The Housing Benefit and Council Tax Benefit (Subsidy) Order 1994

Articles 4(3) and 16(2)

SCHEDULE 4 CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS

PART I GENERAL AND INTERPRETATION

1.  In this Schedule, unless the context otherwise requires—

• “period overrun” means any period, in the relevant year —

  (i)

  which follows a benefit period in that year or the previous year; and

  (ii)

  in respect of which the authority makes a payment to a claimant after the expiration of the benefit period without making a further award under regulation 66 of the Housing Benefit Regulations(2), or regulation 57 of the Council Tax Benefit Regulations, as the case may be;

• “benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations, regulation 57 of the Council Tax Benefit Regulations or regulation 54 of the Community Charge Benefit Regulations (1), as the case may be, save that where an appropriate authority makes an award under one of those regulations for a specified period of less than 60 benefit weeks, it means 60 benefit weeks commencing with the benefit week when that specified period began; and

• “overrun week” means any week forming part of a period overrun.

PART II DEDUCTIONS

2.  The percentage referred to in article 4(3)(a) for an authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column 1 of that Table.

3.  The percentage referred to in article 4(3)(b) for an authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column 1 of that Table.

4.  The percentage referred to in article 16(2) for an appropriate authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column 1 of that Table.

PART III CALCULATIONS AND TABLE

5.—(1) In the heading to column 1 in the Table in sub-paragraph (2) below, “total benefit weeks” means the total of all benefit weeks and overrun weeks for all claimants in the appropriate category as described in paragraph 2, 3 or 4, as the case may be, granted benefit by the authority in the relevant year.

(2) The Table referred to in this Schedule is as follow:

Table

1. Overrun weeks in the relevant year as a percentage of the total benefit weeks in that year:	2. Percentage reduction for thepurpose of paragraph 2, 3 or 4, as the case may be:
81 to 100%	5%
61 to 80.99%	4%
41 to 60.99%	3%
21 to 40.99%	2%
5 to 20.99%	1%
less than 5%	nil per cent.

(1)

See section 189(8) of the Social Security Administration Act 1992 (c. 5).

(2)

S.I.1987/1967; the definition of “benefit week” was added by S.I. 1988/1445.