The Housing Benefit and Council Tax Benefit (Subsidy) Order 1994

Articles 3 and 15

SCHEDULE 1 CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS

PART I GENERAL AND INTERPRETATION

1.—(1) The additional sum which may be paid to an authority under section 135(5) of the Act shall be the aggregate of the housing benefit amounts calculated in accordance with Part II, except that in the case of authorities in Scotland who administer only council tax benefit the housing benefit amounts shall be nil, and the housing benefit bonus amount calculated in accordance with Part III.

(2) In this Schedule, unless the context otherwise requires, “housing benefit amounts” means the aggregate of the housing benefit applicable amount and the housing benefit further amount, calculated in accordance with Part II.

PART II APPLICABLE AND FURTHER AMOUNTS

Housing benefit applicable amount

2.  For the purposes of Part I, the housing benefit applicable amount shall be calculated by applying the following formula—

where

• A is—

  (a)

  in the case of the new town corporations in England or Scotland, the Development Board for Rural Wales, or the Scottish Homes, £1,810,284;

  (b)

  in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

  (i)

  in England, £76,265,774;

  (ii)

  in Wales, £2,896,005;

  (iii)

  in Scotland, £7,219,639;

• B—

  (a)

  except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 8, is the aggregate of the amounts obtained by multiplying each figure prescribed in column (2)(a)(i) to (2)(b)(iv) of that Schedule for that authority by the figure appropriate to that category and authority prescribed in column (2)(a) or (b), as the case may be, of Schedule 9;

  (b)

  in the case of an authority identified in column (1) of Schedule 10, is the aggregate amount determined in accordance with paragraph (a) above further multiplied by the figure specified for that authority in column (2) of that Schedule; and

• C is the total of the amounts for all authorities in the case in which the particular authority is placed by sub-paragraph (a), (b)(i), (b)(ii) or (b)(iii), as the case may be, of the definition of A.

Further amount

3.  For the purposes of Part I, the further amount shall be calculated by applying the following formula—

where—

• D is—

  (a)

  in the case of the new town corporations in England or Scotland, the Development Board for Rural Wales, or the Scottish Homes, £95,278;

  (b)

  in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

  (i)

  in England, £4,013,988;

  (ii)

  in Wales, £152,421;

  (iii)

  in Scotland, £379,981;

• E—

  (a)

  except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 8, is the amount prescribed in column (4)(a) of that Schedule for that authority;

  (b)

  in the case of an authority identified in column (1) of Schedule 10, is the aggregate amount determined in accordance with paragraph (a) above multiplied by the figure specified for that authority in column (3) of that Schedule; and

• F is the total of the amounts for all authorities in the case in which the particular authority is placed by sub-paragraph (a), (b)(i), (b)(ii) or (b)(iii), as the case may be, of the definition of D.

PART II I HOUSING BENEFIT BONUS AMOUNT

Housing benefit bonus

4.—(1) Subject to sub-paragraphs (2) to (4) below and for the purposes of Part I, in the case of an authority where the savings which are the sum of (G + M) are greater than L, the housing benefit bonus amount for that authority shall be 10 per cent.of the sum calculated by applying the following formula—

(2) In the case of an authority where the savings which are the sum of (G + M) are greater than K, the housing benefit bonus amount for that authority shall be the sum calculated for that authority in sub-paragraph (1) above plus 10 per cent.of the sum calculated by applying the following formula—

(3) In the case of an authority where the savings which are the sum of (G + M) do not exceed L there shall not be a housing benefit bonus amount for that authority.

(4) In this paragraph—

• G is equal to (H + J) × 32;

• H is the total sum of housing benefit savings made by that authority;

• J is the total sum of related income support savings made by that authority;

• K, in the case of an authority identified in column (1) of Schedule 11, is the figure prescribed in column (2) of that Schedule for that authority;

• L is 0.75 of the value of K;

• M is the same figure as M in paragraph 8 of Schedule 2 for that authority;

• “housing benefit savings” means any amount which would have been paid by way of housing benefit to a claimant during a benefit week, but for the investigation and intervention of one or more officers of an authority who have been designated by that authority for the investigation of fraud, and which would, had that amount been paid as housing benefit, have been a fraudulent overpayment, within the meaning of article 10(5), or, in a case where only a proportion of that non-payment was due to that investigation and intervention the amount shall be that proportion; and

• “related income support savings” means—

  (i)

  where housing benefit savings under this Schedule have been established and that investigation has also led to a determination by an adjudication officer that no income support, or less income support, is payable, any amount of income support that would, but for that investigation and consequent determination, have been paid in a benefit week, within the meaning prescribed therefor in regulation 2(1) of the Income Support (General) Regulations 1987(1); and

  (ii)

  in a case where the housing benefit savings were less than the total housing benefit not paid, the related income support savings shall be an amount determined by applying to the total of income support not paid a percentage equal to the percentage which the housing benefit savings bear to the total housing benefit not paid.

(1)

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