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

[F1 PART 2 E+W+S ENGLAND

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

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

[F2 (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).]

[F3 (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. ]

F4 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of [F5 sub-paragraph (3)], void dwellings [F6 and dwellings which are Affordable Rent dwellings] are disregarded.

F7 ( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F8 ( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9 (8) For the purposes of calculating the total number of weeks for which rent is charged in [F10 sub-paragraph (3)] rent free periods shall be included.]

Textual Amendments

F2 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)

F3 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)

F4 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)

F5 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)

F6 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)

F7 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)

F8 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)

F9 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)

F10 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.

[F11 (3) The rebate proportion for each year commencing with 2010-11 is 0.761.]]

Textual Amendments

F11 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)