text:
PART I
General
Citation, commencement and interpretation
1
1
This Order which may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 shall come into force on 6th April 1992.
2
In this Order, reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, reference in an article or a Schedule to a numbered paragraph is to the paragraph bearing that number in that article or that Schedule.
PART II
Housing Benefit Subsidy
Interpretation of Part II
2
1
In this Part of this Order, unless the context otherwise requires —
“ the Act ” means the Social Security Act 1986;
“the 1982 Act ” means the Social Security and Housing Benefit Act 1982 ;
“allowance” means a rent allowance;
“authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;
“board and lodging accommodation” means —
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of Regulation 12A of the Housing Benefit Regulations ;
“housing benefit subsidy” means subsidy under section 30(1) or (1A) of the Act (rate rebate, rent rebate, rent allowance and community charge rebate subsidy);
“rebate” means a rent, rate or community charge rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;
“relevant date” has the same meaning as in Schedule 5;
“relevant year” means the year ending 31st March 1992;
“scheme” means the housing benefit scheme as defined in section 28 of the Act;
“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;
“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1990 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990 ;
“the Scottish Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;
“termination date” has the same meaning as in Schedule 5;
and other expressions shall have the same meanings as in the Housing Benefit Regulations or, as the case may be, the Scottish Regulations.
2
In this Part of this Order —
“housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less —
the deductions specified in article 13; and
where, under sub-section (6) of section 28 of the Act (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of housing benefit subsidy
3
The amount of an authority’s housing benefit subsidy for the relevant year —
a
for the purposes of section 30(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;
b
for the purposes of section 30(3) of the Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the costs of administering housing benefit calculated in accordance with Schedule 1.
Rebates and allowances
4
1
For the purposes of section 30(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be —
a
in the case of an authority to which articles 5, 6, 7, 8, 9, 10 and 11 do not apply, 95 per cent. of its housing benefit qualifying expenditure;
b
in the case of an authority to which at least one of those articles is relevant an amount equal to the aggregate of —
i
95 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the rebates or allowances to which each of those articles which is relevant applies; and
ii
the appropriate amount calculated in respect of the rebates or allowances under each such article,
plus in each case, the additions, where applicable, under article 12 but subject, in each case, to the deduction, where applicable under article 14.
2
Where the authority is the Scottish Homes or a new town corporation in Scotland, its housing benefit subsidy for the relevant year shall include a further sum being —
a
in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its housing benefit qualifying expenditure but subject to the relevant maximum specified in column (2) of Schedule 3; or
b
in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.
Backdated benefit
5
1
Subject to paragraph (2), where —
a
during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and
b
any part of that authority’s housing benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the housing benefit qualifying expenditure so attributable.
2
This article shall not apply in a case to which article 9 applies.
Disproportionate rent increase
6
1
Subject to paragraphs (5) and (6), where the average rent increase of an authority’s Category A tenants is greater than the average rent increase of their Category B tenants, for the purposes of article 4(1)(b)(ii), the appropriate amount for such part of the housing benefit qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be 25 per cent. of that portion of the housing benefit qualifying expenditure as is determined in accordance with paragraph (3).
2
For the purposes of paragraph (1), the average rent increase shall be determined by comparing the average rent of Category A tenants or, as the case may be, Category B tenants on the first relevant date with their average rent on the second relevant date.
3
For the purposes of paragraph (1), the portion of the housing benefit qualifying expenditure shall be determined in accordance with the formula —
A -
( A × B C ) ,
where —
A is the total of rent rebates granted by the authority to Category A tenants and other tenants during the relevant year but shall not include any amount of expenditure attributable to rebates awarded in respect of amounts paid under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;
B is the amount calculated in accordance with the formula —
D E × 100;
C is the amount calculated in accordance with the formula —
F G × 100;
D is the average rent for Category B tenants on the second relevant date;
E is the average rent for Category B tenants on the first relevant date;
F is the average rent for Category A tenants on the second relevant date;
G is the average rent for Category A tenants on the first relevant date.
4
In this article —
“average” means the arithmetic mean;
“Category A tenants” means tenants of the authority who on the first and second relevant dates are in receipt of rent rebates and reside at the same address on both dates, but shall not include a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;
“Category B tenants” means tenants of the authority who are not in receipt of rent rebates on the first and second relevant dates but reside at the same address on both dates, but shall not include a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;
“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority, occurring in March 1989; and
“second relevant date” means the same date occurring in March 1992 but if that date falls in a rent free period the nearest date in March 1992 to that date which is not in a rent free period;
“rent” means either —
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent); or
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraphs (1) to (3) it has the same meaning throughout.
5
This article shall not apply in a case to which article 9 applies.
6
In England and Wales this article shall only apply to expenditure attributable to rent rebates granted by new town corporations and the Development Board for Rural Wales.
Treatment of high rents
7
1
Subject to paragraphs (3) and (4), where any part of the housing benefit qualifying expenditure of an authority within an area listed in column 1 of Schedule 4 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column 2 of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies —
a
if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance;
b
if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
Paragraph (1) shall not apply to an allowance payable by an authority in respect of rents which exceed the threshold —
a
which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or
b
which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied that the rent is at or below the fair rent level; or
c
where a rent assessment committee has not made a rent determination because they are satisfied that the rent is at or below the fair rent level and a rent officer is not required to make a determination under paragraph 7(2) of Schedule 1 to the Rent Officers Order ; or
d
where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or
e
where the relevant dwelling is situated within the area of a housing action trust established under Part III of the Housing Act 1988 (Housing Action Trust Areas); or
f
where the dwelling is an excluded tenancy by virtue of paragraph 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).
4
This article shall not apply in a case to which article 8 or 9 applies.
Rent officers' determinations
8
1
Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 5.
2
This article applies where —
a
an authority applies to a rent officer for a determination to be made under the Rent Officers Order in relation to a dwelling; and
b
the officer makes a determination under that Order.
3
Except in a case to which paragraph (4) applies, this article also applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for that determination.
4
This paragraph applies in a case where —
a
the dwelling (A) is in a hostel; and
b
by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).
5
This article also applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.
6
Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.
7
Where no determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is required to be made by the rent officer in accordance with article 5(2) of the Rent Officers Order this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date of the application to the rent assessment committee, or 1st April 1991, whichever is the later date.
Treatment of certain residential accommodation
9
Where any part of an authority’s housing benefit qualifying expenditure is attributable to rebates or allowances granted under the 1982 Act to persons in respect of accommodation provided under —
a
sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or
b
section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or
c
section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,
for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year shall be 90 per cent. of the housing benefit qualifying expenditure so attributable.
Homeless cases
10
1
Where paragraph (3) applies, any part of the housing benefit qualifying expenditure of an authority within an area listed in column (1) of Schedule 6 attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Schedule, then for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2).
2
Where paragraph (1) applies —
a
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be —
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates;
b
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be —
i
in the case of rebates granted in respect of rents specified in paragraph (3)(d), nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess; and
ii
in the case of rebates granted in respect of rents specified in paragraph (3)(a) to (c), 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such rebates which is equal to the excess;
and 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.
3
This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold, which —
a
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accommodation made available to that person;
b
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, made available to that person;
c
a person is required to pay to an authority for accommodation outside the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person;
d
in the case of Scotland, a person is required to pay to an authority for accommodation within the Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 3 years, made available to that person.
Overpayment of rebates or allowances
11
1
Where any part of an authority’s housing benefit qualifying expenditure is attributable to an overpayment of rebates or allowances made and discovered in the relevant year, for the purposes of article 4(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
The appropriate amount shall be —
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment; and
b
in the case of an overpayment caused by official error, 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has not been recovered by the authority and nil per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has been recovered by the authority; and
c
in the case of a technical overpayment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment for a period not exceeding 2 benefit weeks beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to the overpayment; and
d
where a rebate has been granted in advance and the authority subsequently identifies a recoverable overpayment which does not arise from a change in circumstances, the amount appropriate to that overpayment as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks beginning with the benefit week after the week in which that overpayment is so identified by that authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to that overpayment; and
e
in the case of any other overpayment, 25 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment.
3
In paragraph 2(b) and article 12(1)(b)(ii) “overpayment caused by official error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97 of the Social Security Act 1975 (adjudication by adjudication officers, social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
In paragraph (2)(c) and article 12(1)(b)(iii) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and a change in circumstances reduces or eliminates entitlement to that rebate beginning with the benefit week following the week in which the change is disclosed to the authority.
5
This article shall not apply to that part of any rebate or allowance to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made) applies.
Additions to housing benefit subsidy
12
1
The additions referred to in article 4(1) shall be of the following amounts where —
a
following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
subject to paragraph (2), during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990 and 31st March 1991, as the case may be, and an amount is to be deducted under article 13 in relation to that overpayment, an amount equal to —
i
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment;
ii
in the case of an overpayment caused by official error within the meaning of article 11(3), 95 per cent. of so much of the overpayment as has not been recovered by the authority and nil per cent. of the overpayment which has been recovered by the authority; or
iii
in the case of a technical overpayment within the meaning of article 11(4), 15 per cent. of the overpayment for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the overpayment;
iv
in the case of any other overpayment, 25 per cent. of the overpayment.
2
The amount under paragraph (1)(b) shall not include an amount in relation to an overpayment of community charge rebate made in the year ending 31st March 1990 but discovered in the relevant year as a result of a reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge).
Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
13
1
The deductions referred to in article 2(2)(a) are, subject to paragraph (2), to be of the following amounts where —
a
a tenant of an authority, who is in receipt of a rent rebate, while continuing to occupy, or when entering into occupation of, a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement —
i
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights and chooses or chose to be so provided; or
ii
is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities for himself; or
iii
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,
the amounts attributable during the relevant year to such services, facilities or rights whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
b
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rent rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent free period;
c
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of rent rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award —
i
made to a tenant for a reason unrelated to the fact that he is a tenant;
ii
made under a statutory obligation;
iii
made under section 137 of the Local Government Act 1972 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
iv
except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
v
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally suffered by the tenant by virtue of his occupation of his home;
d
during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Housing Benefit Regulations or, as the case may be, regulation 57 of the Scottish Regulations (calculations of weekly amounts), the amount of such increase;
e
during the relevant year it is discovered that a payment of community charge rebate has been overpaid in the relevant year as a result of the reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge), the amount of the overpayment;
f
subject to article 15, during the relevant year it is discovered that a rebate or allowance has been paid under the 1982 Act in excess of entitlement, the amount of such excess;
g
during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by official error within the meaning of article 11(3), where the overpayment had occurred and been discovered in a year earlier than the relevant year, the amount so recovered;
h
during the relevant year it is discovered that an overpayment of rebate or allowance has been made in one or more of the years ending 31st March 1989, 31st March 1990 and 31st March 1991, as the case may be, the amount of such overpayment, but only to the extent that —
i
the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit (Subsidy) Order 1989 or of the Housing Benefit (Subsidy) Order 1990 or under article 4 of the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ; and
ii
the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made) applied;
j
during the relevant year any instrument of payment issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.
2
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more sub-paragraphs of paragraph (1) only the higher or highest or, where the amounts are equal, only one amount, shall be deducted.
Deduction from housing benefit subsidy
14
Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 3 years ending on 31st March 1991 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 4(1) shall be the amount of any subsidy that has been paid to that authority in respect of any such instrument.
Modification of housing benefit subsidy on payments in excess of entitlement
15
1
Notwithstanding any provisions made under the 1982 Act in respect of housing benefit paid in excess of entitlement under that Act, where an overpayment of such benefit to which any such provision applies made in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).
2
The amount of that subsidy shall be —
a
in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment; and
b
in the case of an overpayment caused by official error within the meaning of article 11(3), 95 per cent. of so much of the overpayment as has not been recovered by the authority; and
c
in the case of any other overpayment, 25 per cent. of the overpayment.
3
In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefits Regulations 1985 (interpretation) as previously in force.
PART III
Community Charge Benefit Subsidy
Interpretation of Part III
16
1
In this Part of this Order, unless the context otherwise requires —
“the Act” means the Social Security Act 1986 ;
“appropriate authority” means a charging authority to which section 31B(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 31B(3) of the Act refers;
“community charge benefit subsidy” means subsidy under section 31F of the Act ;
“excess benefits” has the meaning assigned to it by regulation 83 of the Community Charge Benefits Regulations ;
“relevant year” means the year ending 31st March 1992;
“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 ,
and other expressions shall have the same meanings as in the Community Charge Benefits Regulations.
2
In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits allowed by the appropriate authority during the relevant year, less —
a
the deductions specified in article 22; and
b
where, under subsection (6) of section 31B of the Act (arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.
Amount of community charge benefit subsidy
17
The amount of an appropriate authority’s community charge benefit subsidy for the relevant year —
a
for the purposes of section 31F(2) of the Act (subsidy in respect of community charge benefit) shall be the amount or total of the amounts calculated in accordance with article 18;
b
for the purposes of section 31F(5) of the Act (subsidy in respect of the costs of administering community charge benefits) may include an additional sum in respect of the costs of administering community charge benefits calculated in accordance with Schedule 2.
Community charge benefit
18
For the purposes of section 31F(2) of the Act, an appropriate authority’s community charge benefit subsidy for the relevant year shall be —
a
in the case of an appropriate authority to which articles 19 and 20 do not apply, 95 per cent. of its community charge benefit qualifying expenditure;
b
in the case of an appropriate authority to which at least one of those articles is relevant an amount equal to the aggregate of —
i
95 per cent. of so much of its community charge benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the community charge benefit to which each of those articles which is relevant applies; plus
ii
the appropriate amount calculated in respect of the community charge benefit under each such article,
plus, in each case, the addition, where applicable, under article 21.
Backdated benefit
19
Where —
a
during the relevant year an appropriate authority has, under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), treated any claim for a community charge benefit as made on a day earlier than that on which it is made; and
b
any part of that appropriate authority’s community charge benefit qualifying expenditure is attributable to such earlier period,
for the purposes of article 18(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the community charge benefit qualifying expenditure so attributable.
Excess community charge benefits
20
1
Where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 18(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).
2
Subject to paragraph (3), the appropriate amount shall be —
a
in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
b
in the case of excess benefits allowed in consequence of an official error, 95 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and
c
in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits, for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and
d
where benefits have been allowed in advance and the appropriate authority subsequently identifies recoverable excess benefits which do not arise from a change in circumstances, the amount appropriate to the excess benefits as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks, beginning with the benefit week after the week in which those excess benefits are so identified by that authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to those excess benefits; and
e
in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.
3
In paragraph 2(b) and article 21(b)(ii) “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97 of the Social Security Act 1975 where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
4
In paragraph 2(c) and article 21(b)(iii) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being allowed in advance and a change in circumstances reduces or eliminates entitlement to those benefits beginning with the benefit week next following the week in which the change is disclosed to the appropriate authority.
5
This article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.
Addition to community charge benefit subsidy
21
The addition referred to in article 18 shall be of the following amounts —
a
in a case where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
b
in a case where it is discovered by an appropriate authority, during the relevant year, that excess benefits have been allowed in the year ending 31st March 1991, and an amount is to be deducted under article 22 in relation to those excess benefits, an amount equal to —
i
where the excess benefits are allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the excess benefits;
ii
where the excess benefits are allowed in consequence of an official error, within the meaning of article 20(3), 95 per cent. of that part of the excess benefits which have not been recovered by the appropriate authority and nil per cent. of the remainder of the excess benefits;
iii
where technical excess benefits, within the meaning of article 20(4), are allowed, 15 per cent. of the excess benefits for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and nil per cent. of the excess benefit for any period thereafter;
iv
where excess benefits are allowed for any other reason, 25 per cent. of the excess benefits.
Deductions to be made in calculating subsidy in respect of community charge benefit
22
1
The deductions referred to in article 16(2) are, subject to paragraph (2), of the following amounts —
a
where an appropriate authority has allowed excess community charge benefit falling within regulation 83(a) to (d) of the Community Charge Benefits Regulations (meaning of excess benefits), the amount attributable to that excess;
b
where an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations (increase of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;
c
where during the relevant year an amount is recovered in relation to excess community charge benefit which was allowed in consequence of official error within the meaning of article 20(3) and where the excess benefit had occurred and been discovered in the year ending 31st March 1991, the amount so recovered;
d
where during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed in the year ending 31st March 1991, the amount of the excess benefits, but only to the extent that —
i
the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under article 15 of the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ; and
ii
the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made).
2
Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.
Signed by authority of the Secretary of State for Social Security.
Ann Widdecombe
Parliamentary Under-Secretary of State,
Department of Social Security
11th March 1992
We consent,
Gregory Knight
Nicholas Baker
Two of the Lords Commissioners of Her Majesty’s Treasury
12th March 1992


type: legislation

jurisdiction: UK

text:
Title, extent and commencement
1
This Order may be cited as the Burning of Crop Residues (Repeal of Byelaws) Order 1992, shall extend to England and Wales and shall come into force on 2nd April 1992.
Repeal of byelaws
2
All byelaws of local authorities made under section 235(1) of the Local Government Act 1972 dealing with the burning of crop residues on agricultural land are hereby repealed.
In witness whereof the Official Seal of the Minister of Agriculture, Fisheries and Food is hereunto affixed on 11th March 1992.
John Selwyn Gummer
Minister of Agriculture, Fisheries and Food
David Hunt
Secretary of State for Wales
12th March 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the National Health Service (Dental Charges) Amendment Regulations 1992 and shall come into force on 1st April 1992.
2
In these Regulations, “the principal Regulations ” means the National Health Service (Dental Charges) Regulations 1989 .
Amendment of regulation 4 of the principal Regulations
2
In regulation 4 of the principal Regulations (calculation of charges) for the amount “£200” in both places where it occurs in paragraph (5) there shall be substituted the amount “£225”.
Transitional provision
3
Where, on or after 1st April 1992, appliances are supplied, or other general dental services are provided, in pursuance of a contract or arrangement for the provision of general dental services made before that date, the provisions of regulation 4(5) of the principal Regulations shall have effect in respect of that supply, or that other provision, as if regulation 2 of these Regulations had not come into force.
Signed by authority of the Secretary of State for Health
Virginia Bottomley
Minister of State,
Department of Health
24th February 1992


text:
1
1
This Order may be cited as the A50 Trunk Road (Blythe Bridge to Queensway and Connecting Roads) Supplementary Order 1992 and shall come into force on 15th October 1992.
2
In this Order all measurements of distance are measured along the route of the relevant highway.
2
The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road from the date when this Order comes into force.
3
The centre line of the new trunk road is indicated by a heavy black line on the plan numbered HA10/2WM 166, marked “The A50 Trunk Road (Blythe Bridge to Queensway and Connecting Roads) Supplementary Order 1992”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY.
4
The Secretary of State is authorised to construct the bridge specified in Schedule 2 to this Order as part of the new trunk road, and in connection with the construction of that bridge, to divert the towing path adjacent to part of the Trent and Mersey Canal, as shown in that Schedule.
Signed by authority of the Secretary of State for Transport
D. Ritchie
Regional Director West Midlands Region
Department of Transport
1st October 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Child Support Appeal Tribunals (Procedure) Regulations 1992 and shall come into force on 5th April 1993.
2
In these Regulations, unless the context otherwise requires:–
“absent parent” has the meaning assigned to it in section 3(2) of the Act ;
“the Act” means the Child Support Act 1991;
“Central Office” means the Central Office of Child Support Appeal Tribunals at Anchorage Two, Anchorage Quay, Salford Quays, Manchester, M5 2YN;
“chairman”, subject to paragraph (3), means a person nominated under paragraph 3 of Schedule 3 to the Act and includes the President and any full-time chairman;
“clerk to the tribunal” means a person appointed under paragraph 6 of Schedule 3 to the Act;
“Commissioner” means the Chief or any other Child Support Commissioner appointed under section 22 of the Act;
“full-time chairman” means a regional or other full-time chairman of a child support appeal tribunal appointed under paragraph 4 of Schedule 3 to the Act;
“party to the proceedings” means–
the person with care;
the absent parent;
any child who has made an application for a maintenance assessment under section 7 of the Act;
the child support officer;
any other person, who on an application made by him, appears to the chairman of the tribunal to be interested in the proceedings;
“person with care” has the meaning assigned to it by section 3(3) of the Act;
“President” has the meaning assigned to it in paragraph 1(1) of Schedule 3 to the Act;
“proceedings” means proceedings on an appeal or application to which these Regulations apply; and
“tribunal” means a child support appeal tribunal constituted in accordance with section 21 of the Act.
3
Unless otherwise provided, where by these Regulations anything is required to be done by, or any power is conferred on, a chairman, then–
a
if that thing is to be done or the power is to be exercised at the hearing of an appeal or application, it shall be done or exercised by the chairman of the tribunal hearing the appeal or application; and
b
otherwise, shall be done or exercised by a person who is eligible to be nominated to act as a chairman of a child support appeal tribunal under paragraph 3(2) of Schedule 3 to the Act.
4
In these Regulations, unless the context otherwise requires, a reference–
a
to a numbered regulation is to the regulation in these Regulations bearing that number; and
b
in a regulation to a numbered paragraph is to the paragraph in that regulation bearing that number.
Service of notices or documents
2
1
Where by any provision of the Act or of these Regulations any notice or other document is required to be given or sent to the clerk to the tribunal that notice or document shall be treated as having been so given or sent on the day that it is received by the clerk to the tribunal.
2
Where by any provision of the Act or of these Regulations any notice or other document is required to be given or sent to any person other than the clerk to the tribunal that notice or document shall, if sent by post to that person’s last known address, be treated as having been given or sent on the day that it was posted.
Making an appeal or application and time limits
3
1
An appeal to a tribunal under section 20(1) of the Act or an application to a tribunal to set aside its decision under regulation 15 shall be by notice in writing signed by the person making it or by his representative where it appears to a chairman that he was unable to sign personally, or by a barrister, advocate or solicitor on his behalf.
2
The notice shall be made or given by sending or delivering it to the clerk to the tribunal at the Central Office.
3
An appeal under section 20(1) of the Act shall be brought within the period of 28 days beginning with the date on which notification of the decision in question was given or sent to the appellant.
4
An application under regulation 15 shall be made within the period of 3 months beginning with the date when a copy of the record of the decision was given or sent to the applicant.
5
In paragraphs (6) and (7) “the specified time” means the time specified in paragraph (3) or, as the case may be, paragraph (4).
6
When an appeal or application is made after the specified time has expired, that time may for special reasons be extended by the chairman to the date of the making of the appeal or application.
7
Any appeal or application made after the specified time has expired which does not include an application for an extension of time shall be deemed to include such an application, and if it appears to a chairman that an application for an extension of time does not state reasons for the appeal or application being made after the specified time the chairman may before determining it give the person making the application for an extension of time a reasonable opportunity to provide reasons.
8
An application for an extension of time which has been refused may not be renewed, but any chairman may set aside a refusal if it appears to him just to do so on any of the grounds set out in regulation 15(1).
9
In the case of an appeal the notice shall contain sufficient particulars of the decision under appeal to enable that decision to be identified.
10
Any notice of appeal or application other than an application for an extension of time shall state the grounds on which it is made.
11
If it appears to a chairman that the notice of appeal does not enable the decision under appeal to be identified or that the notice of appeal or application does not state the grounds on which it is made the chairman may direct the person making it to provide such particulars as the chairman may reasonably require.
Lack of jurisdiction
4
When a chairman is satisfied that the tribunal does not have jurisdiction to entertain a purported appeal he may make a declaration to that effect and such declaration shall dispose of the purported appeal.
Directions
5
At any stage of the proceedings a chairman may either of his own motion or on a written application made to the clerk to the tribunal by any party to the proceedings give such directions as he may consider necessary or desirable for the just, effective and efficient conduct of the proceedings and may direct any party to provide such further particulars or to produce such documents as may reasonably be required.
Striking out of proceedings
6
1
Subject to paragraph (2), a chairman may, either of his own motion or on the application of any party to the proceedings, order that the appeal or application be struck out because of the failure of the appellant or applicant to comply with a direction under regulation 3(11) or 5 or to reply to an enquiry from the clerk to the tribunal about his availability to attend a hearing.
2
Before making an order under paragraph (1) the chairman shall send notice to the person against whom it is proposed that any such order should be made and any other party to the proceedings giving each of them a reasonable opportunity to show cause why such an order should not be made.
3
The chairman may, on application by any party to the proceedings made not later than one year beginning with the date of the order made under paragraph (1), give leave to reinstate any appeal or application which has been struck out in accordance with that order.
Withdrawal of appeals and applications
7
1
Any appeal to a tribunal may be withdrawn by the person making the appeal–
a
at a hearing with the leave of the chairman; or
b
at any other time, by giving written notice of intention to withdraw to the clerk to the tribunal and either–
i
with the consent in writing of every other party to the proceedings; or
ii
with the leave of the chairman after every other party to the proceedings has had a reasonable opportunity to make representations.
2
A person who has made an application to a tribunal to set aside their decision under regulation 15 may withdraw it at any time before the application is determined by giving written notice of withdrawal to the clerk to the tribunal.
Postponement
8
1
Where a person to whom notice of a hearing has been given wishes to request a postponement of that hearing he shall give notice in writing to the clerk to the tribunal stating his reasons for the request and a chairman may grant or refuse the request as he thinks fit.
2
A chairman may of his own motion at any time before the beginning of the hearing postpone the hearing.
Representation of parties to the proceedings
9
Any party to the proceedings may be accompanied and (whether or not the party himself attends) may be represented by another person whether having a professional qualification or not, and for the purposes of any proceedings any such representative shall have all the rights and powers to which the person represented is entitled under these Regulations, except that a representative who is not a barrister, advocate or solicitor shall not have the power to sign the notice of appeal or application.
Summoning of witnesses
10
1
A chairman may by summons or, in Scotland, citation require any person in Great Britain to attend as a witness at a hearing of an appeal or application at such time and place as shall be specified in the summons or citation and, subject to paragraph (2), at the hearing to answer any question or produce any documents in his custody or under his control which relate to any matter in question in the appeal or application, but–
a
no person shall be required to attend in obedience to such a summons or citation unless he has been given at least 10 days' notice of the hearing or, if less than 10 days' notice is given, he has informed the tribunal that he accepts that notice as sufficient; and
b
no person shall be required to attend and give evidence or to produce any document in obedience to such a summons or citation unless the necessary expenses of attendance are paid or tendered to him.
2
No person shall be compelled to give any evidence or produce any document or other material that he could not be compelled to give or produce on a trial of an action in a court of law in that part of Great Britain where the hearing takes place.
3
In exercising the powers conferred by this regulation, the chairman shall take into account the need to protect any matter that relates to intimate personal or financial circumstances, is commercially sensitive, consists of information communicated or obtained in confidence or concerns national security.
4
Every summons or citation issued under this regulation shall contain a statement to the effect that the person in question may apply in writing to a chairman to vary or set aside the summons or citation.
Hearings
11
1
A tribunal shall hold an oral hearing of every appeal, and may hold an oral hearing of an application, and subject to the provisions of the Act and of these Regulations the procedure in connection with the hearing shall be such as the chairman shall determine.
2
Not less than 10 days' notice (beginning with the day on which it is given and ending on the day before the hearing) of the time and place of any hearing shall be given to every party to the proceedings, and if such notice has not been given to a person to whom it should have been given under the provisions of this paragraph the hearing may proceed only with the consent of that person.
3
At any hearing any party to the proceedings shall be entitled to be present and be heard.
4
Any person entitled to be heard at a hearing may address the tribunal, give evidence, call witnesses and put questions directly to any other party to the proceedings, to any representative of the child support officer or to any other person called as a witness.
5
A tribunal may require any witness to give evidence on oath or affirmation and for that purpose there may be administered an oath or affirmation in due form.
6
If a party to the proceedings to whom notice has been given under paragraph (2) fails to appear at the hearing the tribunal may, having regard to all the circumstances including any explanation offered for the absence, proceed with the appeal notwithstanding his absence or give such directions with a view to the determination of the appeal as it may think proper.
7
Any hearing before the tribunal shall be in private unless the chairman directs that the hearing, or part of it, shall be in public.
8
The following persons shall also be entitled to be present at a hearing even though it is in private–
a
the President, any full-time chairman and the clerk to the tribunal;
b
any person undergoing training as a chairman or other member of the tribunal or as a clerk to the tribunal;
c
any person acting on behalf of the President in the training or supervision of clerks to tribunals;
d
a member of the Council on Tribunals or of the Scottish Committee of the Council;
e
any person undergoing training as a child support officer or as the representative of a child support officer and any person acting on behalf of the Chief Child Support Officer or the Secretary of State in the training or supervision of child support officers or representatives of child support officers or in the monitoring of standards of adjudication by child support officers;
f
with leave of the chairman and the consent of every party to the proceedings actually present, any other person.
9
For the purposes of arriving at its decision a tribunal shall, and for the purposes of discussing any question of procedure may, notwithstanding anything contained in these Regulations, order all persons to withdraw from the sitting of the tribunal other than the members of the tribunal, any of the persons mentioned in sub-paragraphs (a), (b) and (d) of paragraph (8) and, with the leave of the chairman and if no party to the proceedings actually present objects, any of the persons mentioned in sub-paragraphs (c) and (f) of that paragraph.
10
None of the persons mentioned in paragraph (8) shall take any part in the hearing or (where entitled or permitted to remain) in the deliberations of the tribunal.
Adjournments
12
1
A hearing may be adjourned by the tribunal at any time on the application of any party to the proceedings or of its own motion.
2
Where a hearing has been adjourned and it is not practicable, or would cause undue delay, for it to be resumed before a tribunal consisting of the same members, the appeal or application shall be heard by a tribunal none of the members of which was a member of the original tribunal and the proceedings shall be by way of a complete re-hearing of the case.
Decisions
13
1
A decision of the tribunal may be taken by a majority.
2
The chairman shall–
a
record in writing the decision of the tribunal;
b
include in the record of every decision a statement of the reasons for it, the findings of the tribunal on questions of fact material to the decision and the terms of any direction given under section 20(4) of the Act; and
c
if a decision is not unanimous, record a statement that one of the members dissented and the reasons given by him for so dissenting.
3
As soon as may be practicable after the decision of the tribunal a copy of the record of the decision made in accordance with this regulation shall be sent to every party to the proceedings who shall also be informed of the conditions governing appeals to a Commissioner.
4
If a child support officer to whom a case is referred by the Secretary of State under section 20(3) of the Act (procedure following a successful appeal) is uncertain, having regard to the terms of the decision and of any directions contained in it, how he should deal with the case, he may apply to the tribunal or another tribunal for directions or further directions, and the tribunal may give such directions or further directions as it thinks fit.
5
Upon receiving an application from a child support officer under paragraph (4) the clerk to the tribunal shall send a copy of it to all the other parties to the case, and the tribunal shall not give any directions or further directions on the application until those other parties have had a reasonable opportunity of making representations on it.
Corrections
14
1
Subject to regulation 16 (provisions common to regulations 14 and 15) accidental errors (whether of omission or commission) in any decision or record of any decision may at any time be corrected by the tribunal who gave the decision or by another tribunal.
2
A correction made to a decision or to the record of a decision shall be deemed to be part of the decision or of the record thereof and written notice of it shall be given as soon as practicable to every party to the proceedings.
Setting aside
15
1
Subject to regulation 16 (provisions common to regulations 14 and 15) on an application made by a party to the proceedings a decision may be set aside by the tribunal who gave the decision or by another tribunal in a case where it appears just to do so on the grounds that–
a
a document relating to the proceedings in which the decision was given was not sent to, or was not received at an appropriate time by, a party to the proceedings or the party’s representative or was not received at an appropriate time by the tribunal who gave the decision;
b
a party to the proceedings in which the decision was given or the party’s representative was not present at the hearing notice of which had been given under regulation 11(2); or
c
there has been some other procedural irregularity or mishap.
2
An application under this regulation shall be made in accordance with regulation 3.
3
Where an application to set aside a decision is made under paragraph (1) every party to the proceedings shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is decided.
4
Notice in writing of a decision on an application to set aside a decision shall be given to every party to the proceedings as soon as may be practicable and the notice shall contain a statement giving the reasons for the decision.
5
For the purpose of deciding an application to set aside a decision under these Regulations there shall be disregarded regulation 2 and any provision in any enactment or instrument to the effect that any notice or other document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to the person’s last known address.
Provisions common to regulations 14 and 15
16
1
In calculating time under regulation 2(1) of the Child Support Commissioners (Procedure) Regulations 1992 (applications for leave to appeal to a Commissioner) there shall be disregarded any day falling before the day on which notice was given of a correction of a decision or record thereof pursuant to regulation 14 or on which notice is given of a decision that a prior decision shall not be set aside following an application made under regulation 15, as the case may be.
2
Notwithstanding anything contained in these Regulations, there shall be no appeal against a correction made under regulation 14, or a refusal to make such a correction, or against a decision given under regulation 15.
3
Nothing in these Regulations shall be construed as derogating from any power to correct errors or set aside decisions which is exercisable apart from these Regulations.
Confidentiality
17
1
No information such as is mentioned in paragraph (2), and which has been provided for the purposes of any proceedings to which these Regulations apply, shall be disclosed except with the written consent of the person to whom the information relates.
2
The information referred to in paragraph (1) is–
a
any address, other than the address of the Central Office and the place where the oral hearing is to be held; and
b
any other information the use of which could reasonably be expected to lead to a person being located.
Signed by authority of the Secretary of State for Social Security.
Alistair Burt
Parliamentary Under-Secretary of State,
Department of Social Security
26th October 1992


text:
1
1
These Regulations may be cited as the Vehicles (Charges for Release from Immobilisation Devices) Regulations 1992 and shall come into force on 1st April 1992.
2
The Vehicles (Charges for Release from Immobilisation Devices) Regulations 1991 are hereby revoked.
2
For the purposes of section 104(4) of the Road Traffic Regulation Act 1984, the charge in respect of the release of a vehicle from an immobilisation device shall be £38.
Kenneth Baker
One of Her Majesty’s Principal Secretaries of State Home Office
25th February 1992


text:
Citation and commencement
1
1
This Order may be cited as the Durham, Northumberland and Tyne and Wear (County and District Boundaries) Order 1992.
2
This Order shall come into force on 1st December 1993 for any purpose set out in regulation 4(1) of the Local Government Area Changes Regulations 1976 .
3
For all other purposes, this Order shall come into force on 1st April 1994.
Interpretation
2
In this Order —
“district” includes a borough, a metropolitan borough and a city;
“Durham” means the county of Durham, and any reference to Chester-le-Street or to Derwentside is a reference to the Durham district of that name;
“electoral division” means an electoral division of the county to which an area is transferred by this Order ;
“the map” means one or more of the 13 maps prepared by the Department of the Environment, marked “Maps of the Durham, Northumberland and Tyne and Wear (County and District Boundaries) Order 1992”, duly numbered for reference, and Government Area Changes Regulations 1976;
“Northumberland” means the county of Northumberland, and any reference to Castle Morpeth or to Tynedale is a reference to the Northumberland district of that name;
“Tyne and Wear” means the metropolitan county of Tyne and Wear, and any reference to Gateshead or to Newcastle Upon Tyne is a reference to the Tyne and Wear district of that name;
any reference to an area as unparished is a reference to that area not forming part of any parish; and
except in article 7, “ward” means a ward of the district from or to which an area is transferred .
Transfers between Durham (Derwentside and Chester-le-Street) and Tyne and Wear (Gateshead)
3
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Durham, from the district named in column 3, and from the parish (or, where unparished, the ward) so named to —
a
Tyne and Wear;
b
Gateshead;
c
the parish (if any) and ward mentioned in column 4; and to
d
the Gateshead petty sessional division and the Gateshead and South Tyneside coroner’s district.
Table
(1) (2) (3) (4) Area marked — On Map — Transferred from Durham, and from — To Tyne and Wear, to Gateshead and to —
B, C & E
A, C, F, H, K, M, P, R, T, V, X, Z, BB, DD, FF, HH & KK.
A, C, E, F, H, K, M & P.
11
12
13
Chester — le — Street
Parish of Urpeth
Parish of Lamesley
Lamesley ward
A 7
Derwentside
Burnopfield ward
Chopwell and Rowlands Gill ward D and G 7
Derwentside
Burnopfield ward
Whickham South ward
D
A
9
10
Derwentside
Tanfield ward
Parish of Lamesley
Lamesley ward
A, D & E
A
8
9
Derwentside
Tanfield ward
Whickham South ward
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Tyne and Wear, from Gateshead, and from the parish (or where unparished, the ward) named in column 3 to —
a
Durham;
b
the district and the parish (if any) mentioned in column 4;
c
the ward, electoral division and petty sessional division so mentioned; and to
d
the North Durham coroner’s district.
Table
(1) (2) (3) (4) Area marked On map Transferred from Tyne and Wear, from Gateshead, and from — To Durham, and to —
C, D & E
A & D
B, D, G, J, L, N, Q, S, U, W, Y, AA, CC, EE, GG and JJ
10
11
12
Parish of Lamesley
Chester — le — Street
Parish of Urpeth
Urpeth ward
Pelton electoral division
Chester le Street petty sessional division
B, D, G, J, L, N, Q and R 13
C and E
B
9
10
Parish of Lamesley
Derwentside
Tanfield ward
Tanfield electoral division
Derwentside petty sessional division
B 7 Chopwell and Rowlands Gill ward
Derwentside
Burnopfield ward
Burnopfield and Dipton electoral division
Derwentside petty sessional division
C, E, F and H 7 Whickham South ward
Derwentside
Burnopfield ward
Burnopfield and Dipton electoral division
Derwentside petty sessional division
B and C
B
8
9
Whickham South ward
Derwentside
Tanfield ward
Tanfield electoral division
Derwentside petty sessional division
Transfers between Northumberland (Castle Morpeth) and Tyne and Wear (Gateshead and Newcastle)
4
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Northumberland, from Castle Morpeth, and from the parish of Heddon-on-the-Wall to —
a
Tyne and Wear; and to
b
the district, parish (if any), ward, petty sessional division and coroner’s district mentioned in column 3.
Table
(1) (2) (3) Area marked On map Transferred from Northumberland, from Castle Morpeth, and from the parish of Heddon — on — the — Wall to Tyne and Weat, and to —
L and M 4
Gateshead
Crawcrook and Greenside ward
Gateshead petty sessional division
Gateshead and South Tyneside coroner’s district
Q 4
Gateshead
Ryton ward
Gateshead petty sessional division
Gateshead and South Tyneside coroner’s district
B 2
Newcastle Upon Tyne
Newburn ward
Newcastle upon Tyne petty sessional division
Newcastle upon Tyne coroner’s district
B 1
Newcastle Upon Tyne
Parish of Woolsington
Woolsington ward
Newcastle upon Tyne petty sessional division
Newcastle upon Tyne coroner’s district
2
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Tyne and Wear, from the district and the ward named in column 3 to —
a
Northumberland;
b
Castle Morpeth;
c
the parish of Heddon-on-the-Wall;
d
the Heddon-on-the-Wall ward;
e
the Heddon on the Wall electoral division; and to
f
the Tynedale petty sessional division and the South Northumberland coroner’s district.
Table
(1) (2) (3) Area marked — On map — Transferred from —
K 4
Gateshead
Crawcrook and Greenside ward
N and P 4
Gateshead
Ryton ward
A, C & D 2
Newcastle Upon Tyne
Newburn ward
A 1
Newcastle Upon Tyne
Westerhope ward
Transfers between Northumberland (Tynedale) and Tyne and Wear (Gateshead)
5
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Northumberland, from Tynedale, and from the parish named in column 3 to Tyne and Wear, to Gateshead, to the ward mentioned in column 4, to the Gateshead petty sessional division and the Gateshead and South Tyneside coroner’s district, becoming unparished.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from Northumberland, from Tynedale, and from the following parish — To Tyne and Wear, to Gateshead, and to —
A & E
B & E
5
6
Hedley
Chopwell and Rowlands
Gill ward
A, C, D, F & H 3 Wylam Crawcrook and Greenside ward
2
Each unparished area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Tyne and Wear, from Gateshead, and from the ward named in column 3 to Northumberland, to Tynedale, to the parish, ward, and electoral division mentioned in column 4 and to the Tynedale petty sessional division and the South Northumberland coroner’s district.
Table
(1) (2) (3) (4) Area marked — On map Transferred from Tyne and Wear, from Gateshead, and from the following ward — To Northumberland, to Tynedale, and to —
B, C, D & F
A, C & D
5
6
Chopwell and Rowlands Gill
Parish of Hedley
South Tynedale ward
Slaley electoral division
J
B, E & G
3 & 4
3
Crawcrook and Greenside
Parish of Wylam
Wylam ward
Bywell electoral division
Transfers within Tyne and Wear between Gateshead and Newcastle upon Tyne
6
1
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Gateshead, and from the ward named in column 3 to Newcastle upon Tyne, to the ward mentioned in column 4 and to the Newcastle upon Tyne petty sessional division and the Newcastle upon Tyne coroner’s district, remaining unparished.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from Gateshead, and from the following ward — To Newcastle upon Tyne, and to the following ward —
BB 4 Blaydon Lemington Y 4 Ryton Lemington R, S, T & U 4 Ryton Newburn
2
Each area which is marked as shown in column 1 of the following Table on the map indicated in column 2 shall be transferred from Newcastle upon Tyne, and from the ward named in column 3 to Gateshead, to the ward mentioned in column 4, and to the Gateshead petty sessional division and the Gateshead and South Tyneside coroner’s district.
Table
(1) (2) (3) (4) Area marked — On map — Transferred from Newcastle upon Tyne, and from the following ward — To Gateshead, and to the following ward —
AA 4 Lemington Blaydon Z 4 Lemington Ryton V, W & X 4 Newburn Ryton
Consequential change to parish boundaries in Northumberland (Castle Morpeth)
7
1
In this article, “ward” means a ward of Castle Morpeth.
2
In Castle Morpeth, the area marked C on map 1 shall be transferred from the parish of Heddon-on-the-Wall to the parish of Ponteland, to the Ponteland South ward, and to the Ponteland East electoral division.
Town and country planning
8
1
In this article, “provision” means a provision of a development plan (as defined in section 336(1) of the Town and Country Planning Act 1990 ).
2
Any provision applying to an area transferred by this Order shall continue to apply to that area, notwithstanding the transfer, until replaced by a provision which so applies, and which is expressed to supersede the preserved provision.
Signed by authority of the Secretary of State
Robin Squire
Parlimentary Under Secretary of State,
Department of the Environment
1st December 1992


text:
Citation, commencement and interpretation
1
1
This Order may be cited as the Burton Hospitals National Health Service Trust (Establishment) Order 1992 and shall come into force on 4th November 1992.
2
In this Order unless the context otherwise requires —
“ the Act ” means the National Health Service and Community Care Act 1990;
“community health services” means any services which the Secretary of State may provide under section 3(1)(d) or (e) of, or Schedule 1 to, the National Health Service Act 1977 and any service which she has a duty to provide under section 5(1) or (1A) of that Act ;
“establishment date” means 4th November 1992;
“operational date” has the meaning assigned to it in paragraph 3(1)(e) of Schedule 2 to the Act;
“the trust” means the Burton Hospitals National Health Service Trust established by article 2 of this Order.
Establishment of the trust
2
There is hereby established an NHS trust which shall be called the Burton Hospitals National Health Service Trust.
Nature and functions of the trust
3
1
The trust is established for the purpose specified in section 5(1)(a) of the Act.
2
The trust’s functions (which include functions which the Secretary of State considers appropriate in relation to the provision of services by the trust for one or more health authorities) shall be —
a
to own and manage hospital accommodation and services provided at Burton District Hospital, Belvedere Road, Burton-on-Trent DE13 0RB and associated hospitals (including the management of its research facilities);
b
to manage community health services provided from Burton District Hospital, Belvedere Road, Burton-on-Trent DE13 0RB and to own associated premises.
Directors of the trust
4
The trust shall have, in addition to the chairman, 5 non-executive directors and 5 executive directors.
Operational date and accounting date of the trust
5
1
The operational date of the trust shall be 1st April 1993.
2
The accounting date of the trust shall be 31st March.
Limited functions before operational date
6
Between its establishment date and its operational date the trust shall have the functions —
a
of entering into NHS contracts;
b
of entering into other contracts including contracts of employment; and
c
of doing such other things as are reasonably necessary to enable it to begin to operate satisfactorily with effect from its operational date.
Assistance by health authorities before operational date
7
1
The South East Staffordshire Health Authority shall —
a
until the operational date, make such staff and facilities available to the trust as are required to enable the trust to carry out its limited functions pending the transfer or appointment of staff to or by the trust and the transfer of facilities to the trust;
b
make available such premises as are required to enable the trust to carry out its limited functions pending the transfer of those premises to the trust.
2
The South East Staffordshire Health Authority shall discharge the liabilities of the trust, incurred between the establishment date and the operational date, that are of a description specified in paragraph (3) of this article.
3
The liabilities referred to in the preceding paragraph are —
a
liability for the remuneration and travelling or other allowances of the chairman and non-executive directors of the trust;
b
liability for the travelling or other allowances of the members of committees and sub-committees of the trust who are not also directors of the trust;
c
liability for the remuneration of persons employed by the trust; and
d
any other liability which may reasonably be incurred by the trust for the purpose of enabling it to begin to operate satisfactorily with effect from its operational date.
4
The health authority specified for the purposes of paragraph 3(1)(f) of Schedule 2 to the Act (authority which is to make the scheme under section 6 of the Act for the transfer of staff) in relation to the trust shall be the South East Staffordshire Health Authority.
Restriction on disposal of assets
8
The sum specified for the purposes of paragraph 6(2)(d) of Schedule 2 to the Act (maximum value of freely disposable assets) in relation to the trust shall be £1,000,000.
Signed by authority of the Secretary of State for Health
Tim Yeo
Parliamentary Under Secretary of State,
Department of Health
23rd October 1992


text:
1
This Order may be cited as the Tower Hamlets (Prescribed Routes) Traffic Order 1968 (Variation) Order 1992 and shall come into force on 29th August 1992.
2
The Tower Hamlets (Prescribed Routes) Traffic Order 1968 shall be varied as follows.
3
In articles 4 and 11 for the words “southernmost island sites” there shall be substituted “southernmost island site”.
4
In article 6 for the words from “the east side” to the end there shall be substituted —
the west side of the junctions with St Anne Street and Three Colt Street eastwards for a distance of 13 metres.
.
5
In article 7 the word “northernmost” in the second place where it occurs shall be omitted.
6
For article 9 there shall be substituted —
9
No person shall cause any vehicle proceeding westbound in East India Dock Road in the said London Borough to turn so as to face in the opposite direction to that in which it was proceeding at the junction with Burdett Road, Commercial Road and West India Dock Road.
.
7
Article 10 shall be omitted.
8
For article 12 there shall be substituted —
12
No person shall cause any vehicle to enter those parts of the carriageway of Commercial Road which lie immediately north and immediately south of the northernmost island sites situate in that road or that part of the carriageway of East India Dock Road which lies south of the island site situated in that road from the junctions of Burdett Road, Commercial Road, East India Dock Road and West India Dock Road.
.
Signed by authority of theSecretary of State for Transport
D. M. Smith
Director (Docklands), London Regional Office of the
Department of Transport
24th August


text:
Citation and commencement
1
This Order may be cited as the Local Authorities (Goods and Services) (Public Bodies) Order 1992 and shall come into force on 9th December 1992.
Designation of bodies
2
Each of the following, being a person appearing to the Secretary of State to be exercising functions of a public nature, shall be a public body for the purposes of the Local Authorities (Goods and Services) Act 1970 in its application to England and Wales:
Her Majesty’s Chief Inspector of Schools in England
Her Majesty’s Chief Inspector of Schools in Wales
Bethnal Green City Challenge Company Limited
Bradford City Challenge Limited
Deptford City Challenge Limited
Hulme Regeneration Limited
Nottingham City Challenge Partnership Limited.
Restrictions on agreements which may be entered into
3
Agreements which may be entered into by a company by virtue of this Order shall be restricted to agreements with a local authority for the supply of goods or materials, or the provision of administrative, professional or technical services, by that authority to that body, in connection with financial or other assistance given or to be given to that body by any person for the purposes of the regeneration of any part of that authority’s area.
Michael Howard
Secretary of State for the Environment
11th November 1992
David Hunt
Secretary of State for Wales
11th November 1992


text:
Citation, commencement and interpretation
1
1
These Regulations may be cited as the Education (Grants) (Higher Education Corporations) Regulations 1992 and shall come into force on 8th January 1993.
2
In these Regulations —
a
“approved expenditure” means expenditure which is approved by the Secretary of State for the purposes of the payment of grant; and
b
“grant” means a grant in pursuance of these Regulations.
Payment of grant
2
1
Subject to paragraph (2) below the Secretary of State may pay grants of such amounts as he may determine to a higher education corporation established under section 122 of the Education Reform Act 1988 in respect of approved expenditure incurred or to be incurred by the corporation for the purposes of, or in connection with, the proposed provision of educational services by the institution to be conducted by the corporation from the transfer date applicable in relation to the corporation (as defined in section 123 of the Education Reform Act 1988).
2
No grants shall be payable pursuant to paragraph (1) above in respect of expenditure incurred or to be incurred on or after the transfer date.
3
Payments of grant shall be made at such times and in such instalments as the Secretary of State thinks appropriate.
Conditions of payment
4
The making of payments of grant shall be dependent on the fulfilment of such conditions as may be specified by the Secretary of State in the case in question.
Requirements to be observed
5
A higher education corporation to which payments of grant are made shall comply with such requirements (including requirements as to the repayment of grant or the payment to the Secretary of State of other sums related to the value of land or other property acquired, altered or maintained with the aid of grant or interest on sums due to him) as may be specified by the Secretary of State in the case in question.
6
1
Without prejudice to the generality of regulation 5, a corporation to which payments of grant are made shall —
a
where a grant has been paid in respect of expenditure to be incurred and the expenditure or part of it is not incurred, repay on application made in that behalf by the Secretary of State the grant paid or the proportionate part thereof; and
b
where grant has been paid in respect of capital expenditure incurred or to be incurred, obtain the written consent of the Secretary of State before disposing of any, or any part of any, land or other property in respect of which grant was paid, and where any such property is disposed of, shall pay to the Secretary of State on application made by him such sum as appears to him to represent the value of the property at the date of its disposal or such lesser sum as may be specified in his application.
2
In this regulation, the reference to land includes a reference to any interest in land.
John Patten
Secretary of State for Education
17th December 1992


text:
Citation and interpretation
1
1
This Order may be cited as the National Health Service and Community Care Act 1990 (Commencement No. 10) Order 1992.
2
In this Order, “ the Act ” means the National Health Service and Community Care Act 1990.
Days appointed
2
1
10th December 1992 is the day appointed for the coming into force of —
a
section 49 of the Act (transfer of staff from health service to local authorities);
b
in Schedule 9 to the Act (minor and consequential amendments) paragraph 16 (amendment of section 99(1)(b) of the Children Act 1975 — inquiries in Scotland), and section 66(1) of the Act so far as it relates to that paragraph; and
c
section 66(2) of and Schedule 10 to the Act (repeals) so far as they relate to section 99(1)(b) of the Children Act 1975.
2
1st April 1993 is the day appointed for the coming into force of each provision of the Act specified in column 1 of the Schedule to this Order (which relate to the matters specified in the second column of that Schedule) and of section 66(1) and (2) of the Act so far as they relate to the provisions of Schedules 9 and 10 to the Act respectively, specified in that column.
3
12th April 1993 is the day appointed for the coming into force of —
a
section 45 of the Act (recovery of charges due to local authorities for accommodation; and
b
in Schedule 9 to the Act (minor and consequential amendments) paragraph 25(2) (recovery of sums due to local authority where persons in residential accommodation have disposed of assets), and section 66(1) so far as it relates to that paragraph.
Virginia Bottomley
One of Her Majesty’s Principal Secretaries of State
30th November 1992


text:
1
1
These Rules may be cited as the Community Service and Combination Orders Rules 1992 and shall come into force on 1st October 1992.
2
In these Rules —
“Community service order” has the meaning assigned to it by section 14(1) of the Powers of Criminal Courts Act 1973 ;
“offender” means a person in respect of whom an order is in force;
“order” means a community service order or a combination order;
“relevant officer” has the meaning assigned by section 14(4) of the Powers of Criminal Courts Act 1973 , and, for these purposes, the said section 14(4) shall apply in relation to a combination order as if it were a community service order; and
“supervisor” means the person appointed to supervise the performance of work under an order at any particular time and who is responsible for ensuring that the work is satisfactorily performed.
2
The Community Service Orders Rules 1989 are hereby revoked.
3
The time spent by an offender in travelling in connection with the performance of work under an order shall not be reckoned as time worked under the order except where his relevant officer or supervisor decides that all the time so spent, or such part of it as he so decides, shall be so reckoned.
4
1
While performing work under an order an offender shall be required to comply with any reasonable directions of the supervisor as to the manner in which the work is to be performed and with any rules reasonably imposed by the supervisor in the place of work having regard to the circumstances of that work place, the interests of health or safety or the interests and well-being of other persons present.
2
Where an offender —
a
fails to comply with any such direction or rule as is mentioned in the preceding paragraph;
b
in any way fails satisfactorily to perform the work he has been instructed to do;
c
behaves in a disorderly or disruptive manner or in a manner likely to give offence to members of the public or any person for whose benefit the work is being performed; or
d
reports for work later than the appointed time
he may (without prejudice to any proceedings for failure to comply with the requirements of the order under Schedule 2 to the Criminal Justice Act 1991) be required to cease work that day and may, in addition, be required to leave the place of work forthwith; and where he is so required to cease work, the relevant officer may direct that some or all of any period of work for that day shall not be reckoned as time worked under the order.
5
1
Where bad weather prevents the performance of work, it shall be open to the supervisor to require the offender to remain in the expectation of its being possible to begin or resume work, as appropriate, or he may make arrangements for the offender to perform work at some other place or, where it is not practicable to make such arrangements, he shall dismiss the offender for the remainder of that day.
2
Any time during which bad weather prevents the performance of work may not be reckoned as time worked under an order except where the offender remains at the place of work either in the charge of the supervisor or because he is required by him so to remain.
6
1
The relevant officer or a person nominated by him shall make a report on an offender in respect of any week during which the offender has been instructed to perform work under the order.
2
A report made on an offender under paragraph (1) above shall include a record of the time worked by him during the week in question, the total time worked under the order and the number of hours which remain to be worked.
3
A copy of each report on an offender made under paragraph (1) above shall be given to him and, if it is made by another person, to the relevant officer.
Kenneth Clarke
One of Her Majesty’s Principal Secretaries of State
Home Office
28th August 1992