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

Interpretation of Parts II and IV E+W+S

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

• F1 ...

• F2 ...

• “claim" means an initial claim, mid-year claim [F3 or a final claim], 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)F4 ..., as the case may be;

• [F5 “electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000]

• F6 ...

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

• “final subsidy" means any subsidy which is not interim subsidy [F7 or an amount paid, withheld or deducted pursuant to article 8A];

• [F8 “HBAP” means the Housing Benefit Assurance Process published by the Department for Work and Pensions on 29th March 2017 and last updated on [F9 17th April 2023] ;]

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

• “interim subsidy" means subsidy pursuant to articles F10 ... 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.

• [F8 “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;]

• [F8 “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

F1 Words in art. 2 omitted (31.10.2021) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 2(a)

F2 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)

F3 Words in art. 2 substituted (31.10.2021) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 2(b)

F4 Words in art. 2 omitted (31.10.2021) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 2(c)

F5 Words in art. 2 inserted (5.2.2007) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26), arts. 1(1), 2(2)

F6 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)

F7 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)

F8 Words 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)

F9 Words in art. 2 substituted (6.11.2023) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023 (S.I. 2023/1040), arts. 1(1), 3 (with art. 2(2))

F10 Words in art. 2 omitted (14.12.1998) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 1998 (S.I. 1998/2865) , arts. 1(1) , 2