The Housing Benefit and Community Charge Benefit (Subsidy) (No. 2) Order 1993

PART III COMMUNITY CHARGE BENEFIT SUBSIDY

Interpretation of Part III

16.—(1) In this Part of this Order, unless the context otherwise requires–

“appropriate authority” means a charging authority to which section 139(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 139(3) of the Act refers;

“community charge benefit subsidy” means subsidy under section 140 of the Act;

“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989(1),

and other expressions shall have the same meanings as in the Community Charge Benefits Regulations.

(2) In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits granted by the appropriate authority during the relevant year, less–

(a) the deductions specified in article 22; and

(b) where, under sub-section (6) of section 139 of the Act(2)(arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.

Amount of community charge benefit subsidy

17.  The amount of an appropriate authority’s community charge benefit subsidy for the relevant year–

(a) for the purposes of section 140(2) of the Act (subsidy in respect of community charge benefit) shall be the amount or total of the amounts calculated in accordance with article 18;

(b) for the purposes of section 140(5) of the Act (subsidy in respect of the costs of administering community charge benefits) may include an additional sum in respect of the costs of administering community charge benefits calculated in accordance with Schedule 2.

Community charge benefit

18.—(1) Subject to paragraph (2), for the purposes of section 140(2) of the Act, an appropriate authority’s community charge benefit subsidy for the relevant year shall be–

(a) in the case of an appropriate authority to which articles 19 and 20 do not apply, 95 per cent. of its community charge benefit qualifying expenditure;

(b) in the case of an appropriate authority to which at least one of those articles is relevant an amount equal to the aggregate of–

(i) 95 per cent. of so much of its community charge benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the community charge benefit to which each of those articles which is relevant applies; plus

(ii) the appropriate amount calculated in respect of the community charge benefit under each such article,

plus, in each case, the addition, where applicable, under article 21, less in each case the deduction, where applicable, under article 23.

(2) Where, during the relevant year there has been a period overrun in respect of community charge benefit, that authority’s community charge benefit subsidy for that year shall be adjusted by deducting from the subsidy otherwise due under this article an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 4, of the community charge benefit qualifying expenditure for that authority.

Backdated benefit

19.  Where–

(a) during the relevant year an appropriate authority has, under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), treated any claim for a community charge benefit as made on a day earlier than that on which it is made; and

(b) any part of that appropriate authority’s community charge benefit qualifying expenditure is attributable to such earlier period,

for the purposes of article 18(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the community charge benefit qualifying expenditure so attributable.

Excess community charge benefits

20.—(1) Subject to paragraph (7), where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 18(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).

(2) Subject to paragraphs (3), (4), (5) and (6), the appropriate amount shall be–

(a) in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and

(b) in the case of excess benefits allowed in consequence of departmental error, 95 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and

(c) in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits, for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and

(d) where benefits have been allowed in advance and the appropriate authority subsequently identifies recoverable excess benefits which do not arise from a change in circumstances, the amount appropriate to the excess benefits as specified in paragraph (2)(a) or (e) of this article, as the case may be, for a period continuing not later than 2 benefit weeks, beginning with the benefit week after the week in which those excess benefits are so identified by that authority, and thereafter nil per cent. of the community charge benefit qualifying expenditure attributable to those excess benefits; and

(e) in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.

(3) In paragraph 2(a) and article 21(b)(i) “excess benefits allowed in consequence of an error of the appropriate authority making the payment” means excess benefits in consequence of a mistake made or something done or omitted to be done by the appropriate authority where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

(4) In paragraph 2(b) and article 21(b)(ii) “excess benefits allowed in consequence of departmental error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners) where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.

(5) In paragraph 2(c) and article 21(b)(iii) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being allowed in advance and a change in circumstances reducing or eliminating entitlement to those benefits, beginning with the benefit week next following the week in which the change is disclosed to the appropriate authority.

(6) This article shall not apply to an award of benefit to which paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.

(7) Any reference in this article to excess benefits shall not include any community charge benefit for any benefit period overrun or any period immediately following expiry of the specified period determined under regulation 54 of the Community Charge Benefit Regulations(3)except for so much of any such benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.

Addition to community charge benefit subsidy

21.  The addition referred to in article 18 shall be of the following amounts–

(a) in a case where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;

(b) in a case where it is discovered by an appropriate authority, during the relevant year, that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, and an amount is to be deducted under article 22 in relation to those excess benefits, an amount equal to–

(i) where the excess benefits are allowed in consequence of an error of the appropriate authority making the payment, within the meaning of article 20(3), 15 per cent. of the excess benefits;

(ii) where the excess benefits are allowed in consequence of a departmental error, within the meaning of article 20(4), 95 per cent. of that part of the excess benefits which have not been recovered by the appropriate authority and nil per cent. of the remainder of the excess benefits;

(iii) where technical excess benefits, within the meaning of article 20(5), are allowed, 15 per cent. of the excess benefits for a period not exceeding 2 benefit weeks, beginning with the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and nil per cent. of the excess benefit for any period thereafter;

(iv) where excess benefits are allowed for any other reason, 25 per cent. of the excess benefit.

Deductions to be made in calculating subsidy in respect of community charge benefit

22.—(1) The deductions referred to in article 16(2) are, subject to paragraph (2), of the following amounts, namely–

(a) where an appropriate authority has allowed excess community charge benefit falling within regulation 83(a) to (d) of the Community Charge Benefits Regulations(4)(meaning of excess benefits), the amount attributable to that excess;

(b) where an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations(5)(increases of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase;

(c) where during the relevant year an amount is recovered in relation to excess community charge benefit which was allowed in consequence of departmental error within the meaning of article 20(4) and where the excess benefit had occurred and been discovered in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount so recovered;

(d) where during the relevant year it is discovered by an appropriate authority that excess benefits have been allowed in either or both of the years ending 31st March 1991 and 31st March 1992, as the case may be, the amount of the excess benefits, but only to the extent that–

(i) the amount of the excess benefits or any part of it has not been deducted from community charge benefit qualifying expenditure under either article 15 of the 1991 Order or article 16 of the 1992 Order, as the case may be; and

(ii) the amount of the excess benefits or any part of it does not include an amount payable pursuant to paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made);

(e) where during the relevant year any instrument of payment which was issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument.

(2) Where in relation to any amount of benefit a deduction falls to be made under two or more sub-paragraphs of paragraph (1), only the higher or highest or, where the amounts are equal, only one amount shall be deducted.

Deduction from community charge benefit subsidy

23.  Where during the relevant year it is found by an appropriate authority that any instrument of payment issued by it during the period of 2 years ending on 31st March 1992 has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 18(1) shall be the amount of any subsidy that has been paid to that authority in respect of any such instrument.

(1)

S.I. 1989/1321, amended by S.I. 1990/834, 835, 1549, 1657, 1773, 1991/234, 849, 1599, 2742, 2910, 1992/432, 1026, 1101, 1326, 1585 and 2148.

(2)

Section 139(6) allows modifications of the community charge benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension.

(3)

Regulation 54 was amended by S.I. 1990/1773.

(4)

Regulation 83 was amended by S.I. 1990/834 and 1991/849.

(5)

Regulation 58 was amended by S.I. 1990/834.