The Housing Benefit and Council tax Benefit (Subsidy) Order 1995

1Citation, commencement and interpretation

PART IIHOUSING BENEFIT SUBSIDY

2Interpretation of Part II

3Amount of housing benefit subsidy

4Rebates and allowances

5Backdated benefit

6Disproportionate rent increase

7Treatment of high rents

8Rent officers' determinations

9Additions in respect of homeless and short lease cases

10Other additions to housing benefit subsidy

11Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances

12Deduction from housing benefit subsidy

13Additions to and deductions from housing benefit subsidy in respect of benefits savings

PART IIICOUNCIL TAX BENEFIT SUBSIDY

14Interpretation of Part III

15Amount of council tax benefit subsidy

16Council tax benefit

17Backdated benefit

18Additions to council tax benefit subsidy

19Deductions to be made in calculating subsidy in respect of council tax benefit

20Deduction from council tax benefit subsidy

21Additions to and deductions from council tax benefit subsidy in respect of benefits savings

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

PART IGENERAL INTERPRETATION

1(1) The additional sum which may be paid to an...

PART IIAPPLICABLE AND FURTHER AMOUNTS

2Housing benefit applicable amount

3Further amount

PART IIISUPPLEMENTARY AMOUNT

4Supplementary amount

5Where the supplementary amount for an appropriate authority as calculated...

6Where the total of the supplementary amounts calculated in accordance...

7Where the supplementary amount for an appropriate authority as further...

8Until such time as the aggregate of the authorities' supplementary...

SCHEDULE 2CALCULATION OF COUNCIL TAX BENEFIT IN RESPECT OF ADMINISTRATION COSTS

PART IGENERAL INTERPRETATION

1(1) The additional sum which may be paid to an...

PART IIAPPLICABLE AND FURTHER AMOUNTS

2Council tax benefit applicable amount

3Further amount

4Calculation of applicable and further amounts

5Where the total of all the housing benefit amounts calculated...

6Where, in the case of an appropriate authority in England...

7Until the council tax benefit amounts under this Part as...

PART IIISUPPLEMENTARY AMOUNT

8Supplementary amount

9Where the supplementary amount for an appropriate authority as calculated...

10Where the total of the supplementary amounts calculated in accordance...

11Where the supplementary amount for an appropriate authority as further...

12Until such time as the aggregate of the authorities' supplementary...

SCHEDULE 3MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND

SCHEDULE 4CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS

PART IGENERAL INTERPRETATION

1In this Schedule, unless the context otherwise requires— “period overrun”...

PART IIDEDUCTIONS

2The percentage referred to in article 4(3)(a) for an authority...

3The percentage referred to in article 4(3)(b) for an authority...

4The percentage referred to in article 16(2) for an appropriate...

PART IIICALCULATIONS AND TABLES

5(1) In the heading to column 1 in the Table...

SCHEDULE 5THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY ISPAYABLE ON RENT ALLOWANCESTABLE

SCHEDULE 6RENT OFFICERS' DETERMINATIONS

1Calculation of the appropriate amount

2Rent officers' determination

3Where the rent officer determines a property-specific rent, and does...

4Rent offkers' property-specific and size-related rents

5No restriction on unreasonable rents or on rent increases

6Deductions in respect of allowances

8Termination date

10Interpretation

SCHEDULE 7AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED

SCHEDULE 8BENEFIT SAVINGS

PART IGENERAL INTERPRETATION

1(1) The additions to or deductions from, as the case...

PART IIHOUSING BENEFIT SAVINGS

2Addition to housing benefit subsidy

3In the case of a relevant authority where the savings...

4Deduction from housing benefit subsidy

PART IIICOUNCIL TAX BENEFIT SAVINGS

5Council tax benefit savings

6In the case of an authority where the savings which...

7Deduction from council tax benefit subsidy

8The Table referred to in this Schedule is as follows:...

SCHEDULE 9PRESCRIBED CASELOAD AND CLAIMS FIGURES

SCHEDULE 10PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AMOUNT

1995 No. 872

SOCIAL SECURITY

The Housing Benefit and Council tax Benefit (Subsidy) Order 1995

Made23rd March 1995

Laid before Parliament30th March 1995

Coming into force20th April 1995

The Secretary of State for Social Security, with the consent of the Treasury1, in exercise of the powers conferred upon him by sections 135(2), (4), (5), 136(1), 140(2) to (6) and 189(1) and (4) to (7) of the Social Security Administration Act 19922 and of all other powers enabling him in that behalf, after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992, with organisations appearing to him to be representative of the authorities concerned, hereby makes the following Order: