The Housing Benefit and Council tax Benefit (Subsidy) Order 1995

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 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(1), 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 or regulation 57 of the Council Tax Benefit Regulations, 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 I 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 TABLES

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 follows—

TABLE

(1) Overrun weeks in the relevant year as a percentage of the total benefit weeks in that year	(2) Percentage reduction for the purpose 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)

Regulation 66 was amended by S.I. 1988/1971 and 1989/1322.