Article 20A

[F1SCHEDULE 4AE+W+SRENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

Textual Amendments

PART 1E+W+SINTERPRETATION

1.  In this Schedule—E+W+S

[F2“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;]

[F3“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)

[F4an 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),

[F5“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 [F6regulation 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 [F7regulation 12(1)(e)],

F8...

F9 ...

“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

F2 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)

F3 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)

F4 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)

F5 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)

F7 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

F8 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)

F9 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

[F10(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).]

[F11(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. ]

F12( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of [F13sub-paragraph (3)], void dwellings [F14and dwellings which are Affordable Rent dwellings] are disregarded.

F15( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17(8) For the purposes of calculating the total number of weeks for which rent is charged in [F18sub-paragraph (3)] rent free periods shall be included.]

Textual Amendments

F10 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)

F12 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)

F13 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)

F14 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)

F15 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)

F16 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)

F17 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)

F18 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

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

[F19(3) The rebate proportion for 2017-18 is 0.739.]

Textual Amendments

[F20PART 3E+W+SWEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

Textual Amendments

Relevant Year 2017-2018

AuthorityWeekly rent limit (£)
Adur94.57
Arun91.39
Ashfield68.78
Ashford89.54
Babergh90.00
Barking and Dagenham98.74
Barnet108.99
Barnsley75.32
Barrow in Furness75.65
Basildon88.48
Bassetlaw73.03
Birmingham83.47
Blackpool71.79
Bolsover82.49
Bournemouth84.06
Brent117.02
Brentwood95.31
Brighton and Hove85.00
Bristol81.73
Broxtowe75.02
Bury77.26
Cambridge103.75
Camden122.33
Cannock Chase76.21
Canterbury89.02
Castle Point89.11
Central Bedfordshire102.73
Charnwood74.97
Cheltenham80.98
Cheshire West and Chester83.10
Chesterfield80.30
City of London107.14
City of York79.95
Colchester88.24
Corby79.46
Cornwall71.60
Crawley104.01
Croydon106.91
Dacorum109.31
Darlington71.41
Dartford90.72
Derby79.36
Doncaster73.82
Dover84.93
Dudley83.42
Ealing102.38
East Devon82.35
East Riding of Yorkshire79.92
Eastbourne80.19
Enfield102.07
Epping Forest100.18
Exeter75.86
Fareham91.74
Gateshead77.05
Gosport84.48
Gravesham90.35
Great Yarmouth75.49
Greenwich104.07
Guildford111.58
Hackney101.74
Hammersmith and Fulham116.96
Haringey107.17
Harlow92.92
Harrogate81.31
Harrow114.72
Havering101.64
High Peak97.30
Hillingdon73.79
Hinckley and Bosworth110.12
Hounslow79.19
Ipswich103.52
Islington82.91
Kensington and Chelsea121.51
Kettering129.15
Kingston upon Hull82.14
Kingston upon Thames75.77
Kirklees113.11
Lambeth70.39
Lancaster109.89
Leeds77.93
Leicester 72.52
Lewes90.24
Lewisham97.23
Lincoln69.37
Luton87.41
Manchester74.29
Mansfield73.78
Medway Towns82.70
Melton77.88
Mid Devon79.31
Mid Suffolk83.14
Milton Keynes86.52
New Forest100.20
Newark and Sherwood78.78
Newcastle upon Tyne75.82
Newham98.07
North East Derbyshire82.07
North Kesteven77.37
North Tyneside77.32
North Warwickshire88.68
North West Leicestershire79.73
Northampton83.94
Northumberland68.96
Norwich80.04
Nottingham75.67
Nuneaton and Bedworth78.89
Oadby and Wigston80.01
Oldham76.32
Oxford City109.99
Poole85.94
Portsmouth85.81
Reading105.76
Redbridge103.67
Redditch78.80
Richmondshire78.39
Rotherham76.56
Rugby87.49
Runnymede111.32
Salford77.13
Sandwell82.13
Sedgemoor78.41
Selby79.04
Sheffield72.54
Shepway84.92
Shropshire82.31
Slough107.22
Solihull83.02
South Cambridgeshire108.00
South Derbyshire80.64
South Holland76.40
South Kesteven79.50
South Tyneside75.98
Southampton85.66
Southend-on-Sea87.15
Southwark108.95
St.Albans114.77
Stevenage98.81
Stockport75.39
Stoke-on-Trent71.11
Stroud83.25
Sutton108.03
Swindon83.66
Tamworth81.10
Tandridge99.11
Taunton Deane83.09
Tendring84.70
Thanet81.68
Thurrock86.76
Tower Hamlets111.77
Utttlesford99.15
Waltham Forest102.92
Wandsworth126.00
Warwick94.70
Waveney80.82
Waverley115.62
Wealden85.11
Welwyn Hatfield109.01
West Lancashire76.90
Westminster126.13
Wigan77.71
Wiltshire88.96
Winchester102.19
Woking105.23
Wokingham116.34
Wolverhampton80.53.]

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)) [F21and (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

[F22(2) The rebate proportion for Wales for each relevant year commencing with 2006-07 is 0.66.]

Textual Amendments

[F23PART 5E+W+SAMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

Textual Amendments

Relevant Year 2017-2018

Local authority(1) Specified amount “O” (£)(2) Guideline rent increase “P” (£)
Caerphilly82.004.00
Cardiff92.414.28
Carmarthenshire81.593.97
Denbighshire79.333.95
Flintshire82.464.04
Isle of Anglesey78.184.20
Pembrokeshire83.063.77
Powys83.453.97
Swansea80.324.00
Vale of Glamorgan89.404.20
Wrexham81.624.00.]]