The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013

Amendment of Schedule 4A to the 1998 Order having effect from 1st April 2012

4.—(1) Schedule 4A(1) (rent rebate limitation deductions (Housing Revenue Account dwellings)) to the 1998 Order is amended as follows.

(2) In Part 1 (interpretation)—

(a) before the definition of “dwelling” insert—

““Affordable Rent” means the rent payable to an authority in respect of a tenancy of a dwelling where the rent is set on the same basis as would have been case if the amount of rent were subject to a standard set by the Regulator of Social Housing under section 194 of the Housing and Regeneration Act 2008(2) (which requires the initial rent to be set at no more than 80% of local market rent (including service charges));

“Affordable Rent dwelling” means a dwelling which the authority has let on a tenancy for which it charges an Affordable Rent, and in relation to which either of the following applies—

(a)

the authority has entered into an agreement with a relevant party that the dwelling is one for which the authority will charge an Affordable Rent; or

(b)

the authority has received a written notice from a relevant party that the dwelling is one for which the authority charges an Affordable Rent;”; and

(b) after the definition of “new service” insert—

““relevant party” means—

(a)

the Homes and Communities Agency;

(b)

the Greater London Authority; or

(c)

the Secretary of State;”.

(3) In Part 2 (England) in paragraph 2 (liability to deduction) in sub-paragraph (5) after “void dwellings” insert “and dwellings which are Affordable Rent dwellings”.

(4) For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 2 to this Order.

(5) For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 3 to this Order.

(1)

Schedule 4A was inserted by S.I. 2004/646. Relevant amending instruments are S.I. 2005/535, 2006/559, 2007/26, 2007/731, 2008/695, 2009/2564, 2010/2481 and 2011/2957.

(2)

2008 c.17. Section 194 was amended by S.I. 2010/844 and by section 179 of, and Schedule 17 to, the Localism Act 2011 (2011 c.20).