The Income-related Benefits (Subsidy to Authorities) Order 1998 No. 562

Article 20A

[F1 Schedule 4A E+W+S Rent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales

Textual Amendments

F1 Sch. 4A substituted (6.11.2023) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023 (S.I. 2023/1040), art. 1(1), Sch. 4

Interpretation E+W+S

1.   In this Schedule—

“HRA” means the Housing Revenue Account of the authority the amount of whose subsidy is under consideration;

“rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in regulation 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 12(1)(e).

Liability to deduction E+W+S

2.— (1) This paragraph applies in relation to the relevant year if—

(a) the authority is specified in the Table in paragraph 4 for that year, and

(b) O + P is less than Q 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;

“Q” is the average weekly rent for a dwelling for the authority for the relevant year.

(2) For the purposes of determining Q in sub-paragraph (1)(b), 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, disregarding any unoccupied dwelling.

Amount of deduction E+W+S

3.— (1) The amount of the deduction from subsidy referred to in article 20A(2) is to be calculated as follows—

• Step 1

  Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the HRA by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.

• Step 2

  If the result of Step 1—

  (a)

  does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—

  (i)

  deduct (O + P) from Q (see paragraph 2);

  (ii)

  divide the result of paragraph (a)(i) by Q;

  (iii)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (a)(ii));

  (b)

  exceeds the rebate proportion for the relevant year—

  (i)

  deduct (O + P) from Q (see paragraph 2);

  (ii)

  divide the result of paragraph (b)(i) by Q;

  (iii)

  divide the rebate proportion (see sub-paragraph (2)) by the result of Step 1;

  (iv)

  multiply the result of paragraph (b)(ii) by the result of paragraph (b)(iii);

  (v)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b)(iv).

(2) The rebate proportion for the purposes of sub-paragraph (1) for the relevant year beginning with 1st April 2023 is 0.44.

Amounts for the purposes of paragraph 2 E+W+S

4.   The amounts for the relevant year beginning with 1st April 2023 for the purposes of paragraph 2 are as follows—

Local authority	(1) Specified amount “O”(£)	(2) Guideline rent increase “P” (£)
Caerphilly County Borough Council	104.56	8.10
Cardiff City Council	117.78	9.23
Carmarthenshire County Council	103.72	8.12
Denbighshire County Council	104.47	8.31
Flintshire County Council	109.56	8.50
Isle of Anglesey County Council	105.09	8.34
Pembrokeshire County Council	107.02	7.87
Powys County Council	107.42	8.28
Swansea City Council	104.77	8.42
Vale of Glamorgan Council	117.24	8.79
Wrexham County Borough Council	>107.82	8.41]