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

  1. Introductory Text

  2. PART I GENERAL

    1. 1. Citation, commencement and interpretation

  3. PART II CLAIMS FOR AND PAYMENT OF SUBSIDY

    1. 2. Interpretation of Parts II and IV

    2. 3. Conditions for payment of subsidy

    3. 3A.Electronic communications

    4. 4. Requirement of claim

    5. 5. Requirement to keep records and provide information

    6. 6. Requirement of audit

    7. 7. Final condition for the payment of subsidy

    8. 8. In year instalments of subsidy

    9. 8A.Payment of subsidy before audit complete

    10. 9. Payment of subsidy for the relevant year

    11. 9A.Transitional Protection Adjustments

    12. 10. Estimating subsidy

  4. PART III CALCULATION OF SUBSIDY

    1. 11. Interpretation of Part III

    2. 12. Amount of subsidy

    3. 13. Relevant benefit

    4. 14. Backdated benefit

    5. 15. Disproportionate rent increase

    6. 15A.Disproportionate rent increase – Wales

    7. 16. Treatment of high rents in rent allowance cases

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

    9. 17A.Subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation

    10. 17B.Subsidy 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

    11. 17C.Subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation

    12. 18. Additions to subsidy

    13. 19. Deductions to be made in calculating subsidy

    14. 20. Deduction from subsidy

    15. 20A.Deductions from subsidy for rebate for dwellings within the Housing Revenue Account

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

  5. PART IV TRANSITIONAL AND SAVINGS

    1. 22. Provisions for claims for 1997/98

    2. 23. Transitional provisions in relation to rent officer determinations

    3. 24. Modifications of exemption from improvements rule

  6. Signature

    1. SCHEDULE 1

      Sums to be used in the calculation of subsidy

    2. SCHEDULE 2

      ADJUSTMENT FOR PRIORITISATION OF CLAIMS

      1. 1. General and interpretation

      2. 2. Housing benefit claims

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

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

      5. 5. Council tax benefit claims

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

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

    3. SCHEDULE 3

      CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

      1. PART I GENERAL INTERPRETATION

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

      2. PART II DEDUCTIONS

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

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

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

      3. PART III CALCULATIONS AND TABLE

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

    4. SCHEDULE 4

      HIGH RENTS AND RENT ALLOWANCES

      1. PART I REGULATED TENANCIES

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

      2. PART II RENT OFFICERS’ DETERMINATIONS

        1. 2. Calculation of the appropriate amount

        2. 3. Rent officers’ determinations

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

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

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

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

        7. 8.(1) Where the rent officer either— (a) determines a property-specific...

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

        9. 10. Restriction on unreasonable rents or on rent increases

        10. 11. Payments on account of rent allowance

        11. 12. Relevant date

        12. 13. Termination date

      3. PART III RECKONABLE RENT CASES

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

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

      4. PART IV GENERAL AND INTERPRETATION

        1. 16. Apportionment

        2. 17. Interpretation

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

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

    5. SCHEDULE 4A

      RENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

      1. PART 1 INTERPRETATION

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

      2. PART 2 ENGLAND

        1. Liability to deduction

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

        2. Amount of deduction

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

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

      4. PART 4 WALES

        1. Liability to deduction

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

        2. Amount of deduction

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

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

    6. SCHEDULE 5

      BENEFIT SAVINGS

      1. ...

    7. SCHEDULE 6

      ELECTRONIC COMMUNICATIONS

      1. PART 1 INTERPRETATION

        1. 1.Interpretation

      2. PART 2 ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

        1. 2.Conditions for the use of electronic communications

        2. 3.Use of intermediaries

      3. PART 3 ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

        1. 4.Effect of delivering information by means of electronic communication

        2. 5.Proof of identify of sender or recipient of information

        3. 6.Proof of delivery of information

        4. 7.Proof of content of information

    8. SCHEDULE 7

      Authorities in London

    9. SCHEDULE 8

      Broad rental market areas in London

  8. Explanatory Note