The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and interpretation

3. PART II HOUSING BENEFIT SUBSIDY

   1. 2. Interpretation of Part II

   2. 3. Amount of housing benefit subsidy

   3. 4. Rebates and allowances

   4. 5. Backdated benefit

   5. 6. Disproportionate rent increase

   6. 7. Treatment of high rents

   7. 8. Rent officers' determinations

   8. 9. Additions in respect of homeless and short lease rebates

   9. 10. Further additions to housing benefit subsidy

   10. 11. Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances

   11. 12. Deduction from housing benefit subsidy

   12. 13. Additions to and deductions from housing benefit subsidy in respect of benefit savings

4. PART III COUNCIL TAX BENEFIT SUBSIDY

   1. 14. Interpretation of Part III

   2. 15. Amount of council tax benefit subsidy

   3. 16. Council tax benefit

   4. 17. Backdated benefit

   5. 18. Additions to council tax benefit subsidy

   6. 19. Deductions to be made in calculating subsidy in respect of council tax benefit

   7. 20. Deduction from council tax benefit subsidy

   8. 21. Additions to and deductions from council tax benefit subsidy in respect of benefit savings

5. Signature

6. 1. SCHEDULE 1

      CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS

      1. PART I GENERAL INTERPRETATION

         1. 1. (1) The additional sum which may be paid to an...

      2. PART II APPLICABLE AMOUNT

         1. 2. Housing benefit amount

      3. PART III ADJUSTMENT AMOUNT

         1. 3. The adjustment referred to in paragraph 1 shall be calculated...

         2. 4. In each case where a claim for housing benefit, to...

         3. 5. Where an authority’s total credits in accordance with paragraph 4(a)...

         4. 6. Where an authority’s total debits in accordance with paragraph 4(b)...

         5. 7. This paragraph applies where a claim to which paragraph 4...

         6. 8. This paragraph applies where a claim to which paragraph 4...

      4. PART IV ADDITION FOR ACQUIRING AUTHORITIES

         1. 9. The addition that, pursuant to Part I, is to be...

   2. SCHEDULE 2

      CALCULATION OF COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS

      1. PART I GENERAL INTERPRETATION

         1. 1. (1) The additional sum which may be paid to an...

      2. PART II APPLICABLE AMOUNT

         1. 2. Council tax benefit applicable amount

         2. 3. Calculation of applicable amount

         3. 4. Where the total of the housing benefit amount and the...

         4. 5. Where, in the case of an appropriate authority in England...

         5. 6. Until the applicable amount under this Part as calculated under...

      3. PART III ADJUSTMENT FACTOR FOR PRIORITISATION OF CLAIMS

         1. 7. The adjustment referred to in paragraph 1 in relation to...

         2. 8. In each case where a claim for council tax benefit,...

         3. 9. Where an authority’s total credits in accordance with paragraph 8(a)...

         4. 10. Where an authority’s total debits in accordance with paragraph 8(b)...

         5. 11. This paragraph applies where a claim to which paragraph 8...

         6. 12. This paragraph applies where a claim to which paragraph 8...

      4. PART IV ADJUSTMENT FACTOR FOR THE 1996 ORDER

         1. 13. (1) In the case of an authority in England or...

   3. SCHEDULE 3

      MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND

   4. SCHEDULE 4

      CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS

      1. PART I GENERAL INTERPRETATION

         1. 1. In this Schedule, unless the context otherwise requires— “period overrun”...

      2. PART II DEDUCTIONS

         1. 2. The percentage referred to in article 4(3)(a) for an authority...

         2. 3. The percentage referred to in article 4(3)(b) for an authority...

         3. 4. The percentage referred to in article 16(2) for an appropriate...

      3. PART III CALCULATIONS AND TABLE

         1. 5. (1) In the heading to column (1) in the Table...

   5. SCHEDULE 5

      THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT ALLOWANCES

   6. SCHEDULE 6

      RENT OFFICERS' DETERMINATIONS

      1. 1. Calculation of the appropriate amount

      2. 2. Where the rent officer determines a property-specific rent, does not...

      3. 3. Where the rent officer determines a property-specific rent, and does...

      4. 4. Rent officers' property-specific and size-related rents

      5. 5. Restriction on unreasonable rents or on rent increases

      6. 6. Payments on account of rent allowance

      7. 7. Deductions in respect of allowances

      8. 8. Relevant date

      9. 9. Termination date

      10. 10. Apportionment

      11. 11. Reckonable rent cases

      12. 12. In a case where article 8(11) applies, the appropriate amount...

      13. 13. Interpretation

   7. SCHEDULE 7

      AMOUNTS BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED

   8. SCHEDULE 8

      ADDITIONAL SUBSIDY IN RESPECT OF RENT ALLOWANCE CASES

   9. SCHEDULE 9

      BENEFIT SAVINGS

      1. PART I GENERAL INTERPRETATION

         1. 1. (1) The additions to or deductions from, as the case...

      2. PART II HOUSING BENEFIT SAVINGS

         1. 2. Addition to housing benefit subsidy

         2. 3. In the case of a relevant authority where the savings...

         3. 4. Deduction from housing benefit subsidy

      3. PART III COUNCIL TAX BENEFIT SAVINGS

         1. 5. Council tax benefit savings

         2. 6. In the case of an authority where the savings which...

         3. 7. Deduction from council tax benefit subsidy

      4. PART IV TABLE

         1. 8. The Table referred to in this Schedule is as follows:...

   10. SCHEDULE 10

       PRESCRIBED CASELOAD FIGURES

   11. SCHEDULE 11

       PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AMOUNT

   12. SCHEDULE 12

       COST ADJUSTMENT FACTORS

   13. SCHEDULE 13

       SPECIFIED FIGURES FOR NEW AUTHORITIES IN ENGLAND AND WALES

7. Explanatory Note