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The Income-related Benefits (Subsidy to Authorities) Order 1998
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- 1998 No. 562
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Changes over time for: The Income-related Benefits (Subsidy to Authorities) Order 1998 (Schedules only)
Version Superseded: 28/01/2014
Status:
Point in time view as at 18/03/2013.
Changes to legislation:
There are currently no known outstanding effects for the The Income-related Benefits (Subsidy to Authorities) Order 1998.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Articles 12(1)(b) and 17(1) and (8)
[F1SCHEDULE 1E+W+SSums to be used in the calculation of subsidy
Textual Amendments
F1Sch. 1 substituted (18.3.2013, with effect in accordance with art. 1(2) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (S.I. 2013/266), arts. 1(1), 2, Schs. 1
| (1) | (2) | ||
|---|---|---|---|
| Authority | Administration Subsidy | ||
| (£) | |||
| England | |||
| Adur | £439,175.50 | ||
| Allerdale | £751,146.02 | ||
| Amber Valley | £892,766.68 | ||
| Arun | £1,201,913.94 | ||
| Ashfield | £1,016,410.52 | ||
| Ashford | £804,575.52 | ||
| Aylesbury Vale | £1,008,832.25 | ||
| Babergh | £505,646.06 | ||
| Barking & Dagenham | £2,355,347.04 | ||
| Barnet | £3,001,735.86 | ||
| Barnsley | £2,188,310.38 | ||
| Barrow in Furness | £691,519.48 | ||
| Basildon | £1,630,548.61 | ||
| Basingstoke and Deane | £1,032,094.87 | ||
| Bassetlaw | £915,190.15 | ||
| Bath & North East Somerset | £1,203,574.41 | ||
| Bedford | £1,417,478.67 | ||
| Bexley | £1,684,870.10 | ||
| Birmingham | £12,529,420.47 | ||
| Blaby | £442,256.03 | ||
| Blackburn with Darwen | £1,580,179.59 | ||
| Blackpool | £1,980,061.53 | ||
| Bolsover | £659,576.65 | ||
| Bolton | £2,640,389.61 | ||
| Boston | £527,920.72 | ||
| Bournemouth | £1,922,412.37 | ||
| Bracknell Forest | £705,031.55 | ||
| Bradford | £5,382,793.05 | ||
| Braintree | £1,115,765.43 | ||
| Breckland | £953,887.10 | ||
| Brent | £4,074,950.67 | ||
| Brentwood | £397,071.28 | ||
| Brighton and Hove | £3,295,111.16 | ||
| Bristol | £4,879,289.22 | ||
| Broadland | £630,339.37 | ||
| Bromley | £2,084,035.16 | ||
| Bromsgrove | £442,506.64 | ||
| Broxbourne | £809,785.94 | ||
| Broxtowe | £704,613.55 | ||
| Burnley | £1,070,278.37 | ||
| Bury | £1,622,266.28 | ||
| Calderdale | £1,913,633.15 | ||
| Cambridge | £1,298,088.99 | ||
| Camden | £3,105,581.57 | ||
| Cannock Chase | £775,543.13 | ||
| Canterbury | £1,005,040.77 | ||
| Carlisle | £778,221.38 | ||
| Castle Point | £630,701.66 | ||
| Central Bedfordshire | £1,535,915.06 | ||
| Charnwood | £931,146.98 | ||
| Chelmsford | £1,006,005.91 | ||
| Cheltenham | £844,593.33 | ||
| Cherwell | £954,476.23 | ||
| Cheshire East | £2,236,014.16 | ||
| Cheshire West and Chester | £2,324,239.13 | ||
| Chesterfield | £977,029.14 | ||
| Chichester | £737,102.61 | ||
| Chiltern | £461,508.69 | ||
| Chorley | £686,300.19 | ||
| Christchurch | £349,569.87 | ||
| City of London | £164,555.38 | ||
| Colchester | £1,164,381.78 | ||
| Copeland | £579,792.08 | ||
| Corby | £600,137.08 | ||
| Cornwall | £4,473,120.15 | ||
| Cotswold | £504,098.71 | ||
| Coventry | £3,353,818.17 | ||
| Craven | £307,109.21 | ||
| Crawley | £967,777.27 | ||
| Croydon | £3,712,006.19 | ||
| Dacorum | £1,015,970.63 | ||
| Darlington | £1,028,851.89 | ||
| Dartford | £656,534.54 | ||
| Daventry | £425,671.99 | ||
| Derby | £2,129,915.22 | ||
| Derbyshire Dales | £342,722.28 | ||
| Doncaster | £2,952,010.89 | ||
| Dover | £940,977.91 | ||
| Dudley | £2,692,228.01 | ||
| Durham | £5,428,925.79 | ||
| Ealing | £3,657,894.90 | ||
| East Cambridgeshire | £492,254.00 | ||
| East Devon | £804,594.07 | ||
| East Dorset | £465,397.79 | ||
| East Hampshire | £628,683.01 | ||
| East Hertfordshire | £733,973.34 | ||
| East Lindsey | £1,308,364.47 | ||
| East Northamptonshire | £537,396.56 | ||
| East Riding of Yorkshire | £2,323,146.88 | ||
| East Staffordshire | £865,897.72 | ||
| Eastbourne | £1,069,329.03 | ||
| Eastleigh | £660,291.69 | ||
| Eden | £273,973.65 | ||
| Elmbridge | £670,510.94 | ||
| Enfield | £3,498,604.58 | ||
| Epping Forest | £769,792.23 | ||
| Epsom and Ewell | £376,995.22 | ||
| Erewash | £905,688.19 | ||
| Exeter | £886,314.82 | ||
| Fareham | £525,962.19 | ||
| Fenland | £886,675.47 | ||
| Forest Heath | £416,088.09 | ||
| Forest of Dean | £601,449.12 | ||
| Fylde | £461,814.90 | ||
| Gateshead | £2,032,064.46 | ||
| Gedling | £858,986.30 | ||
| Gloucester | £1,140,529.18 | ||
| Gosport | £728,722.05 | ||
| Gravesham | £824,059.98 | ||
| Great Yarmouth | £1,116,669.65 | ||
| Greenwich | £3,159,902.57 | ||
| Guildford | £813,925.70 | ||
| Hackney | £4,429,331.97 | ||
| Halton | £1,363,930.97 | ||
| Hambleton | £480,336.70 | ||
| Hammersmith and Fulham | £2,316,191.15 | ||
| Harborough | £351,876.17 | ||
| Haringey | £4,092,750.19 | ||
| Harlow | £857,179.16 | ||
| Harrogate | £880,477.78 | ||
| Harrow | £2,195,376.04 | ||
| Hart | £325,889.76 | ||
| Hartlepool | £1,256,393.58 | ||
| Hastings | £1,304,402.38 | ||
| Havant | £974,554.30 | ||
| Havering | £1,688,532.30 | ||
| Herefordshire | £1,243,555.03 | ||
| Hertsmere | £771,720.75 | ||
| High Peak | £662,909.04 | ||
| Hillingdon | £2,445,650.95 | ||
| Hinckley and Bosworth | £597,473.07 | ||
| Horsham | £599,751.24 | ||
| Hounslow | £2,451,201.02 | ||
| Huntingdonshire | £1,009,618.19 | ||
| Hyndburn | £895,045.08 | ||
| Ipswich | £1,162,964.26 | ||
| Isle of Wight | £1,470,858.58 | ||
| Isles of Scilly | £6,263.81 | ||
| Islington | £3,667,964.39 | ||
| Kensington and Chelsea | £2,116,974.05 | ||
| Kettering | £652,870.75 | ||
| King’s Lynn & West Norfolk | £1,186,115.39 | ||
| Kingston upon Hull | £3,338,525.26 | ||
| Kingston upon Thames | £1,131,117.97 | ||
| Kirklees | £4,329,219.23 | ||
| Knowsley | £2,037,850.92 | ||
| Lambeth | £4,760,248.36 | ||
| Lancaster | £1,075,951.54 | ||
| Leeds | £6,795,005.96 | ||
| Leicester | £3,504,338.12 | ||
| Lewes | £683,366.10 | ||
| Lewisham | £4,437,401.08 | ||
| Lichfield | £581,267.67 | ||
| Lincoln | £893,900.98 | ||
| Liverpool | £7,590,852.30 | ||
| Luton | £1,779,194.94 | ||
| Maidstone | £953,916.61 | ||
| Maldon | £386,514.38 | ||
| Malvern Hills | £438,085.65 | ||
| Manchester | £6,332,090.29 | ||
| Mansfield | £1,000,396.88 | ||
| Medway | £2,321,007.19 | ||
| Melton | £262,232.76 | ||
| Mendip | £778,726.42 | ||
| Merton | £1,623,277.97 | ||
| Mid Devon | £494,048.61 | ||
| Mid Suffolk | £476,351.50 | ||
| Mid Sussex | £624,162.49 | ||
| Middlesbrough | £1,914,613.49 | ||
| Milton Keynes | £2,170,751.61 | ||
| Mole Valley | £422,294.94 | ||
| New Forest | £1,007,286.36 | ||
| Newark and Sherwood | £755,927.42 | ||
| Newcastle under Lyme | £901,963.85 | ||
| Newcastle upon Tyne | £2,968,354.70 | ||
| Newham | £4,106,485.02 | ||
| North Devon | £797,132.46 | ||
| North Dorset | £384,224.58 | ||
| North East Derbyshire | £639,136.22 | ||
| North East Lincolnshire | £1,849,757.08 | ||
| North Hertfordshire | £910,987.34 | ||
| North Kesteven | £586,347.97 | ||
| North Lincolnshire | £1,484,746.54 | ||
| North Norfolk | £786,652.71 | ||
| North Somerset | £1,774,558.28 | ||
| North Tyneside | £1,883,644.51 | ||
| North Warwickshire | £421,933.09 | ||
| North West Leicestershire | £603,862.98 | ||
| Northampton | £1,854,518.92 | ||
| Northumberland | £2,577,285.03 | ||
| Norwich | £1,539,947.62 | ||
| Nottingham | £3,562,667.09 | ||
| Nuneaton and Bedworth | £1,026,656.67 | ||
| Oadby and Wigston | £289,440.80 | ||
| Oldham | £2,123,887.25 | ||
| Oxford | £1,051,935.88 | ||
| Pendle | £990,255.52 | ||
| Peterborough | £1,874,398.54 | ||
| Plymouth | £2,459,655.14 | ||
| Poole | £1,033,963.64 | ||
| Portsmouth | £2,277,522.21 | ||
| Preston | £1,216,325.82 | ||
| Purbeck | £296,209.77 | ||
| Reading | £1,397,519.37 | ||
| Redbridge | £2,000,022.51 | ||
| Redcar and Cleveland | £1,538,180.18 | ||
| Redditch | £691,373.76 | ||
| Reigate and Banstead | £804,962.55 | ||
| Ribble Valley | £247,765.94 | ||
| Richmond upon Thames | £1,239,890.09 | ||
| Richmondshire | £256,801.15 | ||
| Rochdale | £2,125,482.98 | ||
| Rochford | £447,841.73 | ||
| Rossendale | £617,253.13 | ||
| Rother | £703,899.60 | ||
| Rotherham | £2,390,711.81 | ||
| Rugby | £703,312.84 | ||
| Runnymede | £507,236.55 | ||
| Rushcliffe | £484,045.45 | ||
| Rushmoor | £680,300.34 | ||
| Rutland | £177,805.74 | ||
| Ryedale | £315,394.82 | ||
| Salford | £2,923,858.31 | ||
| Sandwell | £3,724,492.73 | ||
| Scarborough | £1,217,175.49 | ||
| Sedgemoor | £870,814.59 | ||
| Sefton | £2,632,464.16 | ||
| Selby | £459,047.40 | ||
| Sevenoaks | £640,996.24 | ||
| Sheffield | £4,642,992.72 | ||
| Shepway | £982,544.92 | ||
| Shropshire | £2,072,151.93 | ||
| Slough | £1,364,404.38 | ||
| Solihull | £1,428,592.37 | ||
| South Bucks | £312,522.07 | ||
| South Cambridgeshire | £605,985.64 | ||
| South Derbyshire | £492,357.11 | ||
| South Gloucestershire | £1,669,473.53 | ||
| South Hams | £563,550.62 | ||
| South Holland | £623,969.52 | ||
| South Kesteven | £857,258.25 | ||
| South Lakeland | £515,412.46 | ||
| South Norfolk | £729,822.00 | ||
| South Northamptonshire | £336,162.62 | ||
| South Oxfordshire | £585,031.18 | ||
| South Ribble | £666,031.17 | ||
| South Somerset | £1,156,332.54 | ||
| South Staffordshire | £603,459.18 | ||
| South Tyneside | £1,682,200.49 | ||
| Southampton | £2,281,965.47 | ||
| Southend on Sea | £1,747,499.42 | ||
| Southwark | £4,290,084.61 | ||
| Spelthorne | £588,909.97 | ||
| St Albans | £647,906.94 | ||
| St Edmundsbury | £689,382.40 | ||
| St Helens | £1,860,264.73 | ||
| Stafford | £658,745.65 | ||
| Staffordshire Moorlands | £520,914.44 | ||
| Stevenage | £723,808.18 | ||
| Stockport | £2,786,378.15 | ||
| Stockton on Tees | £1,790,560.65 | ||
| Stoke on Trent | £2,671,893.83 | ||
| Stratford on Avon | £704,088.06 | ||
| Stroud | £681,933.15 | ||
| Suffolk Coastal | £720,288.96 | ||
| Sunderland | £3,431,195.19 | ||
| Surrey Heath | £406,521.07 | ||
| Sutton | £1,566,719.21 | ||
| Swale | £1,140,234.31 | ||
| Swindon | £1,602,627.72 | ||
| Tameside | £2,320,585.53 | ||
| Tamworth | £547,168.79 | ||
| Tandridge | £409,189.18 | ||
| Taunton Deane | £801,383.33 | ||
| Teignbridge | £928,862.64 | ||
| Telford and Wrekin | £1,634,841.77 | ||
| Tendring | £1,529,287.49 | ||
| Test Valley | £660,515.79 | ||
| Tewkesbury | £500,321.80 | ||
| Thanet | £1,753,460.11 | ||
| Three Rivers | £516,400.91 | ||
| Thurrock | £1,366,427.79 | ||
| Tonbridge and Malling | £738,167.86 | ||
| Torbay | £1,714,961.48 | ||
| Torridge | £510,076.60 | ||
| Tower Hamlets | £4,711,907.05 | ||
| Trafford | £1,666,564.76 | ||
| Tunbridge Wells | £680,863.26 | ||
| Uttlesford | £343,822.88 | ||
| Vale of White Horse | £637,692.12 | ||
| Wakefield | £3,357,564.32 | ||
| Walsall | £3,282,546.89 | ||
| Waltham Forest | £2,827,805.07 | ||
| Wandsworth | £3,207,615.62 | ||
| Warrington | £1,388,801.37 | ||
| Warwick | £814,405.49 | ||
| Watford | £724,442.24 | ||
| Waveney | £1,096,585.59 | ||
| Waverley | £616,879.38 | ||
| Wealden | £748,329.80 | ||
| Wellingborough | £662,368.74 | ||
| Welwyn Hatfield | £781,505.49 | ||
| West Berkshire | £943,103.94 | ||
| West Devon | £346,423.97 | ||
| West Dorset | £629,299.65 | ||
| West Lancashire | £812,383.68 | ||
| West Lindsey | £665,622.09 | ||
| West Oxfordshire | £560,657.96 | ||
| West Somerset | £332,122.02 | ||
| Westminster | £2,855,482.49 | ||
| Weymouth and Portland | £634,507.00 | ||
| Wigan | £2,816,366.83 | ||
| Wiltshire | £2,788,201.96 | ||
| Winchester | £546,160.18 | ||
| Windsor and Maidenhead | £776,569.21 | ||
| Wirral | £3,302,311.01 | ||
| Woking | £555,457.56 | ||
| Wokingham | £557,311.00 | ||
| Wolverhampton | £3,051,234.75 | ||
| Worcester | £783,975.42 | ||
| Worthing | £842,190.12 | ||
| Wychavon | £678,467.30 | ||
| Wycombe | £1,015,958.50 | ||
| Wyre | £933,378.41 | ||
| Wyre Forest | £880,864.89 | ||
| York | £1,234,325.63 | ||
| Aberdeen | £1,524,694.94 | ||
| Aberdeenshire | £1,344,203.92 | ||
| Angus | £884,650.31 | ||
| Argyll and Bute | £764,872.62 | ||
| Clackmannanshire | £483,002.78 | ||
| Comhairle nan Eilean Siar | £270,206.29 | ||
| Dumfries and Galloway | £1,460,504.54 | ||
| Dundee | £1,867,283.78 | ||
| East Ayrshire | £1,293,846.82 | ||
| East Dunbartonshire | £571,698.16 | ||
| East Lothian | £716,575.32 | ||
| East Renfrewshire | £431,704.59 | ||
| Edinburgh | £4,453,072.47 | ||
| Falkirk | £1,342,814.58 | ||
| Fife | £3,193,296.88 | ||
| Glasgow | £9,585,687.05 | ||
| Highland | £1,778,446.70 | ||
| Inverclyde | £1,055,459.99 | ||
| Midlothian | £667,807.16 | ||
| Moray | £591,720.03 | ||
| North Ayrshire | £1,592,816.54 | ||
| North Lanarkshire | £3,445,963.35 | ||
| Orkney | £136,137.92 | ||
| Perth and Kinross | £1,034,408.96 | ||
| Renfrewshire | £1,877,401.44 | ||
| Scottish Borders | £972,606.66 | ||
| Shetland | £133,256.58 | ||
| South Ayrshire | £1,062,888.90 | ||
| South Lanarkshire | £2,911,998.84 | ||
| Stirling | £561,598.09 | ||
| West Dunbartonshire | £1,253,950.05 | ||
| West Lothian | £1,510,231.78 | ||
| Blaenau Gwent | £772,963.84 | ||
| Bridgend | £1,284,743.62 | ||
| Caerphilly | £1,568,650.88 | ||
| Cardiff | £3,418,957.64 | ||
| Carmarthenshire | £1,477,106.13 | ||
| Ceredigion | £520,368.11 | ||
| Conwy | £992,935.46 | ||
| Denbighshire | £829,470.94 | ||
| Flintshire | £1,050,100.68 | ||
| Gwynedd | £947,502.90 | ||
| Isle of Anglesey | £554,122.43 | ||
| Merthyr Tydfil | £621,210.49 | ||
| Monmouthshire | £565,678.82 | ||
| Neath Port Talbot | £1,353,782.74 | ||
| Newport | £1,334,769.13 | ||
| Pembrokeshire | £931,116.66 | ||
| Powys | £878,164.99 | ||
| Rhondda Cynon Taf | £2,267,359.49 | ||
| Swansea | £2,146,289.83 | ||
| Torfaen | £955,703.72 | ||
| Vale of Glamorgan | £931,125.86 | ||
| Wrexham | £967,337.87] | ||
Article 12(b)
F2SCHEDULE 2E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2 Sch. 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 2006 (S.I. 2006/54) , arts. 1(1) , 4(2)
Article 13(3)
F3SCHEDULE 3E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F3 Sch. 3 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 2006 (S.I. 2006/54) , arts. 1(1) , 4(3)
Articles 13(1) and 16
SCHEDULE 4E+W+S HIGH RENTS AND RENT ALLOWANCES
F4PART IE+W+S REGULATED TENANCIES
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F4 Sch. 4 Pt. I 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 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(a)
PART IIE+W+S RENT OFFICERS’ DETERMINATIONS
Calculation of the appropriate amountE+W+S
2. The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with [F5paragraph 6, 7, 8 or 9] as appropriate.
Textual Amendments
F5 Words in Sch. 4 para. 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) , 5(2)
Rent officers’ determinationsE+W+S
3. Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.
4. This Part also applies in a case where the dwelling A is in a hostel and, by virtue of [F6regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations] (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.E+W+S
Textual Amendments
F6 Words in Sch. 4 para. 4 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(a) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
5. This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of [F7paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations] (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.E+W+S
Textual Amendments
F7 Words in Sch. 4 para. 5 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(b) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
[F86. Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F9regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) to apply for a determination in relation to a dwelling, but the appropriate amount shall be nil if the authority fails to apply for that determination—E+W+S
(a) during the relevant year; or
(b) as soon as possible thereafter but before the date of the due date for the submission of the final subsidy claim for the relevant year.]
Textual Amendments
F8 Sch. 4 para. 6 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(4)(b)
F9 Words in Sch. 4 para. 6 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(c) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
[F10 Rent officers' property-specific rent and claim-related rentE+W+S
7. Where the rent officer either—
(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or
(b)determines a claim-related rent and the amount of eligible rent does not exceed the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit [F11under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges)], less ineligible amounts,
the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be [F12100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]
Textual Amendments
F10 Sch. 4 para. 7 substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(2)
F11 Words in Sch. 4 para. 7(b) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(d) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F12 Words in Sch. 4 para. 7 substituted (with effect in accordance with art. 1(2) 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(2)(a)
8.—[F13(1) Where the rent officer either—E+W+S
(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or
(b)determines a claim-related rent and the amount of eligible rent exceeds the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit [F14under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges)], less ineligible amounts,
then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.]
(2) Where the allowance granted is the same as or is less than the excess—
(a)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(b)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.
(3) Where the allowance granted is greater than the excess the appropriate amount shall be
(a)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(b)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
together with [F15100 per cent]. of the qualifying expenditure which remains after deducting the excess.
Textual Amendments
F13 Sch. 4 para. 8(1) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(3)
F14 Words in Sch. 4 para. 8(1)(b) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(d) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F15 Words in Sch. 4 para. 8(3) substituted (with effect in accordance with art. 1(2) 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(2)(a)
Rent officers’ property-specific and size-related rentsE+W+S
9.—(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.
(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be [F16100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.
(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be [F16100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.
(4) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—
(a)where the allowance is the same as or is less than the excess—
(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b)where the allowance granted is greater than the excess the appropriate amount shall be—
(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case [F16100 per cent]. of the qualifying expenditure which remains after deducting the excess.
(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—
(a)where the allowance is the same as or is less than the excess—
(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b)where the allowance granted is greater than the excess the appropriate amount shall be—
(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case [F16100 per cent]. of the qualifying expenditure which remains after deducting the excess.
[F17(6) This paragraph does not apply where a rent officer determines a claim-related rent.]
Textual Amendments
F16 Words in Sch. 4 para. 9(2)-(5) substituted (with effect in accordance with art. 1(2) 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(2)(a)
F17 Sch. 4 para. 9(6) added (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(4)
Restriction on unreasonable rents or on rent increasesE+W+S
10. This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A) M1, (4), as in force on 1st January 1996, or 12(2) M2 of the [F18Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3, as in force on 5th October 1997.
Textual Amendments
F18 Words in Sch. 4 para. 10 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(e) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
Marginal Citations
M1 Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566 .
M2 Paragraph (2) was added by regulation 3(b) of S.I. 1989/566 .
M3 Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852 , but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852 .
Payments on account of rent allowanceE+W+S
F1911. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F19 Sch. 4 para. 11 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) , 5(3)
Relevant dateE+W+S
12. For the purposes of this Part—
(a)in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;
(b)in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;
(c)in a case where, during the relevant year—
(i)there has been a change relating to a rent allowance within the meaning of [F20regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations]; and
(ii)by virtue of [F21regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,
the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of [F22regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations] (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;
(d)in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—
(i)if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;
(iii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;
[F23(e)in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is—
(i)if the designated rent determination under the re-determination, substitute determination or substitute re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii)if the designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.]
Textual Amendments
F20 Words in Sch. 4 para. 12(c)(i) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(g)(i) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F21 Words in Sch. 4 para. 12(c)(ii) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(g)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F22 Words in Sch. 4 para. 12(c) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(g)(iii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F23 Sch. 4 para. 12(e) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(5)
Termination dateE+W+S
13. For the purposes of this Part “termination date" means—
(a)31st March in the relevant year; or
(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or
(c)the date on which the allowance ceases to be paid in respect of the tenancy,
whichever is the earlier date in the relevant year.
PART IIIE+W+S RECKONABLE RENT CASES
F2414. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F24 Sch. 4 para. 14 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 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(c)
15. In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in [F25regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F26100 per cent]. of the eligible rent less ineligible amounts.E+W+S
Textual Amendments
F25 Words in Sch. 4 para. 15 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(h) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F26 Words in Sch. 4 para. 15 substituted (with effect in accordance with art. 1(2) 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(2)(b)
PART IVE+W+S GENERAL AND INTERPRETATION
ApportionmentE+W+S
16. For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under [F27regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations] (rent).
Textual Amendments
F27 Words in Sch. 4 para. 16 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(i) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
InterpretationE+W+S
17.—(1) In this Schedule, unless the context otherwise requires—
“appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under [F28paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (meal F29... charges);
[F30“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;]
“designated rent" means—
(a)in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;
(b)in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;
(c)[F31in a case where a rent officer has determined a claim-related rent, that rent;]
[F32“ineligible amounts” means—
(a)in a case where the rent officer has determined a claim-related rent—
(i)any amount in respect of amounts ineligible to be met by housing benefit under [F33paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);
(ii)[F34where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—
(aa)paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or
(bb)paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;]
(b)in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—
(i)any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met [F35under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (payments in respect of fuel charges);
(ii)any amount in respect of amounts ineligible to be met by housing benefit under [F36paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);
(iii)where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under [F37paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs].]
“property-specific rent", except as provided in the definition of “property-specific rent less ineligible amounts" below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;
“property-specific rent less ineligible amounts" has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under [F38paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (ineligible service charges for food and fuel), as the case may be (“ineligible payments"), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;
“size-related rent" means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,
and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule [F39and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations] shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.
(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.
(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—
(a)the terms of the tenancy of a dwelling; or
(b)the size or composition of the household occupying that dwelling,
which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.
Textual Amendments
F28 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(j)(i) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F29 Words in Sch. 4 para. 17 omitted (25.7.2001) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(a)
F30 Words in Sch. 4 para. 17 inserted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(b)
F31 Words in Sch. 4 para. 17 added (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(c)
F32 Words in Sch. 4 para. 17 substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(d)
F33 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(aa) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F34 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(bb) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F35 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(cc) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F36 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(dd) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F37 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(ee) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F38 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(j)(iii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F39 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(j)(iv) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
[F40PART VE+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES
Textual Amendments
F40 Sch. 4 Pt. V substituted (2.1.2004, 2.1.2004 with effect in accordance with art. 1(2)) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 (S.I. 2003/3179) , arts. 1(1) , 11 , Schs. 2
18. The Table referred to in paragraph 1 is—E+W+S
| (1) | (2) |
|---|---|
| Threshold (weekly sum) | Rent Registration Area |
| (£) | |
| ENGLAND | |
| Avon | 169.06 |
| Barking & Dagenham | 173.53 |
| Barnet | 228.90 |
| Bedfordshire | 93.92 |
| Berkshire | 176.00 |
| Bexley | 183.83 |
| Brent | 201.33 |
| Bromley | 206.83 |
| Buckinghamshire | 214.25 |
| Cambridgeshire | 96.04 |
| Camden | 258.22 |
| Cheshire | 192.69 |
| City | 257.93 |
| Cleveland | 123.96 |
| Cornwall | 152.47 |
| Croydon | 210.30 |
| Cumbria | 148.07 |
| Derbyshire | 109.04 |
| Devon | 159.42 |
| Dorset | 161.43 |
| Durham | 120.78 |
| Ealing | 201.31 |
| East Sussex | 243.14 |
| Enfield | 171.21 |
| Essex | 112.27 |
| Gloucestershire | 150.23 |
| Greater Manchester | 166.32 |
| Greenwich | 184.28 |
| Hackney | 168.29 |
| Hammersmith and Fulham | 198.12 |
| Hampshire | 229.91 |
| Haringey | 190.26 |
| Harrow | 212.68 |
| Havering | 172.24 |
| Hereford and Worcester | 171.24 |
| Hertfordshire | 123.15 |
| Hillingdon | 182.32 |
| Hounslow | 204.37 |
| Humberside | 100.85 |
| Isle of Wight | 196.27 |
| Islington | 196.67 |
| Kensington and Chelsea | 246.89 |
| Kent | 236.29 |
| Kingston upon Thames | 252.06 |
| Lambeth | 162.14 |
| Lancashire | 167.71 |
| Leicestershire | 124.72 |
| Lewisham | 150.72 |
| Lincolnshire | 114.45 |
| Merseyside | 183.43 |
| Merton | 223.17 |
| Newham | 163.27 |
| Norfolk | 85.12 |
| North Yorkshire | 120.36 |
| Northamptonshire | 134.38 |
| Northumberland | 118.67 |
| Nottinghamshire | 132.56 |
| Oxfordshire | 259.00 |
| Redbridge | 164.61 |
| Richmond upon Thames | 252.06 |
| Shropshire | 163.64 |
| Somerset | 151.91 |
| South Yorkshire | 90.46 |
| Southwark | 174.93 |
| Staffordshire | 153.70 |
| Suffolk | 87.52 |
| Surrey | 285.52 |
| Sutton | 191.01 |
| Tower Hamlets | 181.82 |
| Tyne & Wear | 113.32 |
| Waltham Forest | 140.88 |
| Wandsworth | 221.47 |
| Warwickshire | 164.56 |
| West Midlands | 161.13 |
| West Sussex | 249.11 |
| West Yorkshire | 100.63 |
| Westminster | 257.93 |
| Wiltshire | 156.85 |
| WALES | |
| Clwyd | 87.91 |
| Dyfed | 77.40 |
| Gwent | 85.12 |
| Gwynedd | 78.89 |
| Mid Glamorgan | 90.05 |
| Powys | 86.11 |
| South Glamorgan | 100.64 |
| West Glamorgan | 86.67 |
| SCOTLAND | |
| Aberdeen | 116.83 |
| Aberdeenshire | 126.66 |
| Angus | 116.83 |
| Argyll-Bute | 107.61 |
| Clackmannanshire | 150.40 |
| Comhairlie Nan Eilean Siar | 172.53 |
| Dumfries & Galloway | 125.40 |
| Dundee | 116.83 |
| East Ayrshire | 103.93 |
| East Dunbartonshire | 133.48 |
| East Lothian | 132.78 |
| East Renfrewshire | 180.26 |
| Edinburgh,City of | 132.78 |
| Falkirk | 117.91 |
| Fife | 116.83 |
| Glasgow | 103.93 |
| Highland | 114.79 |
| Inverclyde | 103.93 |
| Midlothian | 132.78 |
| Moray | 116.83 |
| North Ayrshire | 103.93 |
| North Lanarkshire | 103.93 |
| Orkney | 116.83 |
| Perth & Kinross | 124.08 |
| Renfrewshire | 103.93 |
| Scottish Borders | 132.78 |
| Shetland | 116.83 |
| South Ayrshire | 119.53 |
| South Lanarkshire | 103.93 |
| Stirling | 121.19 |
| West Dunbartonshire | 103.93 |
| West Lothian | 132.78] |
Article 20A
[F41SCHEDULE 4AE+W+SRENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)
Textual Amendments
F41 Sch. 4A inserted (1.4.2004) by Income-related Benefits (Subsidiary to Authorities) Amendment Order 2004 (S.I. 2004/646) , art. 1(1), Sch. 1 para. 7
PART 1E+W+SINTERPRETATION
1. In this Schedule—E+W+S
[F42“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;]
[F43“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)
[F44an 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),
[F45“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 [F46regulation 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 [F47regulation 12(1)(e)],
F48...
F49 ...
“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
F42 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)
F43 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)
F44 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)
F45 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)
F46 Words in Sch. 4A para. 1 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(11)(a) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F47 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
F48 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)
F49 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
[F50(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).]
[F51(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. ]
F52( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) For the purposes of [F53sub-paragraph (3)], void dwellings [F54and dwellings which are Affordable Rent dwellings] are disregarded.
F55( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F56(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F57(8) For the purposes of calculating the total number of weeks for which rent is charged in [F58sub-paragraph (3)] rent free periods shall be included.]
Textual Amendments
F50 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)
F51 Sch. 4A para. 2(3) substituted (1.4.2006) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2006 (S.I. 2006/559) , art. 1(1) , Sch. 1 para. 2(a)
F52 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)
F53 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)
F54 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)
F55 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)
F56 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)
F57 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)
F58 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
Step 1
Divide the amount of rebates paid by the authority in the relevant year in respect of dwellings in the by the income of the authority for that year from rent and service charges (including rent and charges remitted by way of rebate) in respect of such dwellings.
Step 2
If the result of step 1 does not exceed the rebate proportion in England for the relevant year (see sub-paragraph (3))—
(a)divide the weekly rent limit for a dwelling for the authority for the relevant year as specified in Part 3 of this Schedule by the subsidy limitation rent (see paragraph 2(2)),
(b)subtract the result of paragraph (a) from the number 1, and
(c)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).
If the result of step 1 exceeds the rebate proportion in England for the relevant year—
(i)multiply the amount by which the subsidy limitation rent exceeds the weekly rent limit for a dwelling for the authority for the relevant year as specified in Part 3 of this Schedule by the rebate proportion in England for the relevant year,
(ii)multiply the subsidy limitation rent by the result of step 1,
(iii)divide the result of paragraph (i) by the result of paragraph (ii), and
(iv)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iii).
(2) For the purposes of the calculation in sub-paragraph (1), void dwellings are to be disregarded.
[F59(3) The rebate proportion for each year commencing with 2010-11 is 0.761.]
Textual Amendments
F59Sch. 4A para. 3(3) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 6(3)
PART 3E+W+SWEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND
TABLE
[F60RELEVANT YEAR 2012-13
| Authority | Weekly rent limit |
|---|---|
| Adur | £84.29 |
| Arun | £84.72 |
| Ashfield | £62.05 |
| Ashford | £82.46 |
| Babergh | £80.99 |
| Barking & Dagenham | £87.37 |
| Barnet | £97.35 |
| Barnsley | £67.27 |
| Barrow in Furness | £69.37 |
| Basildon | £78.78 |
| Bassetlaw | £66.19 |
| Birmingham | £75.38 |
| Blackpool | £64.42 |
| Bolsover | £72.65 |
| Bournemouth | £75.44 |
| Brent | £104.73 |
| Brentwood | £86.68 |
| Brighton and Hove | £77.16 |
| Bristol | £73.75 |
| Broxtowe | £67.72 |
| Bury | £70.32 |
| Cambridge | £92.10 |
| Camden | £109.78 |
| Cannock Chase | £68.24 |
| Canterbury | £81.36 |
| Castle Point | £82.58 |
| Central Bedfordshire | £91.71 |
| Charnwood | £67.50 |
| Cheltenham | £74.61 |
| Cheshire West and Chester | £73.50 |
| Chesterfield | £71.66 |
| City of London | £99.43 |
| Colchester | £79.94 |
| Corby | £70.95 |
| Cornwall | £65.58 |
| Crawley | £92.70 |
| Croydon | £98.50 |
| Dacorum | £96.92 |
| Darlington | £64.78 |
| Dartford | £82.15 |
| Derby | £71.51 |
| Doncaster | £66.07 |
| Dover | £78.54 |
| Dudley | £75.31 |
| Durham | £63.05 |
| Ealing | £95.70 |
| East Devon | £73.71 |
| East Riding of Yorkshire | £71.03 |
| Eastbourne | £71.33 |
| Enfield | £92.46 |
| Epping Forest | £90.15 |
| Exeter | £68.58 |
| Fareham | £82.48 |
| Gateshead | £68.91 |
| Gloucester | £72.31 |
| Gosport | £77.53 |
| Gravesham | £82.18 |
| Great Yarmouth | £67.95 |
| Greenwich | £93.09 |
| Guildford | £100.88 |
| Hackney | £92.83 |
| Hammersmith and Fulham | £105.10 |
| Haringey | £97.52 |
| Harlow | £84.51 |
| Harrogate | £74.62 |
| Harrow | £102.91 |
| Havering | £87.40 |
| High Peak | £67.33 |
| Hillingdon | £101.41 |
| Hinckley and Bosworth | £71.16 |
| Hounslow | £95.04 |
| Ipswich | £74.48 |
| Islington | £105.12 |
| Kensington and Chelsea | £116.88 |
| Kettering | £73.90 |
| Kingston upon Hull | £67.98 |
| Kingston upon Thames | £103.66 |
| Kirklees | £64.44 |
| Lambeth | £98.57 |
| Lancaster | £70.30 |
| Leeds | £67.08 |
| Leicester | £66.44 |
| Lewes | £81.95 |
| Lewisham | £87.17 |
| Lincoln | £62.22 |
| Luton | £78.85 |
| Manchester | £68.46 |
| Mansfield | £66.68 |
| Medway | £75.12 |
| Melton | £69.56 |
| Mid Devon | £72.10 |
| Mid Suffolk | £75.34 |
| Milton Keynes | £77.31 |
| New Forest | £90.49 |
| Newark and Sherwood | £71.02 |
| Newcastle upon Tyne | £68.31 |
| Newham | £87.74 |
| North East Derbyshire | £72.46 |
| North Kesteven | £70.24 |
| North Tyneside | £68.62 |
| North Warwickshire | £79.25 |
| North West Leicestershire | £71.60 |
| Northampton | £75.42 |
| Northumberland | £61.61 |
| Norwich | £72.21 |
| Nottingham | £68.48 |
| Nuneaton and Bedworth | £71.07 |
| Oadby and Wigston | £71.65 |
| Oldham | £63.26 |
| Oxford | £96.52 |
| Poole | £78.16 |
| Portsmouth | £77.37 |
| Reading | £96.29 |
| Redbridge | £96.55 |
| Redditch | £71.32 |
| Richmondshire | £71.23 |
| Rochdale | £66.54 |
| Rotherham | £67.92 |
| Rugby | £78.04 |
| Runnymede | £100.06 |
| Salford | £69.40 |
| Sandwell | £75.21 |
| Sedgemoor | £72.07 |
| Selby | £71.74 |
| Sheffield | £65.15 |
| Shepway | £76.96 |
| Shropshire | £74.61 |
| Slough | £96.19 |
| Solihull | £75.12 |
| South Cambridgeshire | £95.18 |
| South Derbyshire | £72.62 |
| South Holland | £68.05 |
| South Kesteven | £71.10 |
| South Lakeland | £80.20 |
| South Tyneside | £67.45 |
| Southampton | £77.08 |
| Southend on Sea | £79.04 |
| Southwark | £97.51 |
| St Albans | £102.55 |
| Stevenage | £89.65 |
| Stockport | £67.85 |
| Stoke on Trent | £65.13 |
| Stroud | £75.89 |
| Sutton | £96.48 |
| Swindon | £75.05 |
| Tamworth | £73.65 |
| Tandridge | £88.97 |
| Taunton Deane | £74.80 |
| Tendring | £76.34 |
| Thanet | £75.17 |
| Thurrock | £78.32 |
| Tower Hamlets | £99.43 |
| Uttlesford | £90.60 |
| Waltham Forest | £92.02 |
| Wandsworth | £113.26 |
| Warwick | £84.87 |
| Waveney | £72.00 |
| Waverley | £101.41 |
| Wealden | £77.51 |
| Welwyn Hatfield | £96.54 |
| West Lancashire | £69.46 |
| Westminster | £114.13 |
| Wigan | £70.33 |
| Wiltshire | £82.12 |
| Winchester | £91.91 |
| Woking | £95.79 |
| Wokingham | £101.42 |
| Wolverhampton | £72.27 |
| York | £72.66] |
Textual Amendments
F60Sch. 4A Pt. 3 substituted (18.3.2013, 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(4), Schs. 2
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)) [F61and (5)].
Textual Amendments
F61 Words in Sch. 4A para. 4 added (1.4.2008) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2008 (S.I. 2008/695) , art. 1(1) , Sch. para. 3
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
Step 1
Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the 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 does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—
(a)deduct (O + P) from Q (see paragraph 4),
(b)divide the result of paragraph (a) by Q,
(c)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).
If the result of step 1 exceeds the rebate proportion for the relevant year—
(i)deduct (O + P) from Q (see paragraph 4),
(ii)divide the result of paragraph (i) by Q,
(iii)divide the rebate proportion for Wales (see sub-paragraph (2)) by the result of step 1,
(iv)multiply the result of paragraph (ii) by the result of paragraph (iii),
(v)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iv).
[F62(2) The rebate proportion for Wales for each relevant year commencing with 2006-07 is 0.66.]
Textual Amendments
F62 Sch. 4A para. 5(2) substituted (1.4.2006) by Income-related Benefits (Subsidy to Authorities) Amendment (No.2) Order 2006 (S.I. 2006/559) , art. 1(1) , Sch. 1 para. 5
PART 5E+W+SAMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4:AUTHORITIES IN WALES
TABLE
[F63RELEVANT YEAR 2012–13
| Authority | Specified amount “O” | Guideline rent increase |
|---|---|---|
| Caerphilly | £66.46 | £2.64 |
| Cardiff | £75.35 | £3.63 |
| Carmarthenshire | £65.22 | £3.39 |
| Denbighshire | £62.77 | £3.56 |
| Flintshire | £65.47 | £3.09 |
| Isle of Anglesey | £61.67 | £3.03 |
| Pembrokeshire | £65.52 | £3.70 |
| Powys | £67.26 | £3.33 |
| Swansea | £64.79 | £2.92 |
| Vale of Glamorgan | £72.24 | £3.68 |
| Wrexham | £64.37 | £3.52 ]] |
Textual Amendments
F63Sch. 4A Pt. 5 substituted (18.3.2013, 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(5), Schs. 3
Articles 13 and 21
SCHEDULE 5E+W+S BENEFIT SAVINGS
F64 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F64 Sch. 5 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) , 5(2)
Articles 3A
[F65SCHEDULE 6E+W+SELECTRONIC COMMUNICATIONS
Textual Amendments
F65 Sch. 6 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) , 4(4) , Schs. 2
PART 1E+W+SINTERPRETATION
InterpretationE+W+S
1 In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.
PART 2E+W+SELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS
Conditions for the use of electronic communicationsE+W+S
2.—(1) An authority or auditor must use an approved method of—
(a)electronic communication;
(b)authenticating the identity of the sender of the communication;
(c)authenticating any claim or return delivered by means of an electronic communication; and
(d)submitting to the Secretary of State any claim or return.
(2) An authority or auditor must submit any claim or return by means of an electronic communication in an approved form.
(3) Where a claim or return is submitted electronically but not in accordance with the conditions specified in this paragraph, that claim or return shall be treated as not having been submitted.
(4) In this paragraph “approved” means approved by means of a direction given by the Secretary of State.
Use of intermediariesE+W+S
3 The Secretary of State may—
(a)use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and
(b)require authorities or auditors to use intermediaries in connection with those matters.
PART 3E+W+SELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS
Effect of delivering information by means of electronic communicationE+W+S
4—(1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—
(a)by or under this Schedule; and
(b)by or under Part II of this Order
are satisfied.
(2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
(3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of identify of sender or recipient of informationE+W+S
5 For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.
Proof of delivery of informationE+W+S
6—(1) For the purpose of any legal proceedings, it shall be presumed that—
(a)if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;
(b)if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;
(c)any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.
Proof of content of informationE+W+S
7 For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system.]
Article 17A
[F66SCHEDULE 7E+W+SAuthorities in London
Textual Amendments
F66 Sch. 7 added (1.4.2010) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2009 (S.I. 2009/2580) , arts. 1 , 2(4)
Barking and Dagenham Barnet Bexley Brent Bromley Camden City of London Croydon Ealing Enfield Greenwich Hackney Hammersmith and Fulham Haringey Harrow Havering Hillingdon Hounslow Islington Kensington and Chelsea Kingston upon Thames Lambeth Lewisham Merton Newham Redbridge Richmond upon Thames Southwark Sutton Tower Hamlets Waltham Forest Wandsworth Westminster] |
Articles 17 and 17A
[F67SCHEDULE 8E+W+SBroad rental market areas in London
Textual Amendments
F67 Sch. 8 added (26.11.2010, with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481) , arts. 1(1) , 5 , Schs. 3
| Central London |
| Inner East London |
| Inner North London |
| Inner South East London |
| Inner South West London |
| Inner West London |
| Outer South West London] |
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