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

1 Citation, commencement and interpretation

PART II CLAIMS FOR AND PAYMENT OF SUBSIDY

2 Interpretation of Parts II and IV

3 Conditions for payment of subsidy

3AElectronic communications

4 Requirement of claim

5 Requirement to keep records and provide information

6 Requirement of audit

7 Final condition for the payment of subsidy

8 In year instalments of subsidy

8APayment of subsidy before audit complete

9 Payment of subsidy for the relevant year

9ATransitional Protection Adjustments

10 Estimating subsidy

PART III CALCULATION OF SUBSIDY

11 Interpretation of Part III

12 Amount of subsidy

13 Relevant benefit

14 Backdated benefit

15 Disproportionate rent increase

15ADisproportionate rent increase – Wales

16 Treatment of high rents in rent allowance cases

17Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation

17ASubsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation

17BSubsidy 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 accommodation

17CSubsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation

18 Additions to subsidy

19 Deductions to be made in calculating subsidy

20 Deduction from subsidy

20ADeductions from subsidy for rebate for dwellings within the Housing Revenue Account

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

PART IV TRANSITIONAL AND SAVINGS

22 Provisions for claims for 1997/98

23 Transitional provisions in relation to rent officer determinations

24 Modifications of exemption from improvements rule

SCHEDULE 1Sums to be used in the calculation of subsidy

SCHEDULE 2 ADJUSTMENT FOR PRIORITISATION OF CLAIMS

1 General and interpretation

2 Housing benefit claims

3This paragraph applies where an authority determines a claim to...

4This paragraph applies where an authority does not determine a...

5 Council tax benefit claims

6This paragraph applies where an authority determines a claim to...

7This paragraph applies where an authority does not determine a...

SCHEDULE 3 CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

PART I GENERAL INTERPRETATION

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

PART II DEDUCTIONS

2The percentage referred to in article 13(3)(a) for an authority...

3The percentage referred to in article 13(3)(b) for an authority...

4The percentage referred to in article 13(3)(c) for an authority...

PART III CALCULATIONS AND TABLE

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

SCHEDULE 4 HIGH RENTS AND RENT ALLOWANCES

PART I REGULATED TENANCIES

1(1) In a case to which this Part applies, where...

PART II RENT OFFICERS’ DETERMINATIONS

2 Calculation of the appropriate amount

3 Rent officers’ determinations

4This Part also applies in a case where the dwelling...

5This Part also applies in a case where a rent...

6Except where paragraph 5 applies, this Part also applies in...

7 Rent officers' property-specific rent and claim-related rent

8(1) Where the rent officer either— (a) determines a property-specific...

9 Rent officers’ property-specific and size-related rents

10 Restriction on unreasonable rents or on rent increases

11 Payments on account of rent allowance

12 Relevant date

13 Termination date

PART III RECKONABLE RENT CASES

14In a case where article 16(4)(a) applies—

15In a case where article 16(4)(c) applies, the appropriate amount...

PART IV GENERAL AND INTERPRETATION

16 Apportionment

17 Interpretation

PART V THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

18The Table referred to in paragraph 1 is— (1) (2)...

SCHEDULE 4ARENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

PART 1INTERPRETATION

1In this Schedule— “Affordable Rent” means the rent payable to...

Liability to deduction

2(1) This paragraph applies in the case of an authority...

Amount of deduction

3(1) The amount of the deduction from subsidy referred to...

PART 3WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

Liability to deduction

4This paragraph applies in the case of an authority in...

Amount of deduction

5(1) The amount of the deduction from subsidy referred to...

PART 5AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4:AUTHORITIES IN WALES

SCHEDULE 5 BENEFIT SAVINGS

SCHEDULE 6ELECTRONIC COMMUNICATIONS

PART 1INTERPRETATION

1Interpretation

PART 2ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

2Conditions for the use of electronic communications

3Use of intermediaries

PART 3ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

4Effect of delivering information by means of electronic communication

5Proof of identify of sender or recipient of information

6Proof of delivery of information

7Proof of content of information

SCHEDULE 7Authorities in London

SCHEDULE 8Broad rental market areas in London

1998 No. 562

SOCIAL SECURITY

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

Made4th March 1998

Laid before Parliament10th March 1998

Coming into force31st 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: