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[F14(1)The Secretary of State must by regulations prescribe a scheme (“the default scheme”) for the purposes of this paragraph.E+W+S
(2)The first financial year to which the default scheme relates must be the year beginning with 1 April 2013 (or such other year as is specified in section 10(4) of the Local Government Finance Act 2012).
(3)The default scheme must comply with the requirements of—
(a)paragraph 2(1) to (7), and
(b)any regulations under paragraph 2(8).
(4)The default scheme may in particular make provision that is equivalent to—
(a)provision made by a relevant enactment, or
(b)provision that is capable of being made under a relevant enactment,
with such modifications as the Secretary of State thinks fit.
(5)For the purposes of sub-paragraph (4), each of the following enactments as it had effect on the day on which the Local Government Finance Act 2012 was passed is a “relevant enactment”—
(a)sections 131 to 133 of the Social Security Contributions and Benefits Act 1992 (council tax benefit);
(b)sections 134 to 137 of that Act (general provisions about income-related benefits) so far as applying in relation to council tax benefit;
(c)section 1 of the Social Security Administration Act 1992 (entitlement to benefit dependent on claim) so far as applying in relation to council tax benefit;
(d)section 6 of that Act (regulations about council tax benefit administration);
(e)sections 32 to 34 of the Welfare Reform Act 2007 (benefit for persons taking up employment) so far as applying in relation to council tax benefit.
(6)The default scheme is to take effect, in respect of dwellings situated in the area of a billing authority, if the authority fails to make a scheme on or before 31 January 2013 (or such other date as is specified in section 10(4) of the Local Government Finance Act 2012).
(7)If the default scheme takes effect in the area of a billing authority, this Part applies to the default scheme as if it had been made by the authority.]
Textual Amendments
F1Schs. 1A, 1B inserted (31.10.2012) by Local Government Finance Act 2012 (c. 17), Sch. 4 para. 1
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