The Income-related Benefits (Subsidy to Authorities) Order 1998

Article 20A

[F1 SCHEDULE 4A E+W+S RENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

Textual Amendments

F1 Sch. 4A inserted (1.4.2004) by Income-related Benefits (Subsidiary to Authorities) Amendment Order 2004 (S.I. 2004/646) , art. 1(1), Sch. 1 para. 7

PART 1 E+W+S INTERPRETATION

1.   In this Schedule— E+W+S

[F2 “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 (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;]

[F3 “dwelling” has the same meaning it bears in the determination made under section 80(1) of the Local Government and Housing Act 1989,]

“ HRA ” means the Housing Revenue Account of the authority the amount of whose subsidy is under consideration,

“new service” means—

(a)

a service provided in the relevant year that was not provided in 2001–02,

(b)

[F4 an extension to a service, where the service is provided in the relevant year to a greater extent than in 2001-02, or]

(c)

a service provided in the relevant year for which a charge is imposed which is a service which was previously provided without charge because it was funded by a specific grant or subsidy (other than subsidy),

[F5 “relevant party” means—

(a)

the Homes and Communities Agency;

(b)

the Greater London Authority; or

(c)

the Secretary of State;]

“rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in [F6 regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations], other than a payment specified in regulation [F7 regulation 12(1)(e)],

F8 ...

F9 ...

“void dwelling” means a dwelling that is unoccupied,

“2001–02” means the year beginning with 1st April 2001 (and any corresponding expression in which two years are similarly mentioned is to be read in the same way).

Textual Amendments

F2 Words in Sch. 4A Pt. 1 inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266) , arts. 1(1) , 4(2)(a)

F3 Words in Sch. 4A Pt. 1 inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(5)(a)

F4 Words in Sch. 4A Pt. 1 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(5)(b)

F5 Words in Sch. 4A Pt. 1 inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266) , arts. 1(1) , 4(2)(b)

F6 Words in Sch. 4A para. 1 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(11)(a) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )

F7 Words in Sch. 4A para. 1 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2009 (S.I. 2009/2564) , art. 1(1) , Sch. para. 2

F8 Words in Sch. 4A para. 1 omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(2)

F9 Words in Sch. 4A para. 1 omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(2)

PART 2 E+W+S ENGLAND

Liability to deduction E+W+S

2.— (1) This paragraph applies in the case of an authority in England in relation to the relevant year if the authority is specified in the Table in Part 3 of this Schedule for that year and the weekly rent limit for a dwelling that is so specified for the authority is less than the subsidy limitation rent. E+W+S

[F10 (2) The subsidy limitation rent for an authority is equal to the average weekly rent for a dwelling for the authority for the relevant year, calculated in accordance with sub-paragraph (3).]

[F11 (3)  For the purposes of sub-paragraph (2), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA. ]

F12 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of [F13 sub-paragraph (3)], void dwellings [F14 and dwellings which are Affordable Rent dwellings] are disregarded.

F15 ( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 ( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17 (8) For the purposes of calculating the total number of weeks for which rent is charged in [F18 sub-paragraph (3)] rent free periods shall be included.]

Textual Amendments

F10 Sch. 4A para. 2(2) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(a)

F11 Sch. 4A para. 2(3) substituted (1.4.2006) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2006 (S.I. 2006/559) , art. 1(1) , Sch. 1 para. 2(a)

F12 Sch. 4A para. 2(4) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(b)

F13 Words in Sch. 4A para. 2(5) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(c)

F14 Words in Sch. 4A para. 2(5) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266) , arts. 1(1) , 4(3)

F15 Sch. 4A para. 2(6) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(d)

F16 Sch. 4A para. 2(7) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(d)

F17 Sch. 4A para. 2(8) inserted (with effect in accordance with art. 1(4) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(3)(b)

F18 Words in Sch. 4A para. 2(8) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(c)

Amount of deduction E+W+S

3.— (1) The amount of the deduction from subsidy referred to in article 20A(2) shall be calculated as follows. E+W+S

• Step 1

  Divide the amount of rebates paid by the authority in the relevant year in respect of dwellings in the by the income of the authority for that year from rent and service charges (including rent and charges remitted by way of rebate) in respect of such dwellings.

• Step 2

  If the result of step 1 does not exceed the rebate proportion in England for the relevant year (see sub-paragraph (3))—

  (a)

  divide the weekly rent limit for a dwelling for the authority for the relevant year as specified in Part 3 of this Schedule by the subsidy limitation rent (see paragraph 2(2)),

  (b)

  subtract the result of paragraph (a) from the number 1, and

  (c)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).

  If the result of step 1 exceeds the rebate proportion in England for the relevant year—

  (i)

  multiply the amount by which the subsidy limitation rent exceeds the weekly rent limit for a dwelling for the authority for the relevant year as specified in Part 3 of this Schedule by the rebate proportion in England for the relevant year,

  (ii)

  multiply the subsidy limitation rent by the result of step 1,

  (iii)

  divide the result of paragraph (i) by the result of paragraph (ii), and

  (iv)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iii).

(2) For the purposes of the calculation in sub-paragraph (1), void dwellings are to be disregarded.

[F19 (3) The rebate proportion for each year commencing with 2010-11 is 0.761.]

Textual Amendments

F19 Sch. 4A para. 3(3) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481) , arts. 1(1) , 6(3)

[F20 PART 3 E+W+S WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

Textual Amendments

F20 Sch. 4A Pt. 3 substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014 (S.I. 2014/1667) , arts. 1(1) , 3(2) , Schs. 2

TABLE

RELEVANT YEAR 2014-15

Authority	Weekly rent limit
Adur	£94.08
Arun	£91.42
Ashfield	£68.96
Ashford	£89.56
Babergh	£89.62
Barking & Dagenham	£98.36
Barnet	£112.19
Barnsley	£75.32
Barrow in Furness	£75.43
Basildon	£87.42
Bassetlaw	£72.85
Birmingham	£83.42
Blackpool	£71.24
Bolsover	£82.51
Bournemouth	£83.38
Brent	£118.70
Brentwood	£94.97
Brighton and Hove	£84.74
Bristol	£81.74
Broxtowe	£75.74
Bury	£77.23
Cambridge	£103.44
Camden	£121.75
Cannock Chase	£74.08
Canterbury	£88.92
Castle Point	£89.17
Central Bedfordshire	£102.61
Charnwood	£74.92
Cheltenham	£80.94
Cheshire West and Chester	£82.99
Chesterfield	£80.44
City of London	£109.07
Colchester	£87.81
Corby	£79.16
Cornwall	£71.39
Crawley	£103.87
Croydon	£106.89
Dacorum	£109.40
Darlington	£71.55
Dartford	£90.09
Derby	£78.93
Doncaster	£73.72
Dover	£84.76
Dudley	£83.45
Durham	£70.79
Ealing	£103.65
East Devon	£81.78
East Riding of Yorkshire	£79.71
Eastbourne	£78.36
Enfield	£101.87
Epping Forest	£100.04
Exeter	£75.73
Fareham	£91.09
Gateshead	£77.00
Gloucester	£78.39
Gosport	£84.48
Gravesham	£90.02
Great Yarmouth	£79.66
Greenwich	£103.64
Guildford	£111.26
Hackney	£100.43
Hammersmith and Fulham	£116.75
Haringey	£106.71
Harlow	£92.94
Harrogate	£81.22
Harrow	£114.43
Havering	£97.15
High Peak	£73.72
Hillingdon	£109.39
Hinckley and Bosworth	£78.89
Hounslow	£104.76
Ipswich	£85.75
Isles of Scilly	£79.59
Islington	£120.18
Kensington and Chelsea	£128.78
Kettering	£82.13
Kingston upon Hull	£75.54
Kingston upon Thames	£113.32
Kirklees	£70.23
Lambeth	£108.93
Lancaster	£77.80
Leeds	£74.38
Leicester	£72.72
Lewes	£90.05
Lewisham	£96.77
Lincoln	£69.30
Luton	£87.42
Manchester	£73.34
Mansfield	£73.66
Medway	£82.50
Melton	£77.46
Mid Devon	£78.95
Mid Suffolk	£82.75
Milton Keynes	£86.31
New Forest	£100.04
Newark and Sherwood	£78.79
Newcastle upon Tyne	£77.06
Newham	£97.30
North East Derbyshire	£81.69
North Kesteven	£77.12
North Tyneside	£76.90
North Warwickshire	£88.87
North West Leicestershire	£79.19
Northampton	£83.99
Northumberland	£68.50
Norwich	£80.00
Nottingham	£75.47
Nuneaton and Bedworth	£78.48
Oadby and Wigston	£81.19
Oldham	£69.66
Oxford	£109.75
Poole	£86.12
Portsmouth	£85.64
Reading	£105.24
Redbridge	£103.52
Redditch	£78.79
Richmondshire	£78.11
Rotherham	£76.39
Rugby	£86.88
Runnymede	£110.62
Salford	£75.62
Sandwell	£82.09
Sedgemoor	£78.12
Selby	£78.86
Sheffield	£72.48
Shepway	£84.54
Shropshire	£82.20
Slough	£106.80
Solihull	£82.79
South Cambridgeshire	£107.38
South Derbyshire	£79.58
South Holland	£76.19
South Kesteven	£79.44
South Tyneside	£75.58
Southampton	£85.27
Southend on Sea	£86.67
Southwark	£108.56
St Albans	£113.50
Stevenage	£98.70
Stockport	£75.50
Stoke on Trent	£70.99
Stroud	£83.06
Sutton	£108.22
Swindon	£83.60
Tamworth	£80.85
Tandridge	£98.93
Taunton Deane	£82.75
Tendring	£83.99
Thanet	£81.61
Thurrock	£91.14
Tower Hamlets	£111.57
Uttlesford	£100.22
Waltham Forest	£102.85
Wandsworth	£125.63
Warwick	£94.64
Waveney	£79.63
Waverley	£113.81
Wealden	£85.87
Welwyn Hatfield	£109.40
West Lancashire	£76.71
Westminster	£125.72
Wigan	£78.60
Wiltshire	£88.49
Winchester	£101.74
Woking	£104.18
Wokingham	£114.39
Wolverhampton	£80.50
York	£79.87.]

PART 4 E+W+S WALES

Liability to deduction E+W+S

4.   This paragraph applies in the case of an authority in Wales in relation to the relevant year if the authority is specified in the Table in Part 5 of this Schedule for that year and E+W+S

where—

O

is the amount specified in column 1 of that Table for the authority,

P

is the guideline rent increase specified in column 2 of that Table for the authority, and

Q

is the average weekly rent for a dwelling for the authority for the relevant year (see paragraph 2(3)) [F21 and (5)].

Textual Amendments

F21 Words in Sch. 4A para. 4 added (1.4.2008) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2008 (S.I. 2008/695) , art. 1(1) , Sch. para. 3

Amount of deduction E+W+S

5.— (1) The amount of the deduction from subsidy referred to in article 20A(2) shall be calculated as follows. E+W+S

• Step 1

  Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.

• Step 2

  If the result of step 1 does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—

  (a)

  deduct (O + P) from Q (see paragraph 4),

  (b)

  divide the result of paragraph (a) by Q,

  (c)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).

  If the result of step 1 exceeds the rebate proportion for the relevant year—

  (i)

  deduct (O + P) from Q (see paragraph 4),

  (ii)

  divide the result of paragraph (i) by Q,

  (iii)

  divide the rebate proportion for Wales (see sub-paragraph (2)) by the result of step 1,

  (iv)

  multiply the result of paragraph (ii) by the result of paragraph (iii),

  (v)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iv).

[F22 (2) The rebate proportion for Wales for each relevant year commencing with 2006-07 is 0.66.]

Textual Amendments

F22 Sch. 4A para. 5(2) substituted (1.4.2006) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2006 (S.I. 2006/559) , art. 1(1) , Sch. 1 para. 5

[F23 PART 5 E+W+S AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4:AUTHORITIES IN WALES

Textual Amendments

F23 Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014 (S.I. 2014/1667) , arts. 1(1) , 3(3) , Schs. 3

TABLE

RELEVANT YEAR 2014-15

Authority	(1) Specified Amount “O”	(2) Guideline rent increase
Caerphilly	£71.63	£2.46
Cardiff	£81.99	£2.92
Carmarthenshire	£71.76	£2.79
Denbighshire	£69.22	£3.18
Flintshire	£72.02	£3.32
Isle of Anglesey	£67.78	£3.47
Pembrokeshire	£72.94	£3.37
Powys	£73.23	£3.08
Swansea	£70.65	£2.62
Vale of Glamorgan	£78.65	£3.30
Wrexham	£71.37	£3.15]]