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

Requirement of claim E+W+S

4.—(1) The first condition is that subsidy shall be claimed in accordance with the provisions of and in the manner specified by this article.

(2) There shall be submitted by an authority to the Secretary of State, at the relevant office, on the form supplied by him to that authority [F1 or by means of an electronic communication], the following claims for subsidy, by reference to the amount of [F2 housing benefit] that that authority—

(a) estimates it will pay during the relevant year, by 1st March in the year preceding the relevant year;

(b) estimates it has up to that time and will by the end of that relevant year have paid, by 31st August in the relevant year;

(c) has paid in the relevant year, by [F3 30th April] in the following year.

(3) [F4 Except where an authority submits a claim by means of an electronic communication,] the final claim shall be copied to the authority’s auditor,

[F5 (a) in the case of an authority in England, the authority’s reporting accountant;

(b) in the case of an authority in Wales or Scotland, the authority’s auditor,

by 30th April in the following year]

F6 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6 (4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7 [F8 ( 4A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) An authority in Wales shall—

(a) if required to do so by the Secretary of State, submit to him, at the relevant office, in any of the above claims or returns, or

(b) if required to do so by the Secretary of State or the National Assembly for Wales, submit to him or, as the case may be, to them, at the relevant office, by way of an additional return on such form as is supplied by him or them [F9 or by means of an electronic communication] to that authority and not later than such date as he or they may require,

details in relation to subsidy in respect of rebates granted to tenants of dwellings within the authority’s Housing Revenue Account.]

(5) All claims and returns submitted by an authority consequent upon this article shall be signed [F10 or submitted by means of an electronic communication]—

(a) in the case of an authority in England or Wales, by [F11 the authority’s chief finance officer, as defined in section 5(8) of the Local Government and Housing Act 1989, or an officer to whom that officer has made a formal delegation];

(b) in the case of an authority in Scotland, by the proper officer pursuant to section 95 of the Local Government (Scotland) Act 1973 M1 .

Textual Amendments

F1 Words in art. 4(2) inserted (5.2.2007) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 2(4)(a)

F2 Words in art. 4(2) substituted (31.10.2021) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 3

F3 Words in art. 4(2)(c) substituted (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), 3

F4 Words in art. 4(3) inserted (5.2.2007) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 2(4)(c)

F5 Words in art. 4(3) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(3)

F6 Art. 4(4)(4ZA) omitted (with effect in accordance with art. 1(2) 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), 2(1)(a)

F7 Art. 4(4A) omitted (5.2.2007) by virtue of Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 2(4)(d)

F8 Art. 4(4A)(4B) inserted (1.4.2004) by Income-related Benefits (Subsidiary to Authorities) Amendment Order 2004 (S.I. 2004/646) , art. 1(1) , Sch. 1 para. 2(a)

F9 Words in art. 4(4B) inserted (5.2.2007) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 2(4)(e)

F10 Words in art. 4(5) inserted (5.2.2007) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 2(4)(f)

F11 Words in art. 4(5)(a) substituted (1.4.2004) by Income-related Benefits (Subsidiary to Authorities) Amendment Order 2004 (S.I. 2004/646) , art. 1(1) , Sch. para. 2(b)

Marginal Citations

M1 1973 c.65 .