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The Income-related Benefits (Subsidy to Authorities) Order 1998

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Statutory Instruments

1998 No. 562

SOCIAL SECURITY

The Income-related Benefits (Subsidy to Authorities) Order 1998

Made

4th March 1998

Laid before Parliament

10th March 1998

Coming into force

31st March 1998

The Secretary of State for Social Security, with the consent of the TreasuryM1, in exercise of the powers conferred upon her by sections 140B, 140C(1), (2) and (4), 140E and 189(1) and (4) to (7) of the Social Security Administration Act 1992M2, section 122(4) of and paragraph 5 of Schedule 12 to the Housing Act 1996M3 and of all other powers enabling her in that behalf, after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992M4, with organisations appearing to her to be representative of the authorities concerned, hereby makes the following Order:

Marginal Citations

M1 See section 189(8) of the Social Security Administration Act 1992 (c.5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c.52).

M2 1992 c.5 ; sections 140B, 140C and 140E were inserted by section 121 of and paragraph 4 of Schedule 12 to the Housing Act 1996; section 140B was amended by section 10 of, paragraph 7 of Schedule 1 and Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c.47) ; Section 140C(4) gives it retrospective effect.

M3 1996 c.52 ; section 189(3) to (7) of the Social Security Administration Act is applied to paragraph 5 of Schedule 12 to the Housing Act by paragraph 5(3) of that Schedule.

M4Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.

PART IE+W+S GENERAL

Citation, commencement and interpretationE+W+S

1.—(1) This Order, which may be cited as the Income-related Benefits (Subsidy to Authorities) Order 1998, shall come into force on 31st March 1998 and shall have effect in relation to any relevant year.

(2) In this Order, unless the context otherwise requires —

  • “the Act" means the Social Security Administration Act 1992;

  • “authority" means a billing, housing or, as the case may be, local authority;

  • “a 1997 authority" means a successor authority, whose reorganisation date was 1st April 1997;

  • “a 1998 authority" means a successor authority, whose reorganisation date was 1st April 1998;

  • “new authority" means

    (i)

    in England, a successor authority, whose reorganisation date was 1st April 1996;

    (ii)

    in Wales, an authority constituted under sections 20 and 21 of the Local Government Act 1972 M5, and

    (iii)

    in Scotland, an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 M6;

  • “the English Regulations" means the Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 M7;

  • F1...

  • “the previous Orders" means the 1989 Order, the 1990 Order, the 1991 Order, the 1992 Order, the 1993 Order, the 1994 Order, the 1995 Order, the 1996 Order and the 1997 Order;

  • “relevant benefit" has the meaning ascribed to it in section 140B(6) of the Act M8;

  • “following year" means the year following the relevant year;

  • “relevant year" means the year, commencing on 1st April 1997 or on the 1st April in any year thereafter, in respect of which a claim for subsidy is made;

  • “the 1989 Order" means the Housing Benefit (Subsidy) Order 1989 M9;

  • “the 1990 Order" means the Housing Benefit (Subsidy) Order 1990 M10;

  • “the 1991 Order" means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 M11;

  • “the 1992 Order" means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 M12;

  • “the 1993 Order" means the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 M13;

  • “the 1994 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 M14;

  • “the 1995 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 M15;

  • “the 1996 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 M16, and

  • “the 1997 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 M17.

(3) In paragraph (2), “successor authority" and “reorganisation date" have the same meanings as in regulation 2(1) of the English Regulations.

(4) In this Order, unless the context otherwise requires, a reference—

(a)to a numbered Part in this Order or a Schedule to this Order, is to the Part in this Order, or that Schedule, as the case may be, bearing that number;

(b)to a numbered article in or Schedule to this Order, is to the article in or Schedule to this Order, as the case may be, bearing that number;

(c)in an article or a Schedule to a lettered or numbered paragraph is to the paragraph bearing that letter or number in that article or that Schedule; and

(d)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

Textual Amendments

F1 Words in art. 1(2) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 2

Marginal Citations

M5 1972 c.70 ; sections 1 and 2 of the Local Government (Wales) Act 1994 (c.19) substituted sections 20 and 21 of the Local Government Act 1972 and made other consequential amendments to that Act.

M8 Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52) .

PART IIE+W+S CLAIMS FOR AND PAYMENT OF SUBSIDY

Interpretation of Parts II and IVE+W+S

2.  In this Part and also in Part IV, unless the context otherwise requires—

  • [F2“base data return” means a return pursuant to article 4(4A);]

  • F3...

  • “claim" means an initial claim, mid-year claim, final claim or a return pursuant to article 4(4), as the case may be;

  • “claim form" means the form supplied by the Secretary of State pursuant to article 4(2)(a), (b) or (c) or (4), as the case may be;

  • [F4“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000]

  • F5...

  • “final claim" means a claim for subsidy pursuant to article 4(2)(c);

  • “final subsidy" means any subsidy which is not interim subsidy [F6or an amount paid, withheld or deducted pursuant to article 8A];

  • [F7“HBAP” means the Housing Benefit Assurance Process published by the Department for Work and Pensions on 29th March 2017 and last updated on 27th March 2018;]

  • “initial claim" means a claim for subsidy pursuant to article 4(2)(a);

  • “interim subsidy" means subsidy pursuant to articles F8... 8(1) or 9(4), as the case may be;

  • “mid-year claim" means a claim for subsidy pursuant to article 4(2)(b);

  • “the form" means a printed document or any other format upon which a claim may be set out, or any combination of such formats or alternative formats, as the Secretary of State determines; and

  • “the relevant office" means such office as may be designated by the Secretary of State.

  • [F7“report of factual findings” means the report completed by the reporting accountant in accordance with HBAP setting out the details of, and the relevant matters arising from, the test;]

  • [F7“test” means a test of the claim for final subsidy by the authority and the reporting accountant in accordance with HBAP and “tested” shall be construed accordingly.]

Textual Amendments

F3 Words in art. 2 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 3(2)

F5 Words in art. 2 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 3(2)

F6 Words in art. 2 inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 2(2)

F7Words in art. 2 inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(1)

Conditions for payment of subsidyE+W+S

3.  Subject to articles 9(3) and 10, no final subsidy shall be paid unless the conditions specified in the following provisions of this Part have been complied with.

[F9Electronic communicationsE+W+S

3A.—(1) The Secretary of State, an authority [F10a reporting accountant or an auditor] may use an electronic communication in connection with any claim, [F11test,] audit or payment of subsidy provided it is made in accordance with the provisions set out in Part 2 of Schedule 6.

(2) Any reference to an electronic communication in this Order means an electronic communication made in accordance with those provisions.

(3) Schedule 6 makes further provisions relating to electronic communications.]

Textual Amendments

F10Words in art. 3A(1) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(2)(a)

F11Word in art. 3A(1) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(2)(b)

Requirement of claimE+W+S

4.—(1) The first condition is that subsidy shall be claimed in accordance with the provisions of and in the manner specified by this article.

(2) There shall be submitted by an authority to the Secretary of State, at the relevant office, on the form supplied by him to that authority [F12or by means of an electronic communication], the following claims for subsidy, by reference to the amount of relevant benefit that that authority—

(a)estimates it will pay during the relevant year, by 1st March in the year preceding the relevant year;

(b)estimates it has up to that time and will by the end of that relevant year have paid, by 31st August in the relevant year;

(c)has paid in the relevant year, by [F1330th April] in the following year.

(3) [F14Except where an authority submits a claim by means of an electronic communication,] the final claim shall be copied to the authority’s auditor,

[F15(a)in the case of an authority in England, the authority’s reporting accountant;

(b)in the case of an authority in Wales or Scotland, the authority’s auditor,

by 30th April in the following year]

F16(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17 [F18( 4A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) An authority in Wales shall—

(a)if required to do so by the Secretary of State, submit to him, at the relevant office, in any of the above claims or returns, or

(b)if required to do so by the Secretary of State or the National Assembly for Wales, submit to him or, as the case may be, to them, at the relevant office, by way of an additional return on such form as is supplied by him or them [F19or by means of an electronic communication] to that authority and not later than such date as he or they may require,

details in relation to subsidy in respect of rebates granted to tenants of dwellings within the authority’s Housing Revenue Account.]

(5) All claims and returns submitted by an authority consequent upon this article shall be signed [F20or submitted by means of an electronic communication]—

(a)in the case of an authority in England or Wales, by [F21the authority’s chief finance officer, as defined in section 5(8) of the Local Government and Housing Act 1989, or an officer to whom that officer has made a formal delegation];

(b)in the case of an authority in Scotland, by the proper officer pursuant to section 95 of the Local Government (Scotland) Act 1973 M18.

Textual Amendments

F13Words in art. 4(2)(c) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266), arts. 1(1), 3

F15Words in art. 4(3) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(3)

F16Art. 4(4)(4ZA) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 2(1)(a)

Marginal Citations

[F22 Requirement to keep records and provide informationE+W+S

5.—(1) The second condition is that the authority submitting a claim shall–

(a)provide to the Secretary of State the information referred to in paragraph (2) [F23in written or electronic form]; and

(b)keep and, where the Secretary of State requires it or it is otherwise appropriate to do so, produce records [F24in written or electronic form] with a bearing on that claim.

(2) The information referred to in this paragraph is such information as the Secretary of State requires, or as may otherwise be necessary, to satisfy him that–

[F25(za)in relation to an authority in England, the claim is in accordance with the report of factual findings and with the relevant articles of this Order;]

(a)[F26in relation to an authority in Wales or Scotland,] the claim is [F27fairly stated and in accordance with the relevant articles of this Order]; and

(b)any subsidy claimed or paid for the relevant year or for an earlier year has been properly claimed or paid in accordance with the provision of this Order or, as the case may be, the previous Orders.]

Textual Amendments

F26Words in art. 5(2)(a) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(4)(b)

[F28Test and reporting requirement: authorities in EnglandE+W+S

5A.—(1) In relation to an authority in England and subject to article 9(4), the third condition is that the authority shall—

(a)inform the Secretary of State in writing of the identity of the authority’s reporting accountant by 1st March in the year before the relevant year;

(b)procure the test of the final claim by the reporting accountant;

(c)send the report of factual findings to the Secretary of State by 30th November in the year after the relevant year; and

(d)comply with the following provisions of this article.

(2) The authority shall—

(a)provide such information in written or electronic form;

(b)keep, and where asked to do so, produce records in written or electronic form with a bearing on its claim,

as may be required by the reporting accountant to enable the reporting accountant to test the claim and to complete the report of factual findings.

(3) Where the authority does not inform the Secretary of State in writing of the identity of its reporting accountant by 1st March in the year before the relevant year, the Secretary of State may withhold payment of subsidy until the authority—

(a)informs the Secretary of State in writing of the identity of its reporting accountant; or

(b)provides reasons for the delay which the Secretary of State regards as satisfactory.

(4) No final subsidy shall be paid until—

(a)the authority’s reporting accountant has confirmed in writing that the claim has been tested; and

(b)the Secretary of State has received the report of factual findings.]

Textual Amendments

F28Art. 5A inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(5)

Requirement of audit[F29: authorities in Wales and Scotland] E+W+S

6.—(1) [F30In relation to an authority in Wales or Scotland,] subject to article 9(4), the third condition is that the authority

F31(iza). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F31(ia). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a)shall procure that their final claim is audited by the authority’s auditor by [F3230th November] in the following year; and

(b)shall comply with the following provisions of this article.

(2) The authority shall—

(a)provide such information [F33in written or electronic form]; and

[F34(b)keep, and where asked to do so, produce records in written or electronic form with a bearing on its claim,

as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that that claim is fairly stated and in accordance with the relevant articles of this Order.]

[F35(3) No final subsidy shall be paid until the authority’s auditor has certified on the claim for or by means of an electronic communication that the final claim is fairly stated and in accordance with the relevant articles of this Order.]

Textual Amendments

F29Words in art. 6 heading inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(6)(a)

F30Words in art. 6(1) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(6)(b)(i)

F31Art. 6(1)(ia)(iza) omitted (with effect in accordance with art. 1(4) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(6)(b)(ii)

F32Words in art. 6(1)(a) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2009 (S.I. 2009/30), arts. 1(1), 2

Final condition for the payment of subsidyE+W+S

7.  Subject to article 9(4), the fourth condition is that an authority shall satisfy the Secretary of State that its claim—

(a)is true and complete;

(b)is supported and, if appropriate, supplemented by all the information the Secretary of State requires; and

(c)fairly represents the expenditure in relation to relevant benefit incurred or likely to be incurred, as the case may be, by the authority in the relevant year.

In year instalments of subsidyE+W+S

8.—(1) Where an authority has submitted, by the due date—

(a)the initial claim, mid-year claim and the returns under article 4(4), as the case may be, in accordance with the requirements of this Part; and

(b)the conditions of this Part in relation to such claims have been complied with,

the Secretary of State shall pay each month, to each such authority that has submitted such claims as are by that date due, instalments of subsidy, in accordance with paragraph (2).

(2) The instalments payable by way of interim subsidy to an authority under paragraph (1) shall be such amounts as the Secretary of State considers appropriate in the circumstances of the case, but the total amount of such instalments paid in the relevant year shall not exceed the amount which, in his estimation, is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the submission and audit of that authority’s final claim.

[F36Payment of subsidy before [F37test or] audit completeE+W+S

8A—(1) Where an authority has submitted the final claim by the due date in accordance with article 4(2)(c) but the claim has not yet been [F38tested in accordance with article 5A or] audited in accordance with article 6 and—

(a)the Secretary of State estimates that the final subsidy will exceed the amount of interim subsidy that was paid to the authority in the relevant year, taking account of any withholding, reducing or deducting of subsidy by him, following the [F37test or] audit of that authority’s final claim, he may pay subsidy in accordance with paragraph (2); or

(b)the Secretary of State estimates that the interim subsidy that was paid to the authority in the relevant year will exceed the amount of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the [F37test or] audit of that authority’s final claim, he may withhold or deduct subsidy in accordance with paragraph (2).

(2) The amounts that may be paid to, withheld or deducted from an authority under paragraph (1) shall be equal to the amount which the Secretary of State estimates is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the [F37test or] audit of that authority’s final claim.]

Textual Amendments

F36 Art. 8A inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 2(4)

F37Words in art. 8A inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(7)(a)

F38Words in art. 8A(1) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(7)(b)

Payment of subsidy for the relevant yearE+W+S

9.—(1) Subject to paragraphs (2) and (3) and to any subsidy withheld, reduced or deducted in accordance with sections 140B(4) or 140C(3), as the case may be, where he is satisfied that—

(a)the authority has submitted its final claim;

[F39(aa)in the case of an authority in England, the report of factual findings has been properly completed;]

(b)[F40in the case of an authority in Wales or Scotland,] the auditor has audited and certified that claim; and

(c)the conditions of this Part have been complied with,

the Secretary of State shall pay to that authority final subsidy calculated in accordance with Part III.

[F41(2) Any payment pursuant to paragraph (1) shall only be in respect of the balance of subsidy due after the Secretary of State—

(a)has deducted any interim subsidy paid during or in respect of the relevant year; [F42and]

(b)has added or deducted, as the case may be, any amount paid, recovered or withheld pursuant to article 8A in respect of the relevant year;

F43( c ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F43( d ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(3) The Secretary of State may pay subsidy under paragraph (1) once that submission, audit or certification, as the case may be, has occurred [F44or, as the case may be, once the report of factual findings has been sent to the Secretary of State], despite it occurring after the time required in this Part.

(4) In a case where the third or fourth condition, as the case may be, are not met in relation to any authority, the Secretary of State may pay such amount of subsidy as he is satisfied will be due when that condition is met.

[F45(5) In paragraph (1), a reference to paying final subsidy calculated in accordance with Part III may also be a reference to deducting or withholding subsidy, as the case may be.]

Textual Amendments

F40Words in art. 9(1)(b) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(8)(a)(ii)

F41 Art. 9(2) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 2(5)(a)

F42Word in art. 9(2) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 2(1)(b)(i)

F43Art. 9(2)(c)(d) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 2(1)(b)(ii)

F44Words in art. 9(3) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(8)(b)

F45 Art. 9(5) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 2(5)(b)

Transitional Protection AdjustmentsE+W+S

F469A  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F46Art. 9A omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 2(1)(c)

Estimating subsidyE+W+S

10.  If an authority has not, at the time specified in articles 4 or 6(1), as the case may be, complied with any condition specified in this Part, the Secretary of State may estimate the amount of any subsidy, including any interim subsidy, payable to that authority and he may employ for that purpose such criteria as he considers relevant.

PART IIIE+W+S CALCULATION OF SUBSIDY

Interpretation of Part IIIE+W+S

11.—(1) In this Part, unless the context otherwise requires—

  • “allowance" means a rent allowance;

  • [F47“appeal tribunal” has the meaning it bears in section 39(1) of the Social Security Act 1998;]

  • “board and lodging accommodation" means—

    (a)

    accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or

    (b)

    accommodation provided in a hotel, guest house, lodging house or some similar establishment,

    but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 M19 nor in a hostel within the meaning of [F48regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations];

  • [F49“Commissioner” has the meaning it bears in section 39(1) of the Social Security Act 1998;]

  • F50...

  • [F51“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;]

  • [F52“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006;]

  • [F53“the Council Tax Benefit (State Pension Credit) Regulations” means the Council Tax Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

  • [F54“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;]

  • [F55“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;]

  • “overpayment" includes F56... excess benefit under the Council Tax Benefit Regulations as well as overpayments under the Housing Benefit Regulations and any reference in this Order to “overpayment" in relation to any of the previous Orders shall bear the meaning it has in this Order;

  • “period overrun" has the meaning assigned to it by paragraph 1 of Schedule 3;

  • “rebate" means a rent rebate F57... M20;

  • “the Rent Officers Order" means the Rent Officers (Housing Benefits Functions) Order 1997 M21 or the Rent Officers (Housing Benefits Functions) (Scotland) Order 1997 M22, as the case may be;

  • “the Rent Officers Order 1995" means the Rent Officers (Additional Functions) Order 1995 M23 or the Rent Officers (Additional Functions) (Scotland) Order 1995 M24, as the case may be;

  • “scheme" means the housing benefit scheme or council tax benefit scheme, as the case may be, as prescribed under section 123(1) of the Social Security [F58Contributions and Benefits Act 1992];

and other expressions used in this Part and in [F60the Housing Benefit Regulations, the Housing Benefit (State Pension Credit) Regulations, the Council Tax Benefit Regulations or the Council Tax Benefit (State Pension Credit)Regulations], as the case may be, shall have the same meanings in this Part as they have in those Regulations.

(2) In this Part

“qualifying expenditure" means, in relation to an authority, the total of relevant benefit, including any payments under [F61regulation 93] of the Housing Benefit Regulations [F62and regulation 74 of the Housing Benefit (State Pension Credit) Regulations] (payments on account of a rent allowance) M25 and any extended payments, lawfully paid [F63or treated as lawfully paid under paragraph (3)] by the authority during the relevant year, less—

(a)

the deduction, if any, calculated for that authority in article 15 [F64or 15A];

(b)

any deductions specified in article 19 relevant to that authority, and

(c)

where, under sections 134(8) M26 (arrangements for housing benefit) or 139(6) M27 (arrangements for council tax benefit) of the Act, as the case may be, the authority has modified any part of a scheme it administers, any amount by which the total of relevant benefit paid under that scheme during the relevant year by it exceeds the total it would have paid if the scheme had not been so modified.

[F65(3) An amount of relevant benefit which—

(a)would fall to be paid in the relevant year for a period in a preceding year; and

(b)is not paid by virtue of [F66regulation 98 or 102 of the Housing Benefit Regulations or, as the case may be, regulation 79 or 83 of the Housing Benefit (State Pension Credit) Regulations] (offsetting and method of recovery) on the ground that an overpayment of benefit was made in that preceding year for that period,

shall be treated as lawfully paid in the relevant year for that period.]

Textual Amendments

F47Words in art. 11(1) inserted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340, art. 1, 2(a)(i)

F49Words in art. 11(1) inserted (25.9.2000)by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340, art. 1, 2(a)(i)

F51Words in art. 11(1) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(2)

F58 Words in art. 11(1) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(1)

F59 Words in art. 11(1) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(2)(a)

F63Words in art. 11(2) inserted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340, art. 1, 2(a)(ii)

F64 Words in art. 11(2) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(2)(b)

F65Art. 11(3) inserted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340, art. 1, 2(a)(iii)

Marginal Citations

M19 S.I. 1987/1967 ; relevant amending instruments are S.I. 1988/663 , 1445, 2022, 1989/1678, 1992/3147 and 1993/2119.

M20 See the meaning of “relevant benefit" in section 140B(2) of the Social Security Administration Act 1992, inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52).

M23 S.I. 1995/1642 , amended by S.I. 1995/2365 , 3148, 1996/959, 1997/1000 and 1984.

M24 S.I. 1995/1643 , amended by S.I.1995/2361 , 3185, 1996/975, 1997/1003 and 1995.

M25 Regulation 91 was amended by S.I. 1995/2868 .

M26Section 134(8) allows modification of the housing benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow's pension.

M27Section 139(6) allows modification of the council tax benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow's pension; it was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 20.

Amount of subsidyE+W+S

12.—[F67(1) Subject to paragraph (2), the amount of an authority’s subsidy for the relevant year is the sum of the following—

(a)the amount of subsidy calculated in accordance with article 13;

(b)for an authority identified in column (1) of Schedule 1 (sums to be used in the calculation of subsidy), the amount in respect of the costs of administering the relevant benefit specified in column (2) of that Schedule for that authority;

[F68(bza)the additional amount specified by Schedule 1ZB (additional amount of subsidy: verify earnings and pension alerts service); and]

F69(ba). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F70(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)for an authority which has modified any part of a scheme it administers in recognition of the operation of a local scheme under section 134(8) of the Act (arrangements for housing benefit), the additional amount calculated in accordance with paragraph (4).]

[F71(2) Subject to paragraph (3), any sum paid after 1st April 1997 by way of subsidy in respect of an overpayment of relevant benefit shall be deducted from any amount of subsidy which would otherwise fall to be paid in respect of any payment of benefit which is treated, in accordance with paragraph 11(3), as made for the same period as that overpayment.

(3) A deduction shall not be made under paragraph (2) where the sum already paid by way of subsidy is greater than the amount which would fall to be paid.]

[F72(4) For the purposes of sub-paragraph [F73(1)(d)], the additional amount will be 0.2 per cent of the amount or total of amounts calculated in accordance with article 13 but will not exceed 75 per cent of the cost of the total of relevant benefit paid under the scheme.]

Textual Amendments

F67Art. 12(1) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), arts. 1(1), 2(2)(a)

F69Art. 12(1)(ba) omitted (with effect in accordance with art. 1(4) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 3(1)(b)

F71Art. 12(2)(3) inserted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340), arts 1, 2(b)(ii)

F72 Art. 12(4) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(3)(b)

F73Word in art. 12(4) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), arts. 1(1), 2(2)(b)

Relevant benefitE+W+S

13.—[F74(1) [F75The amount of subsidy payable under article 12(1)(a)] shall F76 ... be—

(a)in the case of any authority to which none of articles 14, 16[F77, 17[F78, 17A, 17B and 17C]] applies, an amount equal to the aggregate of—

(i)[F79100 per cent.] of its qualifying expenditure attributable to expenditure in respect of housing benefit; and

(ii)[F80100 per cent]. of its qualifying expenditure attributable to expenditure in respect of council tax benefit;

(b)in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of—

(i)[F81100 per cent]. of so much of its qualifying expenditure attributable to expenditure in respect of housing benefit as remains after deducting from that expenditure the amount of expenditure attributable to housing benefit to which each of those articles which is relevant applies;

(ii)[F82100 per cent.] of so much of its qualifying expenditure attributable to expenditure in respect of council tax benefit as remains after deducting from that expenditure the amount of expenditure attributable to council tax benefit to which article 14 applies; and

(iii)the appropriate amount calculated in respect of the relevant benefit under each such article,

plus, in each case, the additions, where applicable, under [F83[F84article 18] but subject, in each case, to the deductions, where applicable, under articles 20 and 20A].]

F85(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F86(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F74 Art. 13(1) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(2)

F75Words in art. 13(1) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), arts. 1(1), 2(3)

F76Words in art. 13(1) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179), arts. 1(1), 4(a)

F77Words in art. 13(1)(a) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(2)

F79 Words in art. 13(1)(a)(i) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(4)(a)

F80 Words in art. 13(1)(a)(ii) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(4)(b)

F81 Words in art. 13(1)(b)(i) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(4)(a)

F82 Words in art. 13(1)(b)(ii) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(4)(b)

F83 Words in art. 13(1) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 4(3)

F84Words in art. 13 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2008 (S.I. 2008/196), arts. 1(1), 2(2)

F85 Art. 13(2) omitted (2.1.2004 with effect in accordance with art. 1(2)) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 4(b)

F86 Art. 13(3) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(4)(c)

Backdated benefitE+W+S

14.—(1) Subject to [F87paragraphs (2) and (3)], where—

(a)during the relevant year an authority has, under [F88regulation 83(12) of the Housing Benefit Regulations or, as the case may be, regulation 64(13) of the Housing Benefit (State Pension Credit) Regulations, regulation 69(13) of the Council Tax Benefit Regulations or regulation 53(13) of the Council Tax Benefit (State Pension Credit) Regulations] (time and manner of claiming) M28, treated any claim as made on a day earlier than that on which it is made; and

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

for the purposes of [F89article 13(1)(b)(iii)], the appropriate amount for the relevant year in respect of such part shall be [F90100 per cent]. of the qualifying expenditure so attributable.

(2) This article shall not apply in [F91in relation to expenditure to which [F92article 17(2), 17A(2)[F93, 17B(2), 17C(2)]] or 18(1)(b)(iii)] or paragraph 6 of Schedule 4 applies.

[F94(3) This article shall not apply in relation to expenditure in respect of council tax benefit on or after 1st April 2013, even if that expenditure is attributable to a period before that date.]

Textual Amendments

F87Words in art. 14(1) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 3(1)(a)

F90 Words in art. 14(1)(b) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(5)(a)

F91 Words in art. 14(2) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 4(4)

F94Art. 14(3) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 3(1)(b)

Marginal Citations

M28 Regulations 72(15) and 62(16) were amended by S.I. 1996/462 .

Disproportionate rent increaseE+W+S

15.—(1) Except where paragraph (5), (6) or (7) applies, in the case of an authority in Scotland, whose average rent increase differential, as calculated in accordance with paragraph (2) (“the proportion"), has a value greater than zero, the deduction from qualifying expenditure specified in article 11(2)(a) shall be the proportion multiplied by the sum calculated for that authority in accordance with paragraph (4).

(2) The average rent increase differential for each authority shall be calculated by applying the formula—

where A, B, C, D and E each has the value determined in accordance with paragraph (3).

(3) For the purposes of paragraph (2)—

(a)the value of A shall be the proportion calculated for that authority pursuant to paragraphs (3) and (4) of—

(i)in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order, or

(ii)in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year;

(b)the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;

(c)the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;

(d)the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date; and

(e)the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date.

(4) The sum referred to in paragraph (1) shall be that part of qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article, but less any part of such expenditure to which [F95article 13(1)(b)(iii)] applies.

(5) Subject to paragraph (6), this article shall not apply in the case of an authority—

(a)which has—

(i)set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters;

(ii)not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and

(iii)not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs;

or

(b)where—

(i)any increases in rent between the initial date and 1st April in the following year were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and

(ii)the average rent increase differential calculated in accordance with—

(aa)in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order; or

(bb)in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year,

for that authority had a value which was zero or less than zero.

(6) In the case of a new authority, sub-paragraph (a)(iii) of paragraph (5) shall be modified so that, in relation to the relevant year commencing on 1st April 1997, for the words “or in either of the two previous years" there shall be substituted the words “ or in the previous year ”.

[F96(7) This article shall not apply in a case to which article 17 or 17A (subsidy in respect of temporary or short term accommodation) applies.]

(8) In this article (and, in the case of the meaning ascribed to the word “beneficiary", also in article 19(2))—

  • “average" means the arithmetic mean;

  • “beneficiary" means a person who is entitled or likely to become entitled to a rebate;

  • “Category 1 dwellings" means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;

  • “Category 2 dwellings" means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;

  • “final date" means the last day of the relevant year;

  • “initial date" means the day before the relevant year; and

  • “rent" means either—

    (a)

    the payments specified in [F97sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit Regulations or, as the case may be, sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit (State Pension Credit) Regulations]; or

    (b)

    the eligible rent,

    as the authority may determine, provided that wherever the expression “rent" occurs in paragraph (3) it has the same meaning throughout in relation to that authority.

Textual Amendments

[F98Disproportionate rent increase – WalesE+W+S

15A.—(1) Subject to paragraphs (5) to (7), in the case of an authority in Wales whose average rent increase differential, as calculated in accordance with paragraph (2) (“the proportion”), has a value greater than zero, the deduction from qualifying expenditure specified in article 11(2)(a) shall be the proportion multiplied by the sum calculated for that authority in accordance with paragraph (4).

(2) The average rent increase differential for each authority shall be calculated by applying the formula—

where A, B, C, D and E each has the value determined in accordance with paragraph (3).

(3) For the purposes of paragraph (2)—

(a)the value of A shall be the proportion calculated for that authority pursuant to that paragraph for the year immediately preceding the relevant year;

(b)the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;

(c)the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;

(d)the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date; and

(e)the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date.

(4) The sum referred to in paragraph (1) shall be that part of qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article, but less any part of such expenditure to which article 13(1)(b)(iii) applies.

(5) This article shall not apply in the case of an authority—

(a)which has—

(i)set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters,

(ii)not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and

(iii)not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs; or

(b)where—

(i)any increases in rent between the initial date and 1st April in the following year were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and

(ii)the average rent increase differential calculated in accordance with paragraph (2) for the year immediately preceding the relevant year, for that authority had a value which was zero or less than zero.

(6) Where the relevant year is the year beginning on 1st April 2004—

(a)paragraph (3)(a) shall have effect as if, for the words from “the proportion” to “the relevant year” there were substituted “equal to the value of G calculated for that authority for the purposes of paragraph 6.5.1 of the 2003-04 Determination;”; and

(b)paragraph (5)(b)(ii) shall have effect as if, for the words from “average” to “relevant year” there were substituted “value of G calculated for the purposes of paragraph 6.5.1 of the 2003-04 Determination”.

[F99(7) This article shall not apply in a case to which article 17 or 17A (subsidy in respect of temporary or short term accommodation) applies.]

(8) In this article—

“average” means the arithmetic mean;

“beneficiary” means a person who is entitled or likely to become entitled to a rebate;

“Category 1 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;

“Category 2 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;

“2003-04 Determination” means the Housing Revenue Account Subsidy (Wales) Determination 2003-04;

“final date” means the last day of the relevant year;

“initial date” means the day before the first day of the relevant year; and

“rent” means either—

(a)

the payments specified in sub-paragraphs (a) to (i) in paragraph (1) of [F100regulation 12 of the Housing Benefit Regulations or, as the case may be, regulation 12 of the Housing Benefit (State Pension Credit) Regulations] (rent); or

(b)

the eligible rent,

as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (3) it has the same meaning throughout in relation to that authority.]

Textual Amendments

F98 Art. 15A inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 4(5)

Treatment of high rents in rent allowance casesE+W+S

16.—(1) Except in a case to which article 14 (backdated benefit)[F101, 17B or 17C (subsidy in respect of accommodation provided by a registered housing association as temporary or short term accommodation)] applies, and subject to paragraphs (2), F102... and (4) and to article 23 (transitional provisions in relation to rent officer determinations), this article applies in a rent allowance case and, where this article applies, the appropriate amount, for the purposes of [F103article 13(1)(b)(iii)], shall be calculated in accordance with Part II of Schedule 4.

(2) This article shall not apply where a dwelling is an excluded tenancy by virtue of -

[F104(a)paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit Regulations (excluded tenancies); or

(b)paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (excluded tenancies)]

F105(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This article shall not apply in a case where a maximum rent has been determined, except where—

(a)it was determined by reference to a reckonable rent and a local reference rent, when the appropriate amount shall be calculated in accordance with paragraph 14 of Schedule 4; or

F106(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F107regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations] (no maximum rent for first 13 weeks) applies, when the appropriate amount shall be calculated in respect of the first 13 weeks in accordance with paragraph 15 of Schedule 4.

(5) Expressions used in this article and in Schedule 4 have the same meanings in this article as they have in that Schedule.

Textual Amendments

F102 Word in art. 16(1) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(6)(a)

F105 Art. 16(3) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(6)(c)

F106Art. 16(4)(b) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(3)

[F108[F109Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation]E+W+S

17.—(1) [F110This article applies where—

(a)a rent rebate is payable by an authority;

(b)a person (“P”) is required to pay the authority for—

(i)board and lodging accommodation; or

(ii)accommodation which is not self-contained and which the authority has a right to use under an agreement, other than a lease, with a third party; and

(c)the authority makes the accommodation available to P—

(i)to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996[F111, Part 2 of the Housing (Wales) Act 2014] or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii)to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996[F112, Part 2 of the Housing (Wales) Act 2014 or] Part 2 of the Housing (Scotland) Act 1987[F113, as the case may be] .]

(2) Where this article applies the appropriate amount is [F114the lowest] of—

(a)the amount of housing benefit entitlement in a week or part week, as the case may be; or

(b)the maximum amount determined in accordance with paragraph (3); [F115or

(c)F116 ... £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.]

(3) The maximum amount referred to in paragraph (2) is the local housing allowance for January [F1172011] for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

F118( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this article and [F119articles 17A, 17B and 17C], accommodation is self-contained if P’s household is not required to share one or more of the following with another household—

(a)a kitchen;

(b)a toilet;

(c)a bathroom.

(5) In this article and [F120articles 17A, 17B and 17C]—

“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order; and

“local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order.

Textual Amendments

F111Words in art. 17(1)(c)(i) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(2)(a)

F112Words in art. 17(1)(c)(ii) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(2)(b)(i)

F113Words in art. 17(1)(c)(ii) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(2)(b)(ii)

F114Words in art. 17(2) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(4)(a)(i)

F115Art. 17(2)(c) and word added (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(4)(a)(ii)

[F121Subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation]E+W+S

17A.—[F122(1) This article applies where—

(a)a rent rebate is payable by an authority;

(b)a person (“P”) is required to pay the authority—

(i)for self-contained accommodation which the authority has a right to use under an agreement, other than a lease, with a third party;

(ii)in England, for accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years; or

(iii)in Wales and Scotland, for accommodation which the authority holds on a lease; and

(c)the authority makes the accommodation available to P—

(i)to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996[F123, Part 2 of the Housing (Wales) Act 2014] or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii)to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996[F124, Part 2 of the Housing (Wales) Act 2014 or] Part 2 of the Housing (Scotland) Act 1987[F125, as the case may be] .]

(2) Where this article applies, the appropriate amount is [F126the lowest] of—

(a)the amount of housing benefit entitlement in a week or part week, as the case may be; or

(b)the maximum amount determined in accordance with paragraph (3); [F127or

(c)F128 ..., £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.]

(3) [F129The maximum amount referred to in paragraph (2) is 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated.]

F130( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F131For the purposes of determining the applicable local housing allowance in paragraph (3)—

(a)for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and

(b)for accommodation which is self-contained—

(i)where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and

(ii)where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.]]

Textual Amendments

F123Words in art. 17A(1)(c)(i) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(3)(a)

F124Words in art. 17A(1)(c)(ii) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(3)(b)(i)

F125Words in art. 17A(1)(c)(ii) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(3)(b)(ii)

F126 Words in art. 17A(2) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481) , arts. 1(1) , 5(4)(a)(i)

F127 Art. 17A(2)(c) and word added (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481) , arts. 1(1) , 5(4)(a)(ii)

[F132Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodationE+W+S

17B.—(1) This article applies where—

(a)a rent allowance is payable by an authority;

(b)a person (“P”) is required to pay a registered housing association for—

(i)board and lodging accommodation; or

(ii)accommodation which is not self-contained and which the registered housing association has a right to use under an agreement, other than a lease, with a third party; and

(c)the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—

(i)to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996[F133, Part 2 of the Housing (Wales) Act 2014] or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii)to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996[F134, Part 2 of the Housing (Wales) Act 2014 or] Part 2 of the Housing (Scotland) Act 1987[F135, as the case may be]; [F136and

(d)the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.]

(2) Where this article applies the appropriate amount is the lowest of—

(a)the amount of housing benefit entitlement in a week or part week, as the case may be;

(b)the maximum amount determined in accordance with paragraph (3); or

(c)£500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

(3) The maximum amount referred to in paragraph (2) is the local housing allowance for January 2011 for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

Textual Amendments

F133Words in art. 17B(1)(c)(i) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(4)(a)

F134Words in art. 17B(1)(c)(ii) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(4)(b)(i)

F135Words in art. 17B(1)(c)(ii) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(4)(b)(ii)

F136Art. 17B(1)(d) and word added (1.4.2011) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) arts. , 4(5)

Subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodationE+W+S

17C.—(1) This article applies where—

(a)a rent allowance is payable by an authority; and

(b)a person (“P”) is required to pay a registered housing association for—

(i)accommodation which is not self-contained and which the registered housing association owns or holds on a lease; or

(ii)accommodation which is self-contained; and

(c)the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—

(i)to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996[F137, Part 2 of the Housing (Wales) Act 2014] or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii)to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996[F138, Part 2 of the Housing (Wales) Act 2014 or] Part 2 of the Housing (Scotland) Act 1987[F139, as the case may be]; [F140and

(d)the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.]

(2) Where this article applies the appropriate amount is the lowest of—

(a)the amount of housing benefit entitlement in a week or part week, as the case may be;

(b)the maximum amount determined in accordance with paragraph (3); or

(c)£500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

[F141(3) The maximum amount referred to in paragraph (2) is 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated.]

(4) For the purposes of determining the applicable local housing allowance in paragraph (3)—

(a)for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and

(b)for accommodation which is self-contained—

(i)where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and

(ii)where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.]

Textual Amendments

F137Words in art. 17C(1)(c)(i) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(5)(a)

F138Words in art. 17C(1)(c)(ii) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(5)(b)(i)

F139Words in art. 17C(1)(c)(ii) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(5)(b)(ii)

F140Art. 17C(1)(d) and word inserted (1.4.2011) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) arts. 1, 4(6)(a)

Additions to subsidyE+W+S

18.—(1) Subject to [F142paragraph (8)], the additions referred to in article 13(1) are—

(a)where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment of relevant benefit, an 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;

[F143(b)subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of F144... relevant benefit has been made and an amount is to be deducted under article 19 in relation to that overpayment, an amount equal to—

(i)in the case of a departmental error overpayment where the overpayment is overpayment of housing benefit, [F145100 per cent.] of so much of the overpayment as has not been recovered by the authority;

(ii)in the case of a departmental error overpayment where the overpayment is overpayment of F146... council tax benefit, [F147100 per cent.] of so much of the overpayment as has not been recovered by the authority;

F148( iia ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)[F149except where heads (i) or (ii) above apply, 40 per cent. of the overpayment;]

F150( iv ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c)where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 11 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order (other than a deduction under article 11(1)(g) or 19(1)(c) of the 1994 Order or 11(1)(f) or 19(1)(c) of the 1995, 1996 or 1997 Orders) or, in respect of a year earlier than the relevant year, under article 19 (other than a deduction under article 19(1)(f)), as the case may be, was a fraudulent overpayment, the amount, if any, by which F151... [F15240 per cent.] of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment;

[F153(d)where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made—

(i)under article 19 (other than a deduction under article 19(1)(ea)); and

(ii)in respect of a year which begins after 31st March 2001 and which is earlier than the relevant year,

was a claimant error overpayment, the amount, if any, by which 40 per cent. of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment.]

[F154(e)where, during the relevant year, it is discovered that any overpayments of relevant benefit have been made which were authority error overpayments or administrative delay overpayments, the following amounts—

(i)i)where the total of the authority error overpayments and administrative delay overpayments is less than or equal to 0.48% of the total specified subsidy, 100% of the total of those overpayments;

(ii)where the total of the authority error overpayments and administrative delay overpayments is greater than 0.48% but less than or equal to 0.54% of the total specified subsidy, 40% of the total of those overpayments; and

(iii)where the total of the authority error overpayments and administrative delay overpayments is greater than 0.54% of the total specified subsidy, nil.]

[F155(f)where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 19 (deductions made in calculating subsidy) was a payment on account overpayment, 100 per cent. of so much of the overpayment as has not been recovered by the authority.]

(2) The amount under paragraph (1)(b) shall not include an amount in relation to—

(a)an authority error overpayment;

(b)any technical overpayment; or

F156(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F157(d)an administrative delay overpayment;] [F158or

(e)a payment on account overpayment.]

(3) In the case of a departmental error overpayment, where some or all of that overpayment is recovered by the authority, no addition shall be applicable to the authority in respect of the amount so recovered.

[F159(4) In paragraphs (1)(b)(i) and (3) and in article 19(1)(e), “departmental error overpayment” means [F160an overpayment of a kind to which paragraph (4ZA) [F161or (4ZB)] applies or] an overpayment caused by a mistake made, whether in the form of an act or omission—

[F162(a)by an officer of the Department for Work and Pensions [F163or of the Inland Revenue], acting as such, or a person providing services to that Department [F164or to the Inland Revenue];]

(b)in a decision of an appeal tribunal or a Commissioner,

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 but excludes any mistake of law which is shown to have been an error only by virtue of a subsequent decision of a Commissioner or a court.]

[F165(4ZA) This paragraph applies to an overpayment where—

(a)the overpayment was made during the period beginning with 5th April 2003 and ending with 13th June 2003 (“the specified period”);

(b)the overpayment would, but for paragraph (4), fall to be regarded as an authority error overpayment on the ground that it was made as a result of a failure by the authority to take account of information about the amount of any tax credit payable to the claimant; and

(c)the Secretary of State is satisfied that the authority took reasonable steps to avoid making overpayments of the kind described in sub-paragraph (b) during the specified period.]

[F166(4ZB) This paragraph applies to an overpayment where—

(a)during the period beginning on 9th April 2012 and ending on 19th April 2012 (the “specified period”) an authority received a notification through the Automated Transfers to Local Authority System used by the Department for Work and Pensions to provide award data to relevant authorities in respect of a claimant (“the notification”);

(b)the notification received during the specified period was sufficient to require an authority to make a revision or supersession decision on a claimant’s award;

(c)the authority failed to make a revision or supersession decision on the basis of the notification received during the specified period before the next day on which the claimant’s benefit was paid;

(d)the authority’s failure to make a revision or supersession decision before the next day on which the claimant’s benefit was paid resulted in the overpayment; and

(e)the authority made a revision or supersession decision on the claimant’s award, based on the notification received during the specified period, on or before 10th July 2012.]

[F167(4A) In paragraph [F168(1)(d) and in article 19(1)(ea)], “claimant error overpayment” means an overpayment [F169which]—

(a)is caused by—

(i)the claimant, or

(ii)a person acting on the claimant’s behalf under regulation 71 of the Housing Benefit Regulations (who may claim housing benefit) or regulation 61 of the Council Tax Benefit Regulations (who may claim council tax benefit),

failing to provide information in accordance with regulation 72(1), 73 or 75 of, or paragraph 5 of Schedule A1 to, the Housing Benefit Regulations (duties on claimant to provide information) or regulation 62(1), 63 or 65 of, or paragraph 5 of Schedule A1 to, the Council Tax Benefit Regulations (duties on claimant to provide information); and

(b)is not a fraudulent overpayment.]

[F170(5) In paragraphs (1)(c) and (4A), and in article 19(1)(f), “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 where the claimant has in respect of the overpayment—

(a)been found guilty of an offence whether under a statute or otherwise;

(b)made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or

(c)agreed to pay a penalty under section 115A of the Act (penalty as an alternative to prosecution) and has not withdrawn that agreement.

(5A) In paragraph (5)(b) “admission after caution” means—

(a)in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984;

(b)in Scotland, an admission after a caution has been administered, such admission being duly witnessed by two persons.]

[F171(6) [F172In paragraphs (1)(e) and (2)(a)], “authority error overpayment” means an overpayment caused by a mistake made, whether in the form of an act or omission, by an 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 but excludes any mistake of law which is shown to have been an error only by virtue of a subsequent decision of a court.]

[F173(6ZA) In paragraphs (1)(e) and (2)(d), “administrative delay overpayment” means an overpayment arising where—

(a)an authority is notified of a change of circumstances and has sufficient information and evidence to make a revision or supersession decision on an award;

(b) the authority does not make the decision before the next day on which the claimant’s benefit is paid or, in the case of council tax benefit, is allowed; F174 ...

(c)the delay was not—

(i)caused by a mistake, whether in the form of an act or omission, by an authority; or

(ii)caused or materially contributed to by the claimant, a person acting on the claimant’s behalf, or any other person to whom payment is made][F175; and]

[F176(d)paragraph (4ZB) is not applicable.]

[F177(6ZB) For the purposes of paragraphs (1)(e) and (2), an “authority error overpayment” or an “administrative delay overpayment” does not include an overpayment of a kind to which paragraphs (6ZC) or (6ZD) apply.

(6ZC) This paragraph applies to an overpayment where—

(a) an authority receives real time information in respect of the overpayment which indicates that the overpayment was caused by the incorrect declaration of PAYE employment income or PAYE pension income by the claimant; and

(b)the authority—

(i)has sufficient real time information to make a revision or supersession decision on the claimant’s award; and

(ii)makes a revision or supersession decision during the period of 4 weeks beginning with the date on which the authority received the real time information.

(6ZD) This paragraph applies to an overpayment where—

(a) an authority receives real time information in respect of the overpayment which indicates that the overpayment was caused by the incorrect declaration of PAYE employment income or PAYE pension income by the claimant;

(b)the authority has insufficient real time information to make a revision or supersession decision;

(c)the authority requests further information from the claimant; and

(d)the authority makes a revision or supersession decision either—

(i)if the additional information is provided during the period of 4 weeks beginning with the date on which the authority received the real time information (“the 4 week period”), by the end of that 4 week period; or

(ii)if the additional information is provided after the 4 week period has ended, by the Monday following the date on which the additional information is received.

(6ZE) For the purposes of paragraphs (6ZC) and (6ZD)—

“ PAYE employment income” has the meaning in section 683(2) of the Income Tax (Earnings and Pensions) Act 2003;

“ PAYE pension income” has the meaning in section 683(3) of the Income Tax (Earnings and Pensions) Act 2003;

“real time information” means information which is reported by a Real Time Information employer or Real Time Information pension payer in respect of the PAYE employment income or PAYE pension income of its employees;

“Real Time Information employer” has the meaning in regulation 2A(1) of the Income Tax (Pay As You Earn) Regulations 2003;

“Real Time Information pension payer” has the meaning in regulation 2B(1) of the Income Tax (Pay As You Earn) Regulations 2003.]

[F178(6A) In paragraph (1)(e), “total specified subsidy” means the total amount of housing benefit and council tax benefit that attracts 100 per cent subsidy for the relevant year, including any subsidy paid pursuant to article 14.]

[F179(7) Subject to paragraph (7A), in paragraph (2)(b) “technical overpayment” means an overpayment which occurs as a result of—

(a)a rebate or council tax benefit being awarded and entitlement to that rebate or benefit being reduced or eliminated because, subsequent to that award, the liability in respect of which the rebate or benefit was awarded was reduced or eliminated; or

(b)council tax benefit being awarded and entitlement to that benefit being reduced or eliminated because, subsequent to that award, there was a change of circumstances that does not fall within paragraph (a).

(7A) A technical overpayment does not include any part of the overpayment occurring—

(a)in a case to which paragraph (7)(a) applies, before the day on which the liability was reduced or eliminated; or

(b)in a case to which paragraph (7)(b) applies, before the day on which the authority suspended, revised or superseded the award, whichever is earliest.

(7B) In paragraphs (1)(f) and (2)(e), “payment on account overpayment” means an amount paid on account under regulation 93 of the Housing Benefit Regulations or regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.]

(8) Except for [F180paragraphs (1)(b)(iii)], (1)(c) and (5), this article shall not apply to that part of any F181... relevant benefit in respect of a case to which [F182paragraph (12) of regulation 83 of the Housing Benefit Regulations, paragraph (13) of regulation 64 of the Housing Benefit (State Pension Credit) Regulations, paragraph (13) of regulation 69 of the Council Tax Benefit Regulations [F183or] paragraph (13) of regulation 53 of the Council Tax Benefit (State Pension Credit) Regulations] F184..., as the case may be, applies.

F185(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F186(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F186 [F187( 11 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where, during the relevant year, an overpayment that has been classified as an overpayment under one of paragraphs (4), (4ZA) [F188, (4ZB)] (4A), (5), (6)[F189, (6ZA)] or (7) is reclassified, the addition referred to in article 13(1) shall be the amount payable under paragraph (1) for the final classification of the overpayment.]

Textual Amendments

F142Words in art. 18(1) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 3(2)

F143 Art. 18(1)(b) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(3)

F145 Words in art. 18(1)(b)(i) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(8)(a)

F147 Words in art. 18(1)(b)(ii) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(8)(b)

F148 Art. 18(1)(b)(iia) omitted (2.1.2004 with effect in accordance with art. 1(2)) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(2)

F149 Art. 18(1)(b)(iii) substituted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(3)

F150 Art. 18(1)(b)(iv) omitted (2.1.2004 with effect in accordance with art. 1(2)) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(2)

F151 Words in art. 18(1)(c) omitted (2.1.2004 with effect in accordance with art. 1(2)) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(4)

F152 Words in art. 18(1)(c) inserted (13.1.2003 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendments (No.2) Order 2002 (S.I. 2002/3116) , arts. 1(1) , 4(2)(d)

F153 Art. 18(1)(d) substituted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(5)

F154Art. 18(1)(e) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 3(3)

F155Art. 18(1)(f) added (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(7)(a)

F156Art. 18(2)(c) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(7)(b)(i)

F157Art. 18(2)(d) and word added (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 3(4)

F158Art. 18(2)(e) and word added (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(7)(b)(ii)

F159Art. 18(4) substituted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340), arts 1, 2(d)

F160 Words in art. 18(4) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 4(7)(a)

F161Words in art. 18(4) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), arts 1, art. 2(1)(a)

F163 Words in art. 18(4)(a) inserted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(6)(a)

F164 Words in art. 18(4)(a) inserted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(6)(b)

F165 Art. 18(4ZA) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 4(7)(b)

F166Art. 18(4ZB) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 2(1)(b)

F167 Art. 18(4A) inserted (13.1.2003 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendments (No.2) Order 2002 (S.I. 2002/3116) , arts. 1(1) , 4(3)

F168 Words in art. 18(4A) substituted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 7(7)

F169 Word in art. 18(4A) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 4(7)(c)

F170Art. 18(5)-(5A) substituted for art. 18(5) (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 3(5)

F171Art. 18(6) substituted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (2000/2340) arts. 1, 2(d)(ii)

F172 Words in art. 18(6) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(8)(e)

F173Art. 18(6ZA) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 3(6)

F174Word in art. 18(6ZA)(b) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 2(1)(c)(i)

F175Word in art. 18(6ZA)(c)(ii) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 2(1)(c)(ii)

F176Art. 18(6ZA)(d) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 2(1)(c)(iii)

F177Art. 18(6ZB)-(6ZE) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), arts. 1(1), 3(2)

F178 Art. 18(6A) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(8)(f)

F179Art. 18(7)-(7B) substituted for art. 18(7) (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(7)(c)

F180 Words in art. 18(8) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(6)

F185 Art. 18(9) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(8)(g)

F186Art. 18(10)(11) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2008 (S.I. 2008/196), arts. 1(1), 2(3)(b)

F187 Art. 18(11)(12) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(8)(h)

F188Word in art. 18(12) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 (S.I. 2013/2989), art. 1, art. 2(1)(d)

F189Word in art. 18(12) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 3(7)

Deductions to be made in calculating subsidyE+W+S

19.—(1) The deductions referred to in article 11(2)(b) are, subject to paragraph (4), to be of the following amounts where—

(a)subject to paragraphs (2) and (3), a tenant of an authority, who is in receipt of a rebate while continuing to occupy, or when entering into occupation of a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement—

(i)is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights (“improvements") and chooses or chose to be so provided;

(ii)is during, or was at any time prior to, the relevant year, able to choose either to be provided with any improvements or, whether or not in return for an award or grant from the authority, to provide such improvements for himself; or

(iii)would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in head (i) or (ii) of this sub-paragraph if he were not or had not at that time been in receipt of a rebate,

the amounts attributed during the relevant year to such improvements whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;

(b)during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;

(c)during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of a rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award—

(i)made to a tenant for a reason unrelated to the fact that he is a tenant;

(ii)made under a statutory obligation;

(iii)made under section 137 of the Local Government Act 1972 M29 or section 83 of the Local Government (Scotland) Act 1973 M30 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);

(iv)except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or

(v)of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally and which was suffered by the tenant by virtue of his occupation of his home;

F190(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e)during the relevant year an amount is recovered in relation to a departmental error overpayment, within the meaning of article 18(4), the amount so recovered, in a case where the overpayment had occurred and been discovered in a year earlier than the relevant year;

[F191(ea)during the relevant year a claimant error overpayment, within the meaning of article 18(4A), is identified, the amount of the overpayment, but only to the extent that the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 11(2);]

(f)during the relevant year a fraudulent overpayment, within the meaning of article 18(5), is identified, the amount of the overpayment, but only to the extent that the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 4 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order or article 11(2), as the case may be;

(g)subject to sub-paragraphs (e)[F192, (ea)] and (f), during the relevant year it is discovered that an overpayment of relevant benefit has been made, the amount of such overpayment, but only to the extent that—

(i)the amount of such overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the 1989 Order or the 1990 Order or under article 4 or 15 of the 1991 Order or articles 4 or 16 of the 1992 Order or the 1993 Order or articles 4 or 19 of respectively the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order, or article 11(2), as the case may be; and

(ii)the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the [F193Housing Benefit (General) Regulations 1987], F194..., paragraph (18) of regulation 59 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 M31, paragraph (16) of regulation 62 of the [F195Council Tax Benefit (General) Regulations 1992][F196, F197... paragraph (12) of regulation 83 of the Housing Benefit Regulations, paragraph (13) of regulation 64 of the Housing Benefit (State Pension Credit) Regulations, paragraph (13) of regulation 69 of the Council Tax Benefit Regulations or paragraph (13) of regulation 53 of the Council Tax Benefit (State Pension Credit) Regulations] (time and manner in which claims are to be made), as the case may be, applied;

(h)during the relevant year any instrument of payment of relevant benefit 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;

(i)during the relevant year an amount is recovered in respect of which subsidy was paid pursuant to paragraph 6(2) of Schedule 6 to the 1996 Order or the 1997 Order or paragraph 11(2) of Schedule 4 (subsidy on payments on account), the amount so recovered, where the payment on account was made in a year earlier than the relevant year.

(2) Subject to paragraph (3), no deduction shall be made under sub-paragraph (1)(a) where the eligible rent for a tenant has been increased in a case to which that sub-paragraph would apply, but—

(a)any such services, facilities or rights (“improvements")—

(i)relate solely to the physical needs of the property in question or the needs of that tenant; and

(ii)the increased rent in relation to such improvements is reasonable;

(b)the tenant was eligible whether or not he was a beneficiary; and

(c)the authority has not let properties, to which they intend to make improvements, either in the relevant year or in the two years preceding that year, solely or largely to beneficiaries.

(3) In paragraph (2)—

(a)“beneficiary" has the meaning it is given by article 15(8); and

(b)in a case to which article 24 applies, sub-paragraph (c) shall have effect as modified by article 24(2).

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

Textual Amendments

F190 Art. 19(1)(d) omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(9)

F191 Art. 19(1)(ea) inserted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 8(a)

F192 Word in art. 19(1)(g) inserted (2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 8(b)

Marginal Citations

M31 S.I. 1988/1890 , amended by S.I. 1989/43 , 361, 972 and 1990/127.

Deduction from subsidyE+W+S

20.  Where, during the relevant year, it is found by an authority that any instrument of payment issued by it as payment of any relevant benefit F198... on or after 1st April 1988, but before the relevant year, 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 13(1) shall be the amount of any subsidy that has been paid in respect of that instrument.

Textual Amendments

[F199Deductions from subsidy for rebate for dwellings within the Housing Revenue AccountE+W+S

20A.—(1) This article applies—

(a)in the case of an authority in England, where paragraph 2 of Schedule 4A applies, and

(b)in the case of an authority in Wales, where paragraph 4 of that Schedule applies.

(2) Where this article applies the deduction from subsidy referred to in article 13(1) shall be calculated—

(a)in the case of an authority in England, in accordance with paragraph 3 of Schedule 4A, and

(b)in the case of an authority in Wales, in accordance with paragraph 5 of that Schedule.]

Textual Amendments

Additions to and deductions from subsidy in respect of benefit savingsE+W+S

F20021.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F200Art. 21 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2008 (S.I. 2008/196), arts. 1(1), 2(4)

PART IVE+W+S TRANSITIONAL AND SAVINGS

Provisions for claims for 1997/98E+W+S

F20122.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F201Art. 22 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 2(2)

Transitional provisions in relation to rent officer determinationsE+W+S

23.—(1) In the relevant year commencing on 1st April 1997, the expression “property-specific rent less ineligible amounts" in both paragraph 17(1) of Schedule 4 and paragraph 13(1) of Schedule 6 to the 1997 Order has effect as if after the words “(“ineligible payments")", there were inserted the words “ or, in the case of a determination prior to 2nd October 1995, the authority is of the opinion that the exceptionally high rent did not include ineligible payments, ”.

F202(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F202Art. 23(2) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 3(2)

Modifications of exemption from improvements ruleE+W+S

24.—(1) This article applies in the case of a new authority, a 1997 authority or a 1998 authority, as the case may be, and, in these cases, the modifications set out in paragraph (2) shall apply.

(2) In relation to the relevant year commencing on—

(a)1st April 1997, in the case of a—

(i)new authority, for the words “or in the two years preceding that year" in article 19(2)(c) there shall be substituted the words “ or in the year preceding that year ”;

(ii)1997 authority, the words “or in the two years preceding that year" shall be omitted from article 19(2)(c);

(b)1st April 1998, in the case of a—

(i)1997 authority, for the words “or in the two years preceding that year" in article 19(2)(c) there shall be substituted the words “ or in the year preceding that year ”;

(ii)1998 authority, the words “or in the two years preceding that year" shall be omitted from article 19(2)(c);

(c)1st April 1999, in the case of a 1998 authority, for the words “or in the two years preceding that year" in article 19(2)(c) there shall be substituted the words “ or in the year preceding that year ”.

Signed by authority of the Secretary of State for Social Security.

Keith Bradley

Parliamentary Under-Secretary of State,

Department of Social Security

We consent,

Jim Dowd

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty’s Treasury

Article 12(1)(b)

[F203SCHEDULE 1E+W+SSums to be used in the calculation of subsidy

Textual Amendments

F203Sch. 1 substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 1

Relevant Year 2018-2019

Local authorityAdministration subsidy (£)
England
Adur241,286
Allerdale367,025
Amber Valley441,524
Arun572,229
Ashfield521,084
Ashford448,559
Aylesbury Vale556,792
Babergh259,632
Barking and Dagenham1,434,452
Barnet2,142,321
Barnsley1,147,955
Barrow-in-Furness278,797
Basildon821,505
Basingstoke and Deane579,075
Bassetlaw430,048
Bath and North East Somerset569,600
Bedford699,739
Bexley930,513
Birmingham6,445,611
Blaby232,996
Blackburn with Darwen698,398
Blackpool1,024,275
Bolsover326,528
Bolton1,340,144
Boston324,281
Bournemouth969,046
Bracknell Forest416,580
Bradford2,415,939
Braintree521,837
Breckland470,064
Brent2,585,353
Brentwood217,454
Brighton and Hove1,480,480
Bristol2,202,820
Broadland302,137
Bromley1,127,682
Bromsgrove226,997
Broxbourne426,593
Broxtowe338,259
Burnley493,515
Bury737,877
Calderdale969,969
Cambridge452,852
Camden1,846,590
Cannock Chase381,855
Canterbury539,931
Carlisle400,022
Castle Point290,802
Central Bedfordshire754,923
Charnwood453,166
Chelmsford518,188
Cheltenham409,814
Cherwell467,896
Cheshire East1,038,573
Cheshire West and Chester1,152,734
Chesterfield526,269
Chichester393,435
Chiltern245,362
Chorley347,015
Christchurch184,498
City of London102,103
Colchester658,647
Copeland290,364
Corby367,835
Cornwall2,246,797
Cotswold247,009
Coventry1,589,703
Craven158,618
Crawley630,525
Croydon2,014,096
Dacorum601,618
Darlington548,568
Dartford367,048
Daventry218,235
Derby1,127,348
Derbyshire Dales200,631
Doncaster1,399,228
Dover502,787
Dudley1,361,757
Durham2,521,494
Ealing2,320,745
East Cambridgeshire265,823
East Devon415,788
East Dorset242,805
East Hampshire303,206
East Hertfordshire414,387
East Lindsey619,390
East Northamptonshire266,660
East Riding of Yorkshire1,054,254
East Staffordshire394,312
Eastbourne541,451
Eastleigh368,238
Eden139,375
Elmbridge397,511
Enfield2,337,351
Epping Forest421,268
Epsom and Ewell225,723
Erewash446,224
Exeter498,792
Fareham271,325
Fenland410,638
Folkestone and Hythe506,711
Forest Heath230,674
Forest of Dean299,051
Fylde265,576
Gateshead1,129,205
Gedling388,755
Gloucester563,994
Gosport397,043
Gravesham449,843
Great Yarmouth509,711
Greenwich1,944,072
Guildford403,426
Hackney2,920,473
Halton647,477
Hambleton254,946
Hammersmith and Fulham1,405,700
Harborough187,334
Haringey2,218,785
Harlow530,320
Harrogate389,746
Harrow1,126,307
Hart182,529
Hartlepool606,002
Hastings551,080
Havant436,174
Havering925,511
Herefordshire659,368
Hertsmere412,546
High Peak308,092
Hillingdon1,398,403
Hinckley and Bosworth290,884
Horsham344,449
Hounslow1,268,762
Huntingdonshire483,787
Hyndburn418,766
Ipswich689,025
Isle of Wight624,728
Isles of Scilly16,287
Islington2,075,829
Kensington and Chelsea1,210,275
Kettering341,300
King’s Lynn and West Norfolk521,624
Kingston upon Hull1,712,061
Kingston upon Thames629,009
Kirklees1,772,576
Knowsley942,802
Lambeth2,705,472
Lancaster506,307
Leeds3,666,947
Leicester1,822,906
Lewes384,316
Lewisham2,525,646
Lichfield269,116
Lincoln505,839
Liverpool3,247,128
Luton1,009,178
Maidstone532,655
Maldon186,176
Malvern Hills247,778
Manchester3,461,613
Mansfield482,464
Medway1,160,454
Melton153,129
Mendip384,062
Merton847,545
Mid Devon252,780
Mid Suffolk241,409
Mid Sussex349,977
Middlesbrough1,001,328
Milton Keynes1,230,381
Mole Valley255,266
New Forest484,957
Newark and Sherwood397,660
Newcastle-under-Lyme421,043
Newcastle upon Tyne1,647,770
Newham2,366,052
North Devon376,297
North Dorset214,839
North East Derbyshire356,082
North East Lincolnshire806,502
North Hertfordshire443,461
North Kesteven294,977
North Lincolnshire654,301
North Norfolk364,674
North Somerset757,933
North Tyneside1,001,682
North Warwickshire217,138
North West Leicestershire286,759
Northampton890,224
Northumberland1,232,692
Norwich852,687
Nottingham1,850,660
Nuneaton and Bedworth530,177
Oadby and Wigston155,572
Oldham1,185,810
Oxford675,589
Pendle399,300
Peterborough953,468
Plymouth1,341,838
Poole541,049
Portsmouth1,262,869
Preston637,152
Purbeck166,513
Reading859,069
Redbridge1,273,034
Redcar and Cleveland745,949
Redditch354,896
Reigate and Banstead430,890
Ribble Valley131,401
Richmond upon Thames605,101
Richmondshire153,131
Rochdale1,136,092
Rochford223,731
Rossendale272,934
Rother328,807
Rotherham1,204,407
Rugby320,286
Runnymede261,833
Rushcliffe244,744
Rushmoor393,286
Rutland102,867
Ryedale175,962
Salford1,507,078
Sandwell1,736,532
Scarborough543,575
Sedgemoor569,977
Sefton1,244,795
Selby253,494
Sevenoaks350,155
Sheffield2,665,051
Shropshire923,110
Slough808,051
Solihull779,541
South Bucks188,579
South Cambridgeshire354,126
South Derbyshire266,981
South Gloucestershire823,554
South Hams279,898
South Holland290,485
South Kesteven442,964
South Lakeland253,313
South Norfolk358,274
South Northamptonshire190,661
South Oxfordshire348,379
South Ribble327,626
South Somerset553,836
South Staffordshire297,953
South Tyneside1,008,597
Southampton1,308,252
Southend-on-Sea954,798
Southwark2,391,682
Spelthorne339,318
St Albans397,850
St Edmundsbury377,929
St Helens852,020
Stafford363,037
Staffordshire Moorlands249,134
Stevenage436,909
Stockport981,278
Stockton-on-Tees919,690
Stoke-on-Trent1,308,594
Stratford-on-Avon360,018
Stroud350,680
Suffolk Coastal357,229
Sunderland1,641,010
Surrey Heath221,534
Sutton728,937
Swale622,808
Swindon791,655
Tameside1,126,000
Tamworth313,423
Tandridge255,727
Taunton Deane408,488
Teignbridge441,574
Telford and Wrekin867,833
Tendring696,203
Test Valley344,806
Tewkesbury261,050
Thanet825,152
Three Rivers310,173
Thurrock717,138
Tonbridge and Malling389,805
Torbay770,020
Torridge265,044
Tower Hamlets2,681,602
Trafford807,840
Tunbridge Wells360,948
Uttlesford198,523
Vale of White Horse336,628
Wakefield1,566,003
Walsall1,488,413
Waltham Forest1,727,233
Wandsworth1,930,410
Warrington719,383
Warwick388,650
Watford455,042
Waveney500,853
Waverley349,300
Wealden386,549
Wellingborough326,370
Welwyn Hatfield494,340
West Berkshire459,927
West Devon189,210
West Dorset336,525
West Lancashire402,728
West Lindsey334,172
West Oxfordshire303,585
West Somerset167,930
Westminster1,774,729
Weymouth and Portland352,242
Wigan1,255,260
Wiltshire1,431,952
Winchester325,062
Windsor and Maidenhead419,615
Wirral1,616,451
Woking319,625
Wokingham281,832
Wolverhampton1,483,403
Worcester416,349
Worthing410,555
Wychavon376,185
Wycombe525,132
Wyre428,623
Wyre Forest426,754
York612,740
Wales
Blaenau Gwent405,972
Bridgend640,740
Caerphilly830,958
Cardiff1,691,949
Carmarthenshire705,779
Ceredigion275,609
Conwy512,856
Denbighshire477,674
Flintshire557,793
Gwynedd467,999
Isle of Anglesey292,564
Merthyr Tydfil333,129
Monmouthshire288,813
Neath Port Talbot752,019
Newport782,084
Pembrokeshire492,960
Powys425,306
Rhondda Cynon Taf1,044,196
Swansea1,117,376
Torfaen491,387
Vale of Glamorgan493,496
Wrexham638,207
Scotland
Aberdeen863,732
Aberdeenshire751,442
Angus473,076
Argyll and Bute391,393
Clackmannanshire307,558
Comhairle nan Eilean Siar146,400
Dumfries and Galloway733,595
Dundee1,045,436
East Ayrshire665,988
East Dunbartonshire299,193
East Lothian371,948
East Renfrewshire235,799
Edinburgh2,132,817
Falkirk695,792
Fife1,707,621
Glasgow4,626,765
Highland868,562
Inverclyde518,272
Midlothian383,253
Moray316,328
North Ayrshire846,895
North Lanarkshire1,717,206
Orkney100,971
Perth and Kinross524,135
Renfrewshire954,565
Scottish Borders526,080
Shetland87,722
South Ayrshire561,292
South Lanarkshire1,435,713
Stirling337,999
West Dunbartonshire639,547
West Lothian822,588.]

Article 12(1)(c)

F204SCHEDULE 1AE+W+SAdditional amount of subsidy: Activities to reduce fraud and error

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Article 12(1)(ba)

SCHEDULE 1ZAE+W+SAdditional amount of subsidy: Right Benefit Initiative

F205  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F205Sch. 1ZA omitted (with effect in accordance with art. 1(4) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 3(4)

Article 12(1)(bza)

[F206SCHEDULE 1ZBE+W+SAdditional amount of subsidy: Verify Earnings and Pension Alerts Service

Textual Amendments

F206Sch. 1ZB substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 2

InterpretationE+W+S

1.  In this Schedule—

“relevant activities” means activities carried out by authorities receiving VEP alerts to administer those alerts;

“VEP alerts” means alerts given by the Secretary of State enabling authorities to identify changes in earnings and pensions so as to help prevent fraud and error relating to housing benefit.

Additional amount: relevant year beginning with 1st April 2019E+W+S

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2019 is the amount specified for that authority in the Housing Benefit Circular HB S10/2019 published by the Department for Work and Pensions on 3rd May 2019.

Use of amount paid under paragraph 2E+W+S

3.  An authority must use the additional amount received under paragraph 2 in connection with relevant activities.]

Article 12(b)

F207SCHEDULE 2E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F207 Sch. 2 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(2)

Article 13(3)

F208SCHEDULE 3E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F208 Sch. 3 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(3)

Articles 13(1) and 16

SCHEDULE 4E+W+S HIGH RENTS AND RENT ALLOWANCES

F209PART IE+W+S REGULATED TENANCIES

Textual Amendments

F209 Sch. 4 Pt. I omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(a)

F2091.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

PART IIE+W+S RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amountE+W+S

2.  The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with [F210paragraph 6, 7, 8 or 9] as appropriate.

Textual Amendments

F210 Words in Sch. 4 para. 2 substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 5(2)

Rent officers’ determinationsE+W+S

3.  Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.

4.  This Part also applies in a case where the dwelling A is in a hostel and, by virtue of [F211regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations] (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.E+W+S

Textual Amendments

5.  This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of [F212paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations] (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.E+W+S

Textual Amendments

[F2136.  Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F214regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) to apply for a determination in relation to a dwelling, but the appropriate amount shall be nil if the authority fails to apply for that determination—E+W+S

(a) during the relevant year; or

(b) as soon as possible thereafter but before the date of the due date for the submission of the final subsidy claim for the relevant year.]

Textual Amendments

F213 Sch. 4 para. 6 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(b)

[F215 Rent officers' property-specific rent and claim-related rentE+W+S

7.  Where the rent officer either—

(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or

(b)determines a claim-related rent and the amount of eligible rent does not exceed the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit [F216under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges)], less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be [F217100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

Textual Amendments

F217 Words in Sch. 4 para. 7 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(2)(a)

8.—[F218(1) Where the rent officer either—E+W+S

(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or

(b)determines a claim-related rent and the amount of eligible rent exceeds the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit [F219under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges)], less ineligible amounts,

then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.]

(2) Where the allowance granted is the same as or is less than the excess—

(a)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(b)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.

(3) Where the allowance granted is greater than the excess the appropriate amount shall be

(a)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(b)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

together with [F220100 per cent]. of the qualifying expenditure which remains after deducting the excess.

Textual Amendments

F220 Words in Sch. 4 para. 8(3) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(2)(a)

Rent officers’ property-specific and size-related rentsE+W+S

9.—(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.

(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be [F221100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.

(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be [F221100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.

(4) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—

(a)where the allowance is the same as or is less than the excess—

(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)where the allowance granted is greater than the excess the appropriate amount shall be—

(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case [F221100 per cent]. of the qualifying expenditure which remains after deducting the excess.

(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—

(a)where the allowance is the same as or is less than the excess—

(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)where the allowance granted is greater than the excess the appropriate amount shall be—

(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case [F221100 per cent]. of the qualifying expenditure which remains after deducting the excess.

[F222(6) This paragraph does not apply where a rent officer determines a claim-related rent.]

Textual Amendments

F221 Words in Sch. 4 para. 9(2)-(5) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(2)(a)

Restriction on unreasonable rents or on rent increasesE+W+S

10.  This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A) M32, (4), as in force on 1st January 1996, or 12(2) M33 of the [F223Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M34, as in force on 5th October 1997.

Textual Amendments

Marginal Citations

M32 Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566 .

M33 Paragraph (2) was added by regulation 3(b) of S.I. 1989/566 .

M34 Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852 , but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852 .

Payments on account of rent allowanceE+W+S

F22411.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F224 Sch. 4 para. 11 omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 5(3)

Relevant dateE+W+S

12.  For the purposes of this Part—

(a)in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;

(b)in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;

(c)in a case where, during the relevant year—

(i)there has been a change relating to a rent allowance within the meaning of [F225regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations]; and

(ii)by virtue of [F226regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of [F227regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations] (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;

(d)in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—

(i)if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;

(iii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;

[F228(e)in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is—

(i)if the designated rent determination under the re-determination, substitute determination or substitute re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii)if the designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.]

Textual Amendments

Termination dateE+W+S

13.  For the purposes of this Part “termination date" means—

(a)31st March in the relevant year; or

(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or

(c)the date on which the allowance ceases to be paid in respect of the tenancy,

whichever is the earlier date in the relevant year.

PART IIIE+W+S RECKONABLE RENT CASES

F22914.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F229 Sch. 4 para. 14 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(c)

15.  In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in [F230regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F231100 per cent]. of the eligible rent less ineligible amounts.E+W+S

Textual Amendments

F231 Words in Sch. 4 para. 15 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(2)(b)

PART IVE+W+S GENERAL AND INTERPRETATION

ApportionmentE+W+S

16.  For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under [F232regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations] (rent).

Textual Amendments

InterpretationE+W+S

17.—(1) In this Schedule, unless the context otherwise requires—

  • “appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under [F233paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (meal F234... charges);

  • [F235“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;]

  • “designated rent" means—

    (a)

    in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;

    (b)

    in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;

    (c)

    [F236in a case where a rent officer has determined a claim-related rent, that rent;]

  • [F237“ineligible amounts” means—

    (a)

    in a case where the rent officer has determined a claim-related rent—

    (i)

    any amount in respect of amounts ineligible to be met by housing benefit under [F238paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);

    (ii)

    [F239where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—

    (aa)

    paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or

    (bb)

    paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;]

    (b)

    in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—

    (i)

    any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met [F240under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (payments in respect of fuel charges);

    (ii)

    any amount in respect of amounts ineligible to be met by housing benefit under [F241paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);

    (iii)

    where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under [F242paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs].]

  • “property-specific rent", except as provided in the definition of “property-specific rent less ineligible amounts" below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;

  • “property-specific rent less ineligible amounts" has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under [F243paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (ineligible service charges for food and fuel), as the case may be (“ineligible payments"), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;

  • “size-related rent" means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,

and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule [F244and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations] shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.

(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.

(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—

(a)the terms of the tenancy of a dwelling; or

(b)the size or composition of the household occupying that dwelling,

which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.

Textual Amendments

[F245PART VE+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

Textual Amendments

F245 Sch. 4 Pt. V substituted (2.1.2004, 2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 11 , Schs. 2

18.  The Table referred to in paragraph 1 is—E+W+S

(1)(2)
Threshold (weekly sum)Rent Registration Area
(£)
ENGLAND
Avon169.06
Barking & Dagenham173.53
Barnet228.90
Bedfordshire93.92
Berkshire176.00
Bexley183.83
Brent201.33
Bromley206.83
Buckinghamshire214.25
Cambridgeshire96.04
Camden258.22
Cheshire192.69
City257.93
Cleveland123.96
Cornwall152.47
Croydon210.30
Cumbria148.07
Derbyshire109.04
Devon159.42
Dorset161.43
Durham120.78
Ealing201.31
East Sussex243.14
Enfield171.21
Essex112.27
Gloucestershire150.23
Greater Manchester166.32
Greenwich184.28
Hackney168.29
Hammersmith and Fulham198.12
Hampshire229.91
Haringey190.26
Harrow212.68
Havering172.24
Hereford and Worcester171.24
Hertfordshire123.15
Hillingdon182.32
Hounslow204.37
Humberside100.85
Isle of Wight196.27
Islington196.67
Kensington and Chelsea246.89
Kent236.29
Kingston upon Thames252.06
Lambeth162.14
Lancashire167.71
Leicestershire124.72
Lewisham150.72
Lincolnshire114.45
Merseyside183.43
Merton223.17
Newham163.27
Norfolk85.12
North Yorkshire120.36
Northamptonshire134.38
Northumberland118.67
Nottinghamshire132.56
Oxfordshire259.00
Redbridge164.61
Richmond upon Thames252.06
Shropshire163.64
Somerset151.91
South Yorkshire90.46
Southwark174.93
Staffordshire153.70
Suffolk87.52
Surrey285.52
Sutton191.01
Tower Hamlets181.82
Tyne & Wear113.32
Waltham Forest140.88
Wandsworth221.47
Warwickshire164.56
West Midlands161.13
West Sussex249.11
West Yorkshire100.63
Westminster257.93
Wiltshire156.85
WALES
Clwyd87.91
Dyfed77.40
Gwent85.12
Gwynedd78.89
Mid Glamorgan90.05
Powys86.11
South Glamorgan100.64
West Glamorgan86.67
SCOTLAND
Aberdeen116.83
Aberdeenshire126.66
Angus116.83
Argyll-Bute107.61
Clackmannanshire150.40
Comhairlie Nan Eilean Siar172.53
Dumfries & Galloway125.40
Dundee116.83
East Ayrshire103.93
East Dunbartonshire133.48
East Lothian132.78
East Renfrewshire180.26
Edinburgh,City of132.78
Falkirk117.91
Fife116.83
Glasgow103.93
Highland114.79
Inverclyde103.93
Midlothian132.78
Moray116.83
North Ayrshire103.93
North Lanarkshire103.93
Orkney116.83
Perth & Kinross124.08
Renfrewshire103.93
Scottish Borders132.78
Shetland116.83
South Ayrshire119.53
South Lanarkshire103.93
Stirling121.19
West Dunbartonshire103.93
West Lothian132.78]

Article 20A

[F246SCHEDULE 4AE+W+SRENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

Textual Amendments

PART 1E+W+SINTERPRETATION

1.  In this Schedule—E+W+S

[F247“Affordable Rent” means the rent payable to an authority in respect of a tenancy of a dwelling where the rent is set on the same basis as would have been case if the amount of rent were subject to a standard set by the Regulator of Social Housing under section 194 of the Housing and Regeneration Act 2008 (which requires the initial rent to be set at no more than 80% of local market rent (including service charges));

“Affordable Rent dwelling” means a dwelling which the authority has let on a tenancy for which it charges an Affordable Rent, and in relation to which either of the following applies—

(a)

the authority has entered into an agreement with a relevant party that the dwelling is one for which the authority will charge an Affordable Rent; or

(b)

the authority has received a written notice from a relevant party that the dwelling is one for which the authority charges an Affordable Rent;]

[F248“dwelling” has the same meaning it bears in the determination made under section 80(1) of the Local Government and Housing Act 1989,]

“ HRA ” means the Housing Revenue Account of the authority the amount of whose subsidy is under consideration,

“new service” means—

(a)

a service provided in the relevant year that was not provided in 2001–02,

(b)

[F249an extension to a service, where the service is provided in the relevant year to a greater extent than in 2001-02, or]

(c)

a service provided in the relevant year for which a charge is imposed which is a service which was previously provided without charge because it was funded by a specific grant or subsidy (other than subsidy),

[F250“relevant party” means—

(a)

the Homes and Communities Agency;

(b)

the Greater London Authority; or

(c)

the Secretary of State;]

“rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in [F251regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations], other than a payment specified in regulation [F252regulation 12(1)(e)],

F253...

F254 ...

“void dwelling” means a dwelling that is unoccupied,

“2001–02” means the year beginning with 1st April 2001 (and any corresponding expression in which two years are similarly mentioned is to be read in the same way).

Textual Amendments

F247 Words in Sch. 4A Pt. 1 inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266) , arts. 1(1) , 4(2)(a)

F248 Words in Sch. 4A Pt. 1 inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(5)(a)

F249 Words in Sch. 4A Pt. 1 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(5)(b)

F250 Words in Sch. 4A Pt. 1 inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266) , arts. 1(1) , 4(2)(b)

F252 Words in Sch. 4A para. 1 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2009 (S.I. 2009/2564) , art. 1(1) , Sch. para. 2

F253 Words in Sch. 4A para. 1 omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(2)

F254 Words in Sch. 4A para. 1 omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(2)

PART 2E+W+SENGLAND

Liability to deductionE+W+S

2.—(1) This paragraph applies in the case of an authority in England in relation to the relevant year if the authority is specified in the Table in Part 3 of this Schedule for that year and the weekly rent limit for a dwelling that is so specified for the authority is less than the subsidy limitation rent.E+W+S

[F255(2) The subsidy limitation rent for an authority is equal to the average weekly rent for a dwelling for the authority for the relevant year, calculated in accordance with sub-paragraph (3).]

[F256(3)  For the purposes of sub-paragraph (2), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA. ]

F257( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of [F258sub-paragraph (3)], void dwellings [F259and dwellings which are Affordable Rent dwellings] are disregarded.

F260( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F261( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F262(8) For the purposes of calculating the total number of weeks for which rent is charged in [F263sub-paragraph (3)] rent free periods shall be included.]

Textual Amendments

F255 Sch. 4A para. 2(2) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(a)

F257 Sch. 4A para. 2(4) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(b)

F258 Words in Sch. 4A para. 2(5) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(c)

F259 Words in Sch. 4A para. 2(5) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266) , arts. 1(1) , 4(3)

F260 Sch. 4A para. 2(6) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(d)

F261 Sch. 4A para. 2(7) omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(d)

F262 Sch. 4A para. 2(8) inserted (with effect in accordance with art. 1(4) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(3)(b)

F263 Words in Sch. 4A para. 2(8) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 6(3)(c)

Amount of deductionE+W+S

3.—(1) The amount of the deduction from subsidy referred to in article 20A(2) shall be calculated as follows.E+W+S

  • Step 1

    Divide the amount of rebates paid by the authority in the relevant year in respect of dwellings in the by the income of the authority for that year from rent and service charges (including rent and charges remitted by way of rebate) in respect of such dwellings.

  • Step 2

    If the result of step 1 does not exceed the rebate proportion in England for the relevant year (see sub-paragraph (3))—

    (a)

    divide the weekly rent limit for a dwelling for the authority for the relevant year as specified in Part 3 of this Schedule by the subsidy limitation rent (see paragraph 2(2)),

    (b)

    subtract the result of paragraph (a) from the number 1, and

    (c)

    multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).

    If the result of step 1 exceeds the rebate proportion in England for the relevant year—

    (i)

    multiply the amount by which the subsidy limitation rent exceeds the weekly rent limit for a dwelling for the authority for the relevant year as specified in Part 3 of this Schedule by the rebate proportion in England for the relevant year,

    (ii)

    multiply the subsidy limitation rent by the result of step 1,

    (iii)

    divide the result of paragraph (i) by the result of paragraph (ii), and

    (iv)

    multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iii).

(2) For the purposes of the calculation in sub-paragraph (1), void dwellings are to be disregarded.

[F264(3) The rebate proportion for 2019-20 is 0.726.]

Textual Amendments

F264Sch. 4A Pt. 2 para. 3(3) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), arts. 1(1), 4(2)

[F265PART 3E+W+SWEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

Textual Amendments

[F266Relevant Year 2019-2020

AuthorityWeekly rent limit (£)
Adur92.74
Arun89.61
Ashfield67.35
Ashford88.34
Babergh88.19
Barking and Dagenham96.76
Barnet106.92
Barnsley73.76
Barrow-in-Furness74.11
Basildon86.68
Bassetlaw71.55
Birmingham81.75
Blackpool70.38
Bolsover80.74
Bournemouth, Christchurch and Poole83.28
Brent114.56
Brentwood93.42
Brighton and Hove83.33
Bristol80.06
Broxtowe73.44
Bury75.66
Cambridge101.68
Camden119.96
Cannock Chase74.65
Canterbury87.18
Castle Point87.23
Central Bedfordshire100.47
Charnwood73.36
Cheltenham79.32
Cheshire West and Chester81.37
Chesterfield78.70
City of London105.18
City of York78.33
Colchester86.43
Corby77.80
Cornwall70.08
Crawley101.89
Croydon104.75
Dacorum107.05
Darlington70.29
Dartford88.91
Derby77.72
Doncaster72.31
Dover83.22
Dudley81.68
Ealing100.33
East Devon80.67
East Riding of Yorkshire78.26
East Suffolk79.55
Eastbourne78.54
Enfield100.09
Epping Forest98.19
Exeter74.33
Fareham89.79
Folkestone and Hythe83.18
Gateshead75.55
Gosport82.77
Gravesham88.55
Great Yarmouth73.91
Greenwich101.95
Guildford109.37
Hackney99.78
Hammersmith and Fulham114.73
Haringey105.15
Harlow90.95
Harrogate79.68
Harrow112.41
Hartlepool99.62
Havering95.42
High Peak72.27
Hillingdon107.95
Hinckley and Bosworth77.46
Hounslow101.42
Ipswich81.21
Islington120.97
Kensington and Chelsea126.61
Kettering80.44
Kingston upon Hull74.19
Kingston upon Thames110.84
Kirklees68.93
Lambeth107.73
Lancaster76.32
Leeds73.45
Leicester70.93
Lewes88.40
Lewisham95.33
Lincoln67.96
Luton85.60
Manchester73.88
Mansfield72.29
Medway Towns80.94
Melton76.24
Mid Devon77.70
Mid Suffolk81.36
Milton Keynes84.82
New Forest98.28
Newark and Sherwood77.11
Newcastle upon Tyne74.33
Newham97.10
North East Derbyshire80.33
North Kesteven75.73
North Tyneside75.67
North Warwickshire86.86
North West Leicestershire78.16
Northampton82.19
Northumberland67.56
Norwich78.40
Nottingham74.09
Nuneaton and Bedworth77.25
Oadby and Wigston78.35
Oldham82.05
Oxford City107.80
Portsmouth83.94
Reading103.81
Redbridge101.56
Redditch77.18
Richmondshire76.79
Rotherham75.00
Rugby85.62
Runnymede109.15
Salford82.92
Sandwell80.42
Sedgemoor76.77
Selby77.43
Sheffield71.03
Shropshire80.54
Slough105.09
Solihull81.26
Somerset West and Taunton81.37
South Cambridgeshire105.84
South Derbyshire78.98
South Holland74.82
South Kesteven77.81
South Tyneside74.47
Southampton83.87
Southend-on-Sea84.89
Southwark106.80
St Albans112.61
Stevenage96.83
Stockport73.80
Stoke-on-Trent69.65
Stroud81.52
Sutton105.86
Swindon81.90
Tamworth79.33
Tandridge97.19
Tendring82.93
Thanet80.02
Thurrock85.01
Tower Hamlets109.61
Uttlesford97.43
Waltham Forest100.93
Wandsworth123.52
Warwick92.68
Waverley113.30
Wealden83.77
Welwyn Hatfield106.96
West Lancashire75.29
Westminster123.75
Wigan76.07
Wiltshire87.15
Winchester100.29
Woking103.09
Wokingham114.08
Wolverhampton78.84.]]

Textual Amendments

F266Sch. 4A Pt. 3 substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 3

PART 4E+W+SWALES

Liability to deductionE+W+S

4.  This paragraph applies in the case of an authority in Wales in relation to the relevant year if the authority is specified in the Table in Part 5 of this Schedule for that year and E+W+S

where—

O

is the amount specified in column 1 of that Table for the authority,

P

is the guideline rent increase specified in column 2 of that Table for the authority, and

Q

is the average weekly rent for a dwelling for the authority for the relevant year (see paragraph 2(3)) [F267and (5)].

Textual Amendments

Amount of deductionE+W+S

5.—(1) The amount of the deduction from subsidy referred to in article 20A(2) shall be calculated as follows.E+W+S

  • Step 1

    Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.

  • Step 2

    If the result of step 1 does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—

    (a)

    deduct (O + P) from Q (see paragraph 4),

    (b)

    divide the result of paragraph (a) by Q,

    (c)

    multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).

    If the result of step 1 exceeds the rebate proportion for the relevant year—

    (i)

    deduct (O + P) from Q (see paragraph 4),

    (ii)

    divide the result of paragraph (i) by Q,

    (iii)

    divide the rebate proportion for Wales (see sub-paragraph (2)) by the result of step 1,

    (iv)

    multiply the result of paragraph (ii) by the result of paragraph (iii),

    (v)

    multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iv).

[F268(2) The rebate proportion for Wales for each relevant year commencing with 2006-07 is 0.66.]

Textual Amendments

[F269PART 5E+W+SAMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

Textual Amendments

[F270Relevant Year 2019-2020

Local authority(1) Specified amount “O” (£)(2) Guideline rent increase “P” (£)
Caerphilly91.724.05
Cardiff102.984.44
Carmarthenshire91.244.05
Denbighshire88.964.10
Flintshire92.374.17
Isle of Anglesey88.114.09
Pembrokeshire92.193.90
Powys93.084.07
Swansea90.104.15
Vale of Glamorgan99.694.25
Wrexham91.344.11.]]]

Textual Amendments

F270Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 4

Articles 13 and 21

[F271SCHEDULE 5E+W+S BENEFIT SAVINGS

Textual Amendments

F271Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), art. 1(1), Sch. 4

F272  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F272 Sch. 5 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2005 (S.I. 2005/369) , arts. 1(1) , 5(2)

Articles 3A

[F273SCHEDULE 6E+W+SELECTRONIC COMMUNICATIONS

Textual Amendments

PART 1E+W+SINTERPRETATION

InterpretationE+W+S

1  In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.

PART 2E+W+SELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

Conditions for the use of electronic communicationsE+W+S

2.—(1) An authority[F274, reporting accountant] or auditor must use an approved method of—

(a)electronic communication;

(b)authenticating the identity of the sender of the communication;

(c)authenticating any claim or return delivered by means of an electronic communication; and

(d)submitting to the Secretary of State any claim or return.

(2) An authority[F274, reporting accountant] or auditor must submit any claim or return by means of an electronic communication in an approved form.

(3) Where a claim or return is submitted electronically but not in accordance with the conditions specified in this paragraph, that claim or return shall be treated as not having been submitted.

(4) In this paragraph “approved” means approved by means of a direction given by the Secretary of State.

Textual Amendments

F274Words in Sch. 6 para. 2 inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(a)

Use of intermediariesE+W+S

3  The Secretary of State may—

(a)use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and

(b)require authorities[F275, reporting accountants] or auditors to use intermediaries in connection with those matters.

Textual Amendments

F275Words in Sch. 6 para. 3(b) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(b)

PART 3E+W+SELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communicationE+W+S

4—(1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—

(a)by or under this Schedule; and

(b)by or under Part II of this Order

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of informationE+W+S

5  For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.

Proof of delivery of informationE+W+S

6—(1) For the purpose of any legal proceedings, it shall be presumed that—

(a)if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;

(b)if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;

(c)any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.

Proof of content of informationE+W+S

7  For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system.]

Article 17A

[F276SCHEDULE 7E+W+SAuthorities in London

Textual Amendments

Barking and Dagenham

Barnet

Bexley

Brent

Bromley

Camden

City of London

Croydon

Ealing

Enfield

Greenwich

Hackney

Hammersmith and Fulham

Haringey

Harrow

Havering

Hillingdon

Hounslow

Islington

Kensington and Chelsea

Kingston upon Thames

Lambeth

Lewisham

Merton

Newham

Redbridge

Richmond upon Thames

Southwark

Sutton

Tower Hamlets

Waltham Forest

Wandsworth

Westminster]

Articles 17 and 17A

[F277SCHEDULE 8E+W+SBroad rental market areas in London

Textual Amendments

F277 Sch. 8 added (26.11.2010, with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481) , arts. 1(1) , 5 , Schs. 3

Central London
Inner East London
Inner North London
Inner South East London
Inner South West London
Inner West London
Outer South West London]]

Explanatory Note

(This note is not part of the Order)

This Order makes provision for claims for, the calculation of and payment of subsidy payable under the Social Security Administration Act 1992 to authorities administering housing benefit or council tax benefit on and after 1st April 1997; section 140C(4) of that Act gives it retrospective effect.

Part II provides for the time and manner in which claims for subsidy are to be made and, subject to certain conditions in relation to such claims, for when subsidy on those claims is to be paid.

It sets out in Part III the manner in which the total figure for an authority’s subsidy for a financial year beginning on or after 1st April 1997 is calculated (articles 12(a) and 13 to 17 and Schedules 1, 3, 4 and 5) and the manner of calculating the additional sum payable to an authority in respect of the costs of administering those benefits (article 12(b) and Schedules 1 and 2).

The Order also makes provision for additions to and deductions from subsidy (articles 11(2), 13, 18, 19, 20 and 21 and Schedules 1, 3 and 5).

Part IV makes certain transitional and consequential provisions.

This Order does not impose a charge on businesses.

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