The Housing Benefit and Community Charge Benefit (Subsidy) Order 1992

PART II APPLICABLE AND FURTHER AMOUNTS

Community charge benefit applicable amount

2.  For the purposes of Part I of this Schedule, but subject to paragraphs 4 to 7, the community charge benefit applicable amount shall be calculated by applying the following formula—

where—

• A is, in the case of appropriate authorities—

  (a)

  in England, £69,556,150;

  (b)

  in Wales, £3,200,550;

  (c)

  in Scotland, £7,501,200;

• B—

  (a)

  except where paragraph (b) below applies, in the case of an authority listed in column (1) of Schedule 7, is the aggregate of the amounts obtained by multiplying each figure prescribed in column (3)(a) to (b) of that Schedule for that authority by the figure appropriate to that category and authority prescribed in column (3)(a) or (b), as the case may be, of Schedule 8,

  (b)

  in the case of an authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) above further multiplied by the figure specified for that authority in column (2) of Schedule 9; and

• C is the total of the amounts for all appropriate authorities in the category to which the particular appropriate authority belongs specified in sub-paragraph (a), (b) or (c), as the case may be, of the definition of A.

Further amount

3.  For the purposes of Part I of this Schedule, but subject to paragraphs 4 to 7, the further amount shall be calculated by applying the following formula—

where—

• D is, in the case of appropriate authorities—

  (a)

  in England, £3,660,850;

  (b)

  in Wales, £168,450;

  (c)

  in Scotland, £394,800;

• E—

  (a)

  except where paragraph (b) below applies, in the case of an authority listed in column (1) of Schedule 7, is the figure specified in column (4)(b) of that Schedule for that authority,

  (b)

  in the case of an authority listed in column (1) of Schedule 9, is the amount determined in accordance with paragraph (a) above multiplied by the figure specified for that authority in column (2) of Schedule 9; and

• F is the total of the amounts for all appropriate authorities in the category to which the particular appropriate authority belongs specified in sub-paragraph (a), (b) or (c), as the case may be, of the definition of D.

4.—(1) Subject to paragraphs 5 to 7, where, in the case of an appropriate authority in England or Wales—

(a) X (being the total of the housing benefit amounts as calculated under Part II of Schedule 1, and the community charge benefit amounts calculated under this Part, in respect of that appropriate authority) exceeds Y (being 150 per cent. of the relevant amount), the community charge benefit additional sum for that appropriate authority for the relevant year shall be the amount as calculated under Part I of this Schedule less the excess; or

(b) X (being the total of the housing benefit amounts as calculated under Part II of Schedule 1 and the community charge benefit amounts calculated under this Part in respect of that appropriate authority) is less than Z (being 95 per cent. of the relevant amount) the community charge benefit additional sum for that appropriate authority shall be the amount as calculated under Part I of this Schedule plus the difference.

(2) The relevant amount for the purposes of paragraphs 4 and 6 is the aggregate of the housing benefit and community charge benefit applicable amounts and further amounts payable to that appropriate authority for the financial year ending 31st March 1991 calculated in accordance with Schedules 1 and 2 to the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991(1) (calculation of subsidy in respect of administration costs).

5.  Where the total of all the housing benefit amounts calculated under Part II of Schedule 1 and the additional sums calculated under Part I of this Schedule and paragraph 4 above, less any amount paid by reason of Part III of this Schedule, is less than, or more than, for appropriate authorities—

(a) in England, £116,245,000;

(b) in Wales £5,253,500;

the total of the community charge benefit amounts under this Part for an appropriate authority to which paragraph 4 does not apply shall be calculated, subject to paragraphs 6 and 7, by applying the following formula—

where—

• G is the total of the housing benefit amounts calculated under Part II of Schedule 1 and the community charge benefit amounts calculated under this Part in respect of that appropriate authority;

• H is the total of the housing benefit amounts calculated under Part II of Schedule 1 and the community charge benefit amounts calculated under this Part in respect of all appropriate authorities in England and in Wales, as the case may be, to which paragraph 4 does not apply;

• J is the balance of the total of housing benefit amounts calculated under Part II of Schedule 1 and the community charge benefit amounts calculated under this Part for appropriate authorities in England and in Wales, as the case may be, after deduction of the housing benefit amounts as calculated under Part II of Schedule 1 and the community charge benefit amounts as calculated under this Part for such appropriate authorities to which paragraph 4 applies; and

• K is the total of the housing benefit amounts calculated under Part II of Schedule 1 for that appropriate authority.

6.  Where, in the case of an appropriate authority in England or in Wales, as the case may be,—

(a) X (being the total of the housing benefit amounts calculated under Part II of Schedule 1 and the amount calculated under paragraph 5) exceeds Y (being 150 per cent. of the relevant amount), the community charge benefit amounts as calculated under this Part for that appropriate authority for the relevant year shall be the amount as calculated under paragraph 5 less the excess; or

(b) X (being the total of the housing benefit additional sum calculated under Part II of Schedule 1 and the amount calculated under paragraph 5) is less than Z (being 95 per cent. of the relevant amount) the community charge benefit amounts as calculated under this Part for that appropriate authority shall be the amount as calculated under paragraph 5 plus the difference.

7.  Until the community charge benefit amounts under this Part as calculated under paragraphs 4, 5 and 6 equals the amount specified in paragraphs 2 and 3 as subsidy in respect of the costs of administering community charge benefit for appropriate authorities in England and in Wales, as the case may be, the formula set out in paragraph 5 and paragraph 6 shall, subject to the modifications specified below, continue to apply to calculate the community charge benefit amounts under this Part for those appropriate authorities to which neither paragraph 4 nor paragraph 6 has applied; and for that purpose—

(a) G shall apply as if the total of the community charge benefit amounts under this Part were the amount calculated under paragraph 5, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of the appropriate authority;

(b) H shall apply as if the total of the community charge benefit amounts under this Part were the total of the community charge benefit amounts calculated under paragraph 5, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of all appropriate authorities to which paragraph 6 did not apply in that calculation; and

(c) J shall apply as if the amount to be deducted to determine the balance of the total amount available were the housing benefit amounts as calculated under Part II of Schedule 1 and the community charge benefit amounts as calculated under this Part for appropriate authorities to which, in the calculation under paragraphs 5 and 6, or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 6 applied.

(1)

S.I. 1991/587.