Part VIE+W Housing Finance

Modifications etc. (not altering text)

C1Pt. 6 (ss. 74-86) applied (1.4.1997) by 1992 c. 5, s. 140G (as inserted (1.4.1997) by 1996 c. 52, s. 121, Sch. 12 paras. 4; S.I. 1997/618, art. 2 (subject to transitional provisions in Sch.))

Housing subsidiesE+W

[F180A Final decision on amount of Housing Revenue Account subsidy.E+W

(1)The [F2Welsh Ministers] shall, as soon as [F3they think] fit after the end of the year, make a final decision as to the amount (if any) of Housing Revenue Account subsidy payable to a local housing authority [F4in Wales] for that year and notify the authority in writing of [F5their] decision.

[F6(1A)Notification in writing of a decision under this section is to be taken as given to a local housing authority where notice of the decision is sent using electronic communications to such address as may for the time being be notified by that authority to the [F7Welsh Ministers] for that purpose.

F6(1B)Notification in writing of a decision under this section is also to be treated as given to a local housing authority where—

(a)the [F8Welsh Ministers] and that authority have agreed that notifications of decisions under this section required to be given in writing to that authority may instead be accessed by that authority on a web site;

(b)the decision is a decision to which that agreement applies;

(c)the [F9Welsh Ministers have] published the decision on a web site;

(d)that authority is notified, in a manner for the time being agreed for the purpose between it and the [F10Welsh Ministers], of—

(i)the publication of the decision on a web site;

(ii)the address of that web site; and

(iii)the place on that web site where the notice may be accessed, and how it may be accessed.

F6(1C)A local housing authority which is no longer willing to accept electronic communications for the notification of decisions under this section, may withdraw a notification of an address given to the [F11Welsh Ministers] for the purposes of subsection (1A) above, and such a withdrawal shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the [F11Welsh Ministers] that it wants to withdraw the notification of the address given.

F6(1D)A local housing authority which has entered into an agreement with the [F12Welsh Ministers] under paragraph (a) of subsection (1B) above may revoke the agreement, and such a revocation shall take effect on a date specified by the authority being a date no less than one month after the date on which the authority informs the [F12Welsh Ministers] that it wants to revoke the agreement.]

(2)Once notified to the authority the decision is conclusive as to the amount (if any) payable by way of subsidy and shall not be questioned in any legal proceedings.

(3)Where the amount of Housing Revenue Account subsidy paid to an authority is less than the amount finally decided, the authority is entitled to be paid the balance.

(4)Where Housing Revenue Account subsidy has been paid to an authority in excess of the amount finally decided, the [F13Welsh Ministers] may recover the excess, with interest from such time and at such rates as [F14they think] fit.

[F15(4A)Without prejudice to other methods of recovery, a sum recoverable under subsection (4) above may—

(a)be recovered by withholding or reducing subsidy, and

(b)if the sum is referable to housing benefit in respect of houses or other property within the authority’s Housing Revenue Account, be recovered by withholding or reducing rent rebate subsidy under Part 8 of the Social Security Administration Act 1992.]

(5)Nothing in this section affects any power of the [F16Welsh Ministers] to vary a determination as to the amount of subsidy before the final decision is made.]

Textual Amendments

F1S. 80A inserted (1.10.1996 with effect as mentioned in Sch. 18 para. 5(2) of the amending Act) by 1996 c. 52, s. 222, Sch. 18 para. 5(1); S.I. 1996/2402, art. 3

F6S. 80A(1A)-(1D) inserted (E.) (10.12.2000) by S.I. 2000/3056, art. 2 and the said insertion extended to Wales (1.4.2001) by S.I. 2001/605, art. 2(2)

F15S. 80A(4A) substituted for words (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3)(e), Sch. 7 para. 31; S.I. 2003/2938, art. 2(a) (with art. 8, Sch.)

Modifications etc. (not altering text)

C3S. 80A extended (W.) (1.4.2001) by S.I. 2001/605, art. 2(1), Sch.