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

Article 12(1)(b)

[F1 SCHEDULE 1 E+W+S Sums to be used in the calculation of subsidy

Textual Amendments

F1 Sch. 1 substituted (with effect in accordance with art. 1(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 1

Relevant Year 2018-2019

Local authority	Administration subsidy (£)
England
Adur	241,286
Allerdale	367,025
Amber Valley	441,524
Arun	572,229
Ashfield	521,084
Ashford	448,559
Aylesbury Vale	556,792
Babergh	259,632
Barking and Dagenham	1,434,452
Barnet	2,142,321
Barnsley	1,147,955
Barrow-in-Furness	278,797
Basildon	821,505
Basingstoke and Deane	579,075
Bassetlaw	430,048
Bath and North East Somerset	569,600
Bedford	699,739
Bexley	930,513
Birmingham	6,445,611
Blaby	232,996
Blackburn with Darwen	698,398
Blackpool	1,024,275
Bolsover	326,528
Bolton	1,340,144
Boston	324,281
Bournemouth	969,046
Bracknell Forest	416,580
Bradford	2,415,939
Braintree	521,837
Breckland	470,064
Brent	2,585,353
Brentwood	217,454
Brighton and Hove	1,480,480
Bristol	2,202,820
Broadland	302,137
Bromley	1,127,682
Bromsgrove	226,997
Broxbourne	426,593
Broxtowe	338,259
Burnley	493,515
Bury	737,877
Calderdale	969,969
Cambridge	452,852
Camden	1,846,590
Cannock Chase	381,855
Canterbury	539,931
Carlisle	400,022
Castle Point	290,802
Central Bedfordshire	754,923
Charnwood	453,166
Chelmsford	518,188
Cheltenham	409,814
Cherwell	467,896
Cheshire East	1,038,573
Cheshire West and Chester	1,152,734
Chesterfield	526,269
Chichester	393,435
Chiltern	245,362
Chorley	347,015
Christchurch	184,498
City of London	102,103
Colchester	658,647
Copeland	290,364
Corby	367,835
Cornwall	2,246,797
Cotswold	247,009
Coventry	1,589,703
Craven	158,618
Crawley	630,525
Croydon	2,014,096
Dacorum	601,618
Darlington	548,568
Dartford	367,048
Daventry	218,235
Derby	1,127,348
Derbyshire Dales	200,631
Doncaster	1,399,228
Dover	502,787
Dudley	1,361,757
Durham	2,521,494
Ealing	2,320,745
East Cambridgeshire	265,823
East Devon	415,788
East Dorset	242,805
East Hampshire	303,206
East Hertfordshire	414,387
East Lindsey	619,390
East Northamptonshire	266,660
East Riding of Yorkshire	1,054,254
East Staffordshire	394,312
Eastbourne	541,451
Eastleigh	368,238
Eden	139,375
Elmbridge	397,511
Enfield	2,337,351
Epping Forest	421,268
Epsom and Ewell	225,723
Erewash	446,224
Exeter	498,792
Fareham	271,325
Fenland	410,638
Folkestone and Hythe	506,711
Forest Heath	230,674
Forest of Dean	299,051
Fylde	265,576
Gateshead	1,129,205
Gedling	388,755
Gloucester	563,994
Gosport	397,043
Gravesham	449,843
Great Yarmouth	509,711
Greenwich	1,944,072
Guildford	403,426
Hackney	2,920,473
Halton	647,477
Hambleton	254,946
Hammersmith and Fulham	1,405,700
Harborough	187,334
Haringey	2,218,785
Harlow	530,320
Harrogate	389,746
Harrow	1,126,307
Hart	182,529
Hartlepool	606,002
Hastings	551,080
Havant	436,174
Havering	925,511
Herefordshire	659,368
Hertsmere	412,546
High Peak	308,092
Hillingdon	1,398,403
Hinckley and Bosworth	290,884
Horsham	344,449
Hounslow	1,268,762
Huntingdonshire	483,787
Hyndburn	418,766
Ipswich	689,025
Isle of Wight	624,728
Isles of Scilly	16,287
Islington	2,075,829
Kensington and Chelsea	1,210,275
Kettering	341,300
King’s Lynn and West Norfolk	521,624
Kingston upon Hull	1,712,061
Kingston upon Thames	629,009
Kirklees	1,772,576
Knowsley	942,802
Lambeth	2,705,472
Lancaster	506,307
Leeds	3,666,947
Leicester	1,822,906
Lewes	384,316
Lewisham	2,525,646
Lichfield	269,116
Lincoln	505,839
Liverpool	3,247,128
Luton	1,009,178
Maidstone	532,655
Maldon	186,176
Malvern Hills	247,778
Manchester	3,461,613
Mansfield	482,464
Medway	1,160,454
Melton	153,129
Mendip	384,062
Merton	847,545
Mid Devon	252,780
Mid Suffolk	241,409
Mid Sussex	349,977
Middlesbrough	1,001,328
Milton Keynes	1,230,381
Mole Valley	255,266
New Forest	484,957
Newark and Sherwood	397,660
Newcastle-under-Lyme	421,043
Newcastle upon Tyne	1,647,770
Newham	2,366,052
North Devon	376,297
North Dorset	214,839
North East Derbyshire	356,082
North East Lincolnshire	806,502
North Hertfordshire	443,461
North Kesteven	294,977
North Lincolnshire	654,301
North Norfolk	364,674
North Somerset	757,933
North Tyneside	1,001,682
North Warwickshire	217,138
North West Leicestershire	286,759
Northampton	890,224
Northumberland	1,232,692
Norwich	852,687
Nottingham	1,850,660
Nuneaton and Bedworth	530,177
Oadby and Wigston	155,572
Oldham	1,185,810
Oxford	675,589
Pendle	399,300
Peterborough	953,468
Plymouth	1,341,838
Poole	541,049
Portsmouth	1,262,869
Preston	637,152
Purbeck	166,513
Reading	859,069
Redbridge	1,273,034
Redcar and Cleveland	745,949
Redditch	354,896
Reigate and Banstead	430,890
Ribble Valley	131,401
Richmond upon Thames	605,101
Richmondshire	153,131
Rochdale	1,136,092
Rochford	223,731
Rossendale	272,934
Rother	328,807
Rotherham	1,204,407
Rugby	320,286
Runnymede	261,833
Rushcliffe	244,744
Rushmoor	393,286
Rutland	102,867
Ryedale	175,962
Salford	1,507,078
Sandwell	1,736,532
Scarborough	543,575
Sedgemoor	569,977
Sefton	1,244,795
Selby	253,494
Sevenoaks	350,155
Sheffield	2,665,051
Shropshire	923,110
Slough	808,051
Solihull	779,541
South Bucks	188,579
South Cambridgeshire	354,126
South Derbyshire	266,981
South Gloucestershire	823,554
South Hams	279,898
South Holland	290,485
South Kesteven	442,964
South Lakeland	253,313
South Norfolk	358,274
South Northamptonshire	190,661
South Oxfordshire	348,379
South Ribble	327,626
South Somerset	553,836
South Staffordshire	297,953
South Tyneside	1,008,597
Southampton	1,308,252
Southend-on-Sea	954,798
Southwark	2,391,682
Spelthorne	339,318
St Albans	397,850
St Edmundsbury	377,929
St Helens	852,020
Stafford	363,037
Staffordshire Moorlands	249,134
Stevenage	436,909
Stockport	981,278
Stockton-on-Tees	919,690
Stoke-on-Trent	1,308,594
Stratford-on-Avon	360,018
Stroud	350,680
Suffolk Coastal	357,229
Sunderland	1,641,010
Surrey Heath	221,534
Sutton	728,937
Swale	622,808
Swindon	791,655
Tameside	1,126,000
Tamworth	313,423
Tandridge	255,727
Taunton Deane	408,488
Teignbridge	441,574
Telford and Wrekin	867,833
Tendring	696,203
Test Valley	344,806
Tewkesbury	261,050
Thanet	825,152
Three Rivers	310,173
Thurrock	717,138
Tonbridge and Malling	389,805
Torbay	770,020
Torridge	265,044
Tower Hamlets	2,681,602
Trafford	807,840
Tunbridge Wells	360,948
Uttlesford	198,523
Vale of White Horse	336,628
Wakefield	1,566,003
Walsall	1,488,413
Waltham Forest	1,727,233
Wandsworth	1,930,410
Warrington	719,383
Warwick	388,650
Watford	455,042
Waveney	500,853
Waverley	349,300
Wealden	386,549
Wellingborough	326,370
Welwyn Hatfield	494,340
West Berkshire	459,927
West Devon	189,210
West Dorset	336,525
West Lancashire	402,728
West Lindsey	334,172
West Oxfordshire	303,585
West Somerset	167,930
Westminster	1,774,729
Weymouth and Portland	352,242
Wigan	1,255,260
Wiltshire	1,431,952
Winchester	325,062
Windsor and Maidenhead	419,615
Wirral	1,616,451
Woking	319,625
Wokingham	281,832
Wolverhampton	1,483,403
Worcester	416,349
Worthing	410,555
Wychavon	376,185
Wycombe	525,132
Wyre	428,623
Wyre Forest	426,754
York	612,740
Wales
Blaenau Gwent	405,972
Bridgend	640,740
Caerphilly	830,958
Cardiff	1,691,949
Carmarthenshire	705,779
Ceredigion	275,609
Conwy	512,856
Denbighshire	477,674
Flintshire	557,793
Gwynedd	467,999
Isle of Anglesey	292,564
Merthyr Tydfil	333,129
Monmouthshire	288,813
Neath Port Talbot	752,019
Newport	782,084
Pembrokeshire	492,960
Powys	425,306
Rhondda Cynon Taf	1,044,196
Swansea	1,117,376
Torfaen	491,387
Vale of Glamorgan	493,496
Wrexham	638,207
Scotland
Aberdeen	863,732
Aberdeenshire	751,442
Angus	473,076
Argyll and Bute	391,393
Clackmannanshire	307,558
Comhairle nan Eilean Siar	146,400
Dumfries and Galloway	733,595
Dundee	1,045,436
East Ayrshire	665,988
East Dunbartonshire	299,193
East Lothian	371,948
East Renfrewshire	235,799
Edinburgh	2,132,817
Falkirk	695,792
Fife	1,707,621
Glasgow	4,626,765
Highland	868,562
Inverclyde	518,272
Midlothian	383,253
Moray	316,328
North Ayrshire	846,895
North Lanarkshire	1,717,206
Orkney	100,971
Perth and Kinross	524,135
Renfrewshire	954,565
Scottish Borders	526,080
Shetland	87,722
South Ayrshire	561,292
South Lanarkshire	1,435,713
Stirling	337,999
West Dunbartonshire	639,547
West Lothian	822,588.]

Article 12(1)(c)

F2 SCHEDULE 1A E+W+S Additional amount of subsidy: Activities to reduce fraud and error

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 1A omitted (26.10.2017) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2017 (S.I. 2017/900), art. 2(5), reg. 1

Article 12(1)(ba)

SCHEDULE 1ZA E+W+S Additional amount of subsidy: Right Benefit Initiative

F3   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 1ZA omitted (with effect in accordance with art. 1(4) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 3(4)

Article 12(1)(bza)

[F4 SCHEDULE 1ZB E+W+S Additional amount of subsidy: Verify Earnings and Pension Alerts Service

Textual Amendments

F4 Sch. 1ZB substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 2

Interpretation E+W+S

1.   In this Schedule—

“relevant activities” means activities carried out by authorities receiving VEP alerts to administer those alerts;

“VEP alerts” means alerts given by the Secretary of State enabling authorities to identify changes in earnings and pensions so as to help prevent fraud and error relating to housing benefit.

Additional amount: relevant year beginning with 1st April 2019 E+W+S

2.   The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2019 is the amount specified for that authority in the Housing Benefit Circular HB S10/2019 published by the Department for Work and Pensions on 3rd May 2019.

Use of amount paid under paragraph 2 E+W+S

3.   An authority must use the additional amount received under paragraph 2 in connection with relevant activities.]

Article 12(b)

F5 SCHEDULE 2 E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F5 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)

F6 SCHEDULE 3 E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 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 4 E+W+S HIGH RENTS AND RENT ALLOWANCES

F7 PART I E+W+S REGULATED TENANCIES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 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 II E+W+S RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amount E+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 [F8 paragraph 6, 7, 8 or 9] as appropriate.

Textual Amendments

F8 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’ determinations E+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 [F9 regulation 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

F9 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 [F10 paragraph 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

F10 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 )

[F11 6.   Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F12 regulation 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

F11 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)

F12 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 )

[F13 Rent officers' property-specific rent and claim-related rent E+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 [F14 under 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 [F15 100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

Textual Amendments

F13 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)

F14 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 )

F15 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.— [F16 (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 [F17 under 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 [F18 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

Textual Amendments

F16 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)

F17 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 )

F18 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 rents E+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 [F19 100 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 [F19 100 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 [F19 100 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 [F19 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

[F20 (6) This paragraph does not apply where a rent officer determines a claim-related rent.]

Textual Amendments

F19 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)

F20 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 increases E+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 [F21 Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3 , as in force on 5th October 1997.

Textual Amendments

F21 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 allowance E+W+S

F22 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F22 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 date E+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 [F23 regulation 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 [F24 regulation 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 [F25 regulation 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;

[F26 (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

F23 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 )

F24 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 )

F25 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 )

F26 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 date E+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 III E+W+S RECKONABLE RENT CASES

F27 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F27 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 [F28 regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F29 100 per cent]. of the eligible rent less ineligible amounts. E+W+S

Textual Amendments

F28 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 )

F29 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 IV E+W+S GENERAL AND INTERPRETATION

Apportionment E+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 [F30 regulation 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

F30 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 )

Interpretation E+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 [F31 paragraph 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 F32 ... charges);

• [F33 “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)

  [F34 in a case where a rent officer has determined a claim-related rent, that rent;]

• [F35 “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 [F36 paragraph 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)

  [F37 where 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 [F38 under 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 [F39 paragraph 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 [F40 paragraph 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 [F41 paragraph 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 [F42 and (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

F31 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 )

F32 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)

F33 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)

F34 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)

F35 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)

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)(aa) 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)(bb) 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)(cc) Sch. 2 para. 13(10)(j)(ii) (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)(dd) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )

F40 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 )

F41 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 )

F42 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 )

[F43 PART V E+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

Textual Amendments

F43 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

[F44 SCHEDULE 4A E+W+S RENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

Textual Amendments

F44 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 1 E+W+S INTERPRETATION

1.   In this Schedule— E+W+S

[F45 “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;]

[F46 “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)

[F47 an 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),

[F48 “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 [F49 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 [F50 regulation 12(1)(e)],

F51 ...

F52 ...

“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

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)(a)

F46 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)

F47 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)

F48 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)

F49 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 )

F50 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

F51 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)

F52 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 2 E+W+S ENGLAND

Liability to deduction E+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

[F53 (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).]

[F54 (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. ]

F55 ( 4 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) For the purposes of [F56 sub-paragraph (3)], void dwellings [F57 and dwellings which are Affordable Rent dwellings] are disregarded.

F58 ( 6 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F59 ( 7 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F60 (8) For the purposes of calculating the total number of weeks for which rent is charged in [F61 sub-paragraph (3)] rent free periods shall be included.]

Textual Amendments

F53 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)

F54 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)

F55 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)

F56 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)

F57 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)

F58 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)

F59 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)

F60 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)

F61 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 deduction E+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.

[F62 (3) The rebate proportion for 2019-20 is 0.726.]

Textual Amendments

F62 Sch. 4A Pt. 2 para. 3(3) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), arts. 1(1), 4(2)

[F63 PART 3 E+W+S WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

Textual Amendments

F63 Sch. 4A Pt. 3 substituted (26.10.2017) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2017 (S.I. 2017/900), art. 3(3), reg. 1

[F64 Relevant Year 2019-2020

Authority	Weekly rent limit (£)
Adur	92.74
Arun	89.61
Ashfield	67.35
Ashford	88.34
Babergh	88.19
Barking and Dagenham	96.76
Barnet	106.92
Barnsley	73.76
Barrow-in-Furness	74.11
Basildon	86.68
Bassetlaw	71.55
Birmingham	81.75
Blackpool	70.38
Bolsover	80.74
Bournemouth, Christchurch and Poole	83.28
Brent	114.56
Brentwood	93.42
Brighton and Hove	83.33
Bristol	80.06
Broxtowe	73.44
Bury	75.66
Cambridge	101.68
Camden	119.96
Cannock Chase	74.65
Canterbury	87.18
Castle Point	87.23
Central Bedfordshire	100.47
Charnwood	73.36
Cheltenham	79.32
Cheshire West and Chester	81.37
Chesterfield	78.70
City of London	105.18
City of York	78.33
Colchester	86.43
Corby	77.80
Cornwall	70.08
Crawley	101.89
Croydon	104.75
Dacorum	107.05
Darlington	70.29
Dartford	88.91
Derby	77.72
Doncaster	72.31
Dover	83.22
Dudley	81.68
Ealing	100.33
East Devon	80.67
East Riding of Yorkshire	78.26
East Suffolk	79.55
Eastbourne	78.54
Enfield	100.09
Epping Forest	98.19
Exeter	74.33
Fareham	89.79
Folkestone and Hythe	83.18
Gateshead	75.55
Gosport	82.77
Gravesham	88.55
Great Yarmouth	73.91
Greenwich	101.95
Guildford	109.37
Hackney	99.78
Hammersmith and Fulham	114.73
Haringey	105.15
Harlow	90.95
Harrogate	79.68
Harrow	112.41
Hartlepool	99.62
Havering	95.42
High Peak	72.27
Hillingdon	107.95
Hinckley and Bosworth	77.46
Hounslow	101.42
Ipswich	81.21
Islington	120.97
Kensington and Chelsea	126.61
Kettering	80.44
Kingston upon Hull	74.19
Kingston upon Thames	110.84
Kirklees	68.93
Lambeth	107.73
Lancaster	76.32
Leeds	73.45
Leicester	70.93
Lewes	88.40
Lewisham	95.33
Lincoln	67.96
Luton	85.60
Manchester	73.88
Mansfield	72.29
Medway Towns	80.94
Melton	76.24
Mid Devon	77.70
Mid Suffolk	81.36
Milton Keynes	84.82
New Forest	98.28
Newark and Sherwood	77.11
Newcastle upon Tyne	74.33
Newham	97.10
North East Derbyshire	80.33
North Kesteven	75.73
North Tyneside	75.67
North Warwickshire	86.86
North West Leicestershire	78.16
Northampton	82.19
Northumberland	67.56
Norwich	78.40
Nottingham	74.09
Nuneaton and Bedworth	77.25
Oadby and Wigston	78.35
Oldham	82.05
Oxford City	107.80
Portsmouth	83.94
Reading	103.81
Redbridge	101.56
Redditch	77.18
Richmondshire	76.79
Rotherham	75.00
Rugby	85.62
Runnymede	109.15
Salford	82.92
Sandwell	80.42
Sedgemoor	76.77
Selby	77.43
Sheffield	71.03
Shropshire	80.54
Slough	105.09
Solihull	81.26
Somerset West and Taunton	81.37
South Cambridgeshire	105.84
South Derbyshire	78.98
South Holland	74.82
South Kesteven	77.81
South Tyneside	74.47
Southampton	83.87
Southend-on-Sea	84.89
Southwark	106.80
St Albans	112.61
Stevenage	96.83
Stockport	73.80
Stoke-on-Trent	69.65
Stroud	81.52
Sutton	105.86
Swindon	81.90
Tamworth	79.33
Tandridge	97.19
Tendring	82.93
Thanet	80.02
Thurrock	85.01
Tower Hamlets	109.61
Uttlesford	97.43
Waltham Forest	100.93
Wandsworth	123.52
Warwick	92.68
Waverley	113.30
Wealden	83.77
Welwyn Hatfield	106.96
West Lancashire	75.29
Westminster	123.75
Wigan	76.07
Wiltshire	87.15
Winchester	100.29
Woking	103.09
Wokingham	114.08
Wolverhampton	78.84.]]

Textual Amendments

F64 Sch. 4A Pt. 3 substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 3

PART 4 E+W+S WALES

Liability to deduction E+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)) [F65 and (5)].

Textual Amendments

F65 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 deduction E+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).

[F66 (2) The rebate proportion for Wales for each relevant year commencing with 2006-07 is 0.66.]

Textual Amendments

F66 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

[F67 PART 5 E+W+S AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

Textual Amendments

F67 Sch. 4A Pt. 5 substituted (26.10.2017) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2017 (S.I. 2017/900), art. 3(4), reg. 1

[F68 Relevant Year 2019-2020

Local authority	(1) Specified amount “O” (£)	(2) Guideline rent increase “P” (£)
Caerphilly	91.72	4.05
Cardiff	102.98	4.44
Carmarthenshire	91.24	4.05
Denbighshire	88.96	4.10
Flintshire	92.37	4.17
Isle of Anglesey	88.11	4.09
Pembrokeshire	92.19	3.90
Powys	93.08	4.07
Swansea	90.10	4.15
Vale of Glamorgan	99.69	4.25
Wrexham	91.34	4.11.]]]

Textual Amendments

F68 Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2019 (S.I. 2019/1243), art. 1(1), Sch. 4

Articles 13 and 21

[F69 SCHEDULE 5 E+W+S BENEFIT SAVINGS

Textual Amendments

F69 Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), art. 1(1), Sch. 4

F70    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 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

[F71 SCHEDULE 6 E+W+S ELECTRONIC COMMUNICATIONS

Textual Amendments

F71 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 1 E+W+S INTERPRETATION

Interpretation E+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 2 E+W+S ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

Conditions for the use of electronic communications E+W+S

2.— (1) An authority[F72 , reporting accountant] 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[F72 , reporting accountant] 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.

Textual Amendments

F72 Words in Sch. 6 para. 2 inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(a)

Use of intermediaries E+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[F73 , reporting accountants] or auditors to use intermediaries in connection with those matters.

Textual Amendments

F73 Words in Sch. 6 para. 3(b) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(b)

PART 3 E+W+S ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communication E+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 information E+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 information E+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 information E+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

[F74 SCHEDULE 7 E+W+S Authorities in London

Textual Amendments

F74 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

[F75 SCHEDULE 8 E+W+S Broad rental market areas in London

Textual Amendments

F75 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]]