The Discretionary Housing Payments (Grants) Order 2001

Statutory Instruments

2001 No. 2340

SOCIAL SECURITY

The Discretionary Housing Payments (Grants) Order 2001

Made

27th June 2001

Laid before Parliament

28th June 2001

Coming into force

2nd July 2001

The Secretary of State for Work and Pensions, with the consent of the TreasuryM1 , in exercise of the powers conferred upon him by sections 140B(1), 140C(1) and (4) and 189(4) to (6) of the Social Security Administration Act 1992M2 , and section 70 of the Child Support, Pensions and Social Security Act 2000M3 and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concernedM4 , hereby makes the following Order:

Marginal Citations

M1 See section 189(8) of the Social Security Administration Act 1992 (c. 5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c. 52), paragraph 10 of Schedule 3 to the Social Security (Recovery of Benefits) Act 1997 (c. 27) and paragraphs 57(3) of Schedule 3 to the Social Security (Transfer of Functions etc.) Act 1999 (c. 2).

M2 1992 c. 5; sections 140B and 140C were inserted by the Housing Act 1996, Schedule 12, paragraph 4 and section 140B(1) was amended by the Social Security Administration (Fraud) Act 1997 (c. 47), Schedule 1, paragraph 7. The sections are applied to the payments to which this Instrument relates by virtue of section 70(2) of the Child Support, Pensions and Social Security Act 2000.

M3 2000 c. 19.

M4 See section 176(1) of the Social Security Administration Act 1992.

Citation, commencement and interpretation E+W+S

1.—(1) This Order may be cited as the Discretionary Housing Payments (Grants) Order 2001 and shall come into force on 2nd July 2001.

(2) In this Order, unless the context otherwise requires—

• “the Act” means the Child Support, Pensions and Social Security Act 2000;

• “claim” means a claim by a relevant authority for payments towards the cost of making discretionary housing payments;

• [F1 “final claim” means any claim which falls to be made in accordance with article 3(2)(g);]

• [F1 “non-audit claim” means any claim made by a relevant authority F2 ... under article 3(2)(f) where the total amount of the claim in respect of the relevant year is less than £50,000;]

• “relevant year” means any year commencing on or after 1st April 2002.

Textual Amendments

F1 Words in art. 1(2) inserted (29.9.2004) by Discretionary Housing Payments (Grants) Amendment Order 2004 (S.I. 2004/2329), arts. 1, 2(2)

F2 Words in art. 1(2) omitted (1.9.2005 retrospective and with effect in accordance with art. 1(2)(a)) by virtue of Discretionary Housing Payments (Grants) Amendment Order 2005 (S.I. 2005/2052), arts. 1(1), 2(2)

Determining the amount of grant E+W+S

2.— [F3 (1)]  The payments made to a relevant authority in accordance with section 70 of the Act (grants towards the cost of discretionary housing payments) shall be determined by the Secretary of State having regard to—

(a) the most recent figures available in respect of the level of expenditure for housing benefit F4 ... by the authority [F5 and relevant awards of universal credit]; and

(b) such other matters as he considers appropriate.

[F6 (2) For the purpose of paragraph (1), a “relevant award of universal credit” means an award of universal credit, the calculation of which includes an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013, or would include such an amount but for paragraph 3(h) or (i) of Schedule 1 to those Regulations.]

Textual Amendments

F3 Art. 2 renumbered as art. 2(1) (with effect in accordance with art. 8(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(3)

F4 Words in art. 2(1)(a) omitted (with effect in accordance with art. 8(2) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(3)(a)(i)

F5 Words in art. 2(1)(a) inserted (with effect in accordance with art. 8(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(3)(a)(ii)

F6 Art. 2(2) inserted (with effect in accordance with art. 8(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(3)(b)

Claims E+W+S

3.—(1) Subject to the following paragraphs, a claim made under this Order shall be submitted in such manner and on such form, whether in a printed document or any other format, as may be approved or supplied by the Secretary of State.

(2) A claim shall be submitted by the relevant authority—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (e) by 31st October in a relevant year—

(i) showing the amount of payments it has made from 1st April to 30th September of that relevant year; and

(ii) estimating the total amount of payments it believes it will make between 1st April and 31st March of that relevant year.]

(f) showing the amount of payments made during the relevant year, by [F9 30th April] in the following relevant year; and

(g) [F10 except where the claim is a non-audit claim,] by 30th September in a relevant year—

(i) showing the amount of payments made during the previous relevant year, and

(ii) certified by the auditor of the relevant authority that the entries on the claim are fairly stated.

(3) Claims submitted by a relevant authority in accordance with paragraph (2) of this article shall be signed—

(a) in the case of a relevant authority in England and Wales, by the officer who is responsible for finance pursuant to section 151 of the Local Government Act 1972 M5 ;

F11 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Art. 3(2)(a)-(d) omitted (with effect in accordance with art. 8(2) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(4)(a)(i)

F8 Art. 3(2)(e) substituted (with effect in accordance with art. 8(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(4)(a)(ii)

F9 Words in art. 3(2)(f) substituted (25.7.2014 with effect in accordance with art. 1(2)) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014 (S.I. 2014/1667), arts. 1(1), 2(2)(a)

F10 Words in art. 3(2) inserted (29.9.2004) by Discretionary Housing Payments (Grants) Amendment Order 2004 (S.I. 2004/2329), arts. 1, 2(3)

F11 Art. 3(3)(b) omitted (with effect in accordance with art. 8(2) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(4)(b)

Marginal Citations

M5 1972 c. 70.

[F12 Records and information provisions E+W+S

4.— (1) A relevant authority shall, in relation to any relevant year—

(a) keep such records as are likely to be required for the purpose described in paragraph (2), should there be a final claim by that authority in respect of that year; and

(b) where there is such a claim, on request—

(i) produce such of those records, and

(ii) provide such other information,

as the auditor may require for the purpose described in paragraph (2).

(2) The purpose referred to in paragraph (1) is the purpose of satisfying the auditor that—

(a) the entries on the claim form are correctly stated; and

(b) expenditure on which the claim is based has been properly incurred,

so that a final claim may be made by the date specified in article 3(2)(g).

(3) The relevant authority shall, in relation to any relevant year—

(a) keep such records as are likely, in connection with any claim the authority may make in respect of that year, to be required for the purpose described in sub-paragraph (b); and

(b) on request—

(i) produce in time such of those records, and

(ii) provide in time such other information,

as the Secretary of State may require for the purpose of satisfying himself that the claim is accurate and properly calculated.

(4) In paragraph (3), “in time” means no later than the end of the period of six weeks beginning with the day on which the request referred to in that paragraph is sent to the relevant authority.]

Textual Amendments

F12 Art. 4 substituted (29.9.2004) by Discretionary Housing Payments (Grants) Amendment Order 2004 (S.I. 2004/2329), arts. 1, 2(4)

Audit provisions E+W+S

5.  A relevant authority shall procure that the final claim is audited by its auditor by 30th September in the year following the year to which that claim relates.

Payment E+W+S

[F13 6.— (1) Subject to paragraph (2) and article 6A, the Secretary of State may make payments by way of instalments by reference to claims submitted in accordance with article 3 but no final payment shall be made until the Secretary of State is satisfied that no request for information in accordance with article 4 is outstanding.

(2) An initial instalment payment for the relevant year may be made without reference to any claim submitted in accordance with article 3.]

Textual Amendments

F13 Art. 6 substituted (with effect in accordance with art. 8(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 8(5)

[F14 Estimating amounts E+W+S

6A.— (1) Where, in relation to any relevant year, a relevant authority has not, before the time specified in article 3, 4 or 5, as the case may be, complied with any condition with which it is required under that article to comply, the Secretary of State may estimate the amount of any payment, including any payment by instalments, payable to that authority in accordance with section 70 of the Act in respect of that year, and may employ for that purpose such criteria as he considers relevant.]

Textual Amendments

F14 Art. 6A inserted (29.9.2004) by Discretionary Housing Payments (Grants) Amendment Order 2004 (S.I. 2004/2329), arts. 1, 2(6)

Limit on total expenditure E+W+S

7.—(1)  [F15 Subject to paragraph (2), for the purposes of section 70(3)(a) of the Act (the limit on the total amount of expenditure in any year that may be incurred by a relevant authority in making discretionary housing payments) the limit in any year is the amount of grant the Secretary of State determines to make to the relevant authority [F16 in that year] multiplied by 2.5.]

(2) In the case of the period commencing 2nd July 2001 and ending 31st March 2002, the limit is the amount the Secretary of State has determined to make to a relevant authority as at 2nd July 2001 multiplied by 2.5.

Textual Amendments

F15 Art. 7(1) revoked (S.) (9.12.2014) by The Discretionary Housing Payments (Limit on Total Expenditure) Revocation (Scotland) Order 2014 (S.S.I. 2014/298), arts. 1(1), 2(a)

F16 Words in art. 7(1) substituted (25.7.2014 with effect in accordance with art. 1(2)) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014 (S.I. 2014/1667), arts. 1(1), 2(2)(b)

Signed by authority of the Secretary of State for Work & Pensions

Malcolm Wicks

Parliamentary Under-Secretary of State for Work & Pensions

We consent,

John Heppell

Nick Ainger

Two of the Lords Commissioners of Her Majesty’s Treasury

Explanatory Note

(This note is not part of the Order)

This Order sets out the procedure by which the Secretary of State will make payments towards the cost of discretionary housing payments in accordance with section 70 of the Child Support, Pensions and Social Security Act 2000.

Article 2 provides for the determination of the amount of grant the Secretary of State makes to a relevant authority.

Article 3 provides the procedure for making claims.

Article 4 makes provision in respect of the requirement to keep records and provision of information.

Article 5 makes provision in respect of audit requirements.

Article 6 makes provision in respect of payment of the grant.

Article 7 imposes a limit on the total amount of expenditure that may be incurred in any year by a relevant authority in making discretionary housing payments.

This Order does not impose a charge on business.