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

PART II APPLICABLE AND FURTHER AMOUNTS

Council tax benefit applicable amount

2.  Subject to paragraphs 4 to 7 and for the purposes of Part I, the council tax benefit applicable amount shall be calculated by applying the following formula—

where—

• A is, in the case of appropriate authorities—

  (a)

  in England, £43,994,655;

  (b)

  in Wales, £2,364,676;

  (c)

  in Scotland, £5,218,010;

• 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 (3)(a) to (c) of that Schedule for that authority by the figure appropriate to that category and authority prescribed in column (3)(a), (b) or (c), as the case may be, of Schedule 9;

  (b)

  in the case of an authority listed 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 appropriate authorities in the case in which the particular appropriate authority is placed by sub-paragraph (a), (b) or (c), as the case may be, of the definition of A.

Further amount

3.  Subject to paragraphs 4 to 7 and for the purposes of Part I, the council tax benefit further amount shall be calculated by applying the following formula—

where—

• D is, in the case of appropriate authorities—

  (a)

  in England, £2,315,508;

  (b)

  in Wales, £124,457;

  (c)

  in Scotland, £274,632;

• E—

  (a)

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

  (b)

  in the case of an authority identified in column (1) of Schedule 10, is the 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 appropriate authorities in the case in which the particular appropriate authority is placed by sub-paragraph (a), (b) or (c), as the case may be, of the definition of D.

Calculation of applicable and further amounts

4.—(1) Subject to paragraphs 5 to 7, where in the case of an appropriate authority in England or Wales—

(a) α (being the total of the housing benefit amounts as calculated under Part II of Schedule 1, and the council tax benefit amounts calculated under this Part, in respect of that appropriate authority) exceeds α (being 120 per cent.of the relevant amount), the council tax benefit additional sum for that appropriate authority for the relevant year shall be the amount as calculated under Part I less the excess; or

(b) α (being the total of the housing benefit amounts as calculated under Part II of Schedule 1 and the council tax benefit amounts calculated under this Part in respect of that appropriate authority) is less than(being 95 per cent.of the relevant amount) the council tax benefit additional sum for that appropriate authority shall be the amount as calculated under Part I plus an amount equal to the difference betweenand ~.

(2) The relevant amount for the purposes of paragraphs 4 and 6 is the aggregate of the housing benefit amounts and community charge benefit amounts payable to that appropriate authority for the financial year ending 31st March 1993 calculated in accordance with Schedules 1 and 2 to the 1993 Order (calculation of subsidy in respect of administration costs).

5.  Where the total of all the housing benefit amounts calculated under Part II of Schedule 1 and the additional sums calculated under Part I and paragraph 4, less any amount paid by reason of Part III, is other than, for appropriate authorities—

(a) in England, £126,589,925;

(b) in Wales, £5,537,559,

the total of the council tax benefit amounts under this Part for an appropriate authority to which paragraph 4 does not apply shall be calculated, subject to paragraphs 6 and 7, by applying the following formula—

where—

• H is the total of the housing benefit amounts calculated under Part II of Schedule 1 and the council tax benefit amounts calculated under this Part in respect of that appropriate authority;

• J is the total of the housing benefit amounts calculated under Part II of Schedule 1 and the council tax benefit amounts calculated under this Part in respect of all appropriate authorities to whom paragraph 4 does not apply;

• K is the balance of the total of housing benefit amounts calculated under Part II of Schedule 1 and the council tax benefit amounts calculated under this Part for appropriate authorities after deduction of the housing benefit amounts as calculated under Part II of Schedule 1 and the council tax benefit amounts as calculated under this Part for such appropriate authorities to whom paragraph 4 applies; and

• L is the total of the housing benefit amounts calculated under Part II of Schedule 1 for that appropriate authority.

6.  Where, in the case of an appropriate authority in England or in Wales, as the case may be

(a) Σ (being the total of the housing benefit amounts calculated under Part II of Schedule 1 and the amount calculated under paragraph 5) exceeds β (being 120 per cent.of the relevant amount), the council tax benefit amounts calculated under this Part for that appropriate authority for the relevant year shall be the amount as calculated under paragraph 5 less the excess; or

(b) Σ (being the total of the housing benefit amounts calculated under Part II of Schedule 1 and the amount calculated under paragraph 5) is less than(being 95 per cent.of the relevant amount) the council tax benefit amounts calculated under this Part for that appropriate authority shall be the amount as calculated under paragraph 5 plus an amount equal to the difference between Σ and Υ.

7.  Until the council tax benefit amounts under this Part as calculated under paragraphs 4, 5 and 6 equal the amount specified in paragraphs 2 and 3 as subsidy in respect of the costs of administering council tax benefit for appropriate authorities in England or in Wales, as the case may be, the formula set out in paragraph 5 and paragraph 6 shall, subject to the modifications specified below, continue to apply to calculate the council tax benefit amounts under this Part for those appropriate authorities to whom neither paragraph 4 nor paragraph 6 has applied; and for that purpose—

(a) H shall apply as if the total of the council tax benefit amounts under this Part were the amount calculated under paragraph 5, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of the appropriate authority;

(b) J shall apply as if the total of the council tax benefit amounts under this Part were the total of the council tax benefit amounts calculated under paragraph 5, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of all appropriate authorities to which paragraph 6 did not apply in that calculation; and

(c) K shall apply as if the amount to be deducted to determine the balance of the total amount available were the housing benefit amounts as calculated under Part II of Schedule 1 and the council tax benefit amounts as calculated under this Part for appropriate authorities to whom, in the calculation under paragraphs 5 and 6, or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 6 applied.