituted the words “for its decision on”;
(g)
(g) in regulation 90(1)(b) and (3)12, for the word “determination” there shall be substituted the word “decision”;
(h)
(h) in paragraph 9 of Schedule A113and in the title to that paragraph, for the words “notice of determination” there shall be substituted the words “the decision notice”.
(2) In the Housing Benefit Regulations—
(a)
(a) in regulation 5—
(i) in paragraph (6)(b), for the words “that claim has not yet been determined” there shall be substituted the words “no decision has yet been made on that claim”;
(ii) in paragraph (7)(a), for the words “which has not yet been determined” there shall be substituted the words “in respect of which a decision has not yet been made”;
(b)
(b) in regulation 72(4)(c), for the words “date of determination of” there shall be substituted the words “date on which a decision was made”;
(c)
(c) in regulation 74, for the word “determination” in both places where that word appears, there shall be substituted the word “decision”;
(d)
(d) in regulation 75(1), for the words “its determination” there shall be substituted the words “a decision being made on it”;
(e)
(e) in the title to Part XI, for the words “Determination of” there shall be substituted the words “Decisions on”;
(f)
(f) in regulation 76—
(i) in the title, for the word “determination” there shall be substituted the word “decision”;
(ii) in paragraph (2), for the word “determine” there shall be substituted the words “make a decision on”;
(iii) in paragraph (3), for the words “Every claim shall be determined by the appropriate authority” there shall be substituted the words “The relevant authority shall make a decision on each claim”;
(g)
(g) in regulation 77—
(i) in the title, for the word “determinations” there shall be substituted the word “decisions”;
(ii) in paragraph (1)14, for the word “determination”, wherever that word appears, there shall be substituted the word “decision”;
(iii) in paragraph (4)15—
(aa) for the word “determination”, in the first place where that word appears, there shall be substituted the words “a decision”;
(bb) for the words “as to its determination of” there shall be substituted the words “for its decision on”;
(h)
(h) in regulation 91—
(i) in paragraph (1)16, for the word “determine” there shall be substituted the words “make a decision on”;
(ii) in paragraph (2), for the words “subsequent determination” there shall be substituted the words “subsequent decision”;
(iii) in paragraph (3), for the words “subsequent determination” there shall be substituted the words “the basis of the subsequent decision”;
(i)
(i) in regulation 91A(1)17, for the word “determine” there shall be substituted the words “make a decision on”;
(j)
(j) in regulation 94(1A)18, for the words “determination of” there shall be substituted the words “making of a decision on”;
(k)
(k) in regulation 97(1A)19, for the word “determination” there shall be substituted the word “decision”;
(l)
(l) in regulation 98, for the word “determined” there shall be substituted the word “decided”;
(m)
(m) in regulation 104(1)(b) and (3)20, for the word “determination” there shall be substituted the word “decision”;
(n)
(n) in paragraph 10 of Schedule A121and in the title to that paragraph, for the words “notice of determination” there shall be substituted the words “the decision notice”.
Substitution of references to “review” and related references
5.—(1) In the Council Tax Benefit Regulations—
(a)
(a) in regulation 27(5)22, for the word “review”, in both places where that word appears, there shall be substituted the word “revision”;
(b)
(b) in regulation 79(1), for the words “review of a determination of a decision” there shall be substituted the words “revision of a decision”;
(c)
(c) in regulation 82(1)—
(i) for the words “determination which is subsequently revised upon review or further review”, there shall be substituted the words “decision which is subsequently revised or further revised”;
(ii) for the word “determination”, in both other places where that word appears, there shall be substituted the word “decision”;
(d)
(d) in regulation 83, for the words “initial determination or as subsequently revised...
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