PART III CALCULATION OF SUBSIDY

Interpretation of Part III11

1

In this Part, unless the context otherwise requires—

  • “allowance" means a rent allowance;

  • F15“appeal tribunal” has the meaning it bears in section 39(1) of the Social Security Act 1998;

  • “board and lodging accommodation" means—

    1. 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

    2. 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 M1 nor in a hostel within the meaning of F5regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations;

  • F16“Commissioner” has the meaning it bears in section 39(1) of the Social Security Act 1998;

  • F19...

  • F18“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;

  • F6“the Council Tax Benefit Regulations” means the Council Tax Benefit Regulations 2006;

  • F7“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;

  • F8“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;

  • F9“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 F20... 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 F2... M2;

  • “the Rent Officers Order" means the Rent Officers (Housing Benefits Functions) Order 1997 M3 or the Rent Officers (Housing Benefits Functions) (Scotland) Order 1997 M4, as the case may be;

  • “the Rent Officers Order 1995" means the Rent Officers (Additional Functions) Order 1995 M5 or the Rent Officers (Additional Functions) (Scotland) Order 1995 M6, 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 F1Contributions and Benefits Act 1992;

and other expressions used in this Part and in F10the 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 F11regulation 93 of the Housing Benefit Regulations F12and regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payments on account of a rent allowance) M7 and any extended payments, lawfully paid F17or treated as lawfully paid under paragraph (3) by the authority during the relevant year, less—

  1. a

    the deduction, if any, calculated for that authority in article 15 F4or 15A;

  2. b

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

  3. c

    where, under sections 134(8) M8 (arrangements for housing benefit) or 139(6) M9 (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.

F133

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 F14regulation 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.