Housing Act 1996

Administration of housing benefit E+W+S

1 (1) Section 134 of the M1 Social Security Administration Act 1992 (arrangements for housing benefit) is amended as follows. E+W+S

(2) For subsection (1) (administering authority and form of benefit) substitute—

“(1) Housing benefit provided by virtue of a scheme under section 123 of the M2 Social Security Contributions and Benefits Act 1992 (in this Part referred to as “the housing benefit scheme”) shall be funded and administered by the appropriate housing authority or local authority.

(1A) Housing benefit in respect of payments which the occupier of a dwelling is liable to make to a housing authority shall take the form of a rent rebate or, in prescribed cases, a rent allowance funded and administered by that authority.

The cases that may be so prescribed do not include any where the payment is in respect of property within the authority’s Housing Revenue Account.

(1B) In any other case housing benefit shall take the form of a rent allowance funded and administered by the local authority for the area in which the dwelling is situated or by such other local authority as is specified by an order made by the Secretary of State.”.

(3) In subsection (2)(b) omit the words “or rates”.

(4) Omit subsections (3), (4), (6) and (7).

(5) For subsection (5) (agreements with other authorities for carrying out of functions) substitute—

“(5) Authorities may—

(a) agree that one shall discharge functions relating to housing benefit on another’s behalf; or

(b) discharge any such functions jointly or arrange for their discharge by a joint committee.

(5A) Nothing in this section shall be read as excluding the general provisions of the M3 Local Government Act 1972 or the M4 Local Government (Scotland) Act 1973 from applying in relation to the housing benefit functions of a local authority.”.

(6) In subsection (9) for the words from “the rebates or allowances” to the end substitute “ the housing benefit which will be paid by the authority in any year will not exceed the permitted total or any subsidiary limit specified by order of the Secretary of State. ”.

(7) In subsection (11) for the words from “the rebates or allowances” to the end substitute “ the housing benefit paid by them during the year exceeds the permitted total or any subsidiary limit specified by order of the Secretary of State. ”.

(8) For subsection (12) substitute—

“(12) The Secretary of State—

(a) shall by order specify the permitted total of housing benefit payable by any authority in any year; and

(b) may by order specify one or more subsidiary limits on the amount of housing benefit payable by any authority in any year in respect of any matter or matters specified in the order.

The power to specify the permitted total or a subsidiary limit may be exercised by fixing an amount or by providing rules for its calculation.”.

Marginal Citations

M1 1992 c. 5.

M2 1992 c. 4.

M3 1972 c. 70.

M4 1973 c. 65.