Child Support, Pensions and Social Security Act 2000

70 Grants towards cost of discretionary housing payments. E+W+S

(1) The Secretary of State may, out of money provided by Parliament, make to a relevant authority such payments as he thinks fit in respect of—

(a) the cost to that authority of the making of discretionary housing payments; and

(b) the expenses involved in the administration by that authority of any scheme for the making of discretionary housing payments.

(2) The following provisions, namely—

(a) subsections (1), (3), (4), (5)(b) F1 . . . and (8) of section 140B of the M1 Social Security Administration Act 1992 (calculation of amount of subsidy payable to authorities administering housing benefit or council tax benefit), and

(b) section 140C of that Act (payment of subsidy),

shall apply in relation to payments under this section as they apply in relation to subsidy under section 140A of that Act.

(3) The Secretary of State may by order make provision—

(a) imposing a limit on the total amount of expenditure in any year that may be incurred by a relevant authority in making discretionary housing payments;

(b) imposing subsidiary limits on the expenditure that may be incurred in any year by a relevant authority in making discretionary housing payments in the circumstances specified in the order.

(4) An order imposing a limit by virtue of subsection (3)(a) or (b) may fix that limit either by specifying the amount of the limit or by providing for the means by which it is to be determined.

(5) An order under this section shall be made by statutory instrument, which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Subsections (4) to (6) of section 189 of the M2 Social Security Administration Act 1992 (supplemental and incidental powers etc.) shall apply in relation to any power to make an order under this section as they apply in relation to the powers to make an order that are conferred by that Act.

(7) Any power to make an order under this section shall include power to make different provision for different areas or different relevant authorities.

(8) In this section—

• “discretionary housing payment” means any payment made by virtue of regulations under section 69;

• “relevant authority” means an authority administering housing benefit or council tax benefit;

• “subsidy” has the same meaning as in sections 140A to 140G of the M3 Social Security Administration Act 1992;

• “year” means a financial year within the meaning of the M4 Local Government Finance Act 1992.

Textual Amendments

F1 Words in s. 70(2)(a) repealed (18.11.2003) by Local Government Act 2003 (c. 26), ss. 127(2), 128, Sch. 8 Pt. 1; S.I. 2003/2938, art. 2(g)(h)(v)

Modifications etc. (not altering text)

C1 S. 70(3)(a): transfer of functions (6.11.2014) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2014 (S.I. 2014/2918), arts. 1(1), 2(1) (with arts. 2(2), 5)

C2 S. 70(5) excluded (6.11.2014) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2014 (S.I. 2014/2918), arts. 1(1), 4(1)

Commencement Information

I1 S. 70 wholly in force at 2.7.2001; s. 70 not in force at Royal Assent see s. 86(2); s. 70 in force for certain purposes at 26.6.2001 and for all other purposes at 2.7.2001 by S.I. 2000/2295, art. 2(c)

Marginal Citations

M1 1992 c. 5.

M2 1992 c. 5.

M3 1992 c. 5.

M4 1992 c. 14.