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

Article 12(1)(b)

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

[F1 Relevant Year 2019-2020

Local authority	Administration subsidy (£)
England
Adur	206,898
Allerdale	305,238
Amber Valley	377,546
Arun	527,247
Ashfield	494,161
Ashford	413,337
Aylesbury Vale	516,257
Babergh	237,846
Barking and Dagenham	1,215,669
Barnet	1,803,193
Barnsley	940,202
Barrow-in-Furness	273,046
Basildon	694,542
Basingstoke and Deane	510,535
Bassetlaw	361,222
Bath and North East Somerset	496,533
Bedford	541,806
Bexley	853,215
Birmingham	5,779,268
Blaby	199,929
Blackburn with Darwen	577,588
Blackpool	968,413
Bolsover	297,821
Bolton	1,209,013
Boston	262,356
Bournemouth, Christchurch and Poole	1,420,878
Bracknell Forest	364,979
Bradford	2,129,537
Braintree	438,879
Breckland	408,601
Brent	2,351,975
Brentwood	171,664
Brighton and Hove	1,258,967
Bristol	1,924,692
Broadland	268,900
Bromley	1,008,684
Bromsgrove	205,654
Broxbourne	363,443
Broxtowe	315,480
Burnley	409,009
Bury	665,461
Calderdale	806,854
Cambridge	417,717
Camden	1,710,202
Cannock Chase	353,266
Canterbury	489,320
Carlisle	361,887
Castle Point	244,687
Central Bedfordshire	705,647
Charnwood	412,301
Chelmsford	482,614
Cheltenham	333,491
Cherwell	395,083
Cheshire East	937,699
Cheshire West and Chester	965,597
Chesterfield	455,547
Chichester	358,205
Chiltern	214,174
Chorley	302,336
City of London	86,020
Colchester	588,257
Copeland	236,533
Corby	274,537
Cornwall	2,106,996
Cotswold	216,441
Coventry	1,413,800
Craven	134,451
Crawley	557,804
Croydon	1,790,970
Dacorum	577,108
Darlington	498,479
Dartford	324,096
Daventry	176,898
Derby	1,007,926
Derbyshire Dales	175,253
Doncaster	1,140,936
Dorset	1,068,403
Dover	419,368
Dudley	1,115,665
Durham	2,320,130
Ealing	1,980,123
East Cambridgeshire	231,926
East Devon	373,227
East Hampshire	267,351
East Hertfordshire	376,467
East Lindsey	557,484
East Northamptonshire	226,034
East Riding of Yorkshire	934,332
East Staffordshire	352,940
East Suffolk	746,197
Eastbourne	462,283
Eastleigh	294,338
Eden	119,288
Elmbridge	360,823
Enfield	2,264,143
Epping Forest	388,319
Epsom and Ewell	194,432
Erewash	351,192
Exeter	453,854
Fareham	246,508
Fenland	365,183
Folkestone and Hythe	455,152
Forest of Dean	239,150
Fylde	241,619
Gateshead	971,792
Gedling	352,410
Gloucester	487,695
Gosport	369,694
Gravesham	392,900
Great Yarmouth	440,993
Greenwich	1,782,999
Guildford	368,273
Hackney	2,708,397
Halton	548,589
Hambleton	214,079
Hammersmith and Fulham	1,206,204
Harborough	147,222
Haringey	1,988,435
Harlow	428,279
Harrogate	319,517
Harrow	1,032,393
Hart	162,355
Hartlepool	518,714
Hastings	474,687
Havant	379,447
Havering	840,177
Herefordshire	562,555
Hertsmere	381,302
High Peak	279,372
Hillingdon	1,270,018
Hinckley and Bosworth	226,725
Horsham	306,209
Hounslow	1,114,278
Huntingdonshire	463,123
Hyndburn	350,887
Ipswich	615,674
Isle of Wight	566,433
Isles of Scilly	9,233
Islington	1,847,550
Kensington and Chelsea	1,089,360
Kettering	309,847
King’s Lynn and West Norfolk	487,604
Kingston upon Hull	1,625,235
Kingston upon Thames	554,636
Kirklees	1,474,341
Knowsley	855,441
Lambeth	2,403,732
Lancaster	418,576
Leeds	3,344,315
Leicester	1,592,076
Lewes	342,487
Lewisham	2,206,067
Lichfield	226,560
Lincoln	451,462
Liverpool	2,969,011
Luton	927,372
Maidstone	500,355
Maldon	167,817
Malvern Hills	219,923
Manchester	3,100,657
Mansfield	458,056
Medway	1,025,721
Melton	124,475
Mendip	308,197
Merton	749,470
Mid Devon	229,859
Mid Suffolk	219,518
Mid Sussex	311,627
Middlesbrough	939,409
Milton Keynes	1,144,065
Mole Valley	224,476
New Forest	445,140
Newark and Sherwood	347,691
Newcastle-under-Lyme	426,628
Newcastle upon Tyne	1,382,896
Newham	2,089,828
North Devon	334,817
North East Derbyshire	322,807
North East Lincolnshire	676,730
North Hertfordshire	404,637
North Kesteven	271,109
North Lincolnshire	546,684
North Norfolk	330,545
North Somerset	651,825
North Tyneside	894,608
North Warwickshire	192,611
North West Leicestershire	239,967
Northampton	855,836
Northumberland	1,160,622
Norwich	787,450
Nottingham	1,747,440
Nuneaton and Bedworth	444,983
Oadby and Wigston	126,917
Oldham	936,580
Oxford	568,005
Pendle	363,473
Peterborough	795,269
Plymouth	1,154,878
Portsmouth	1,171,811
Preston	568,200
Reading	708,189
Redbridge	1,107,367
Redcar and Cleveland	721,317
Redditch	286,372
Reigate and Banstead	403,964
Ribble Valley	118,663
Richmondshire	119,297
Richmond upon Thames	549,956
Rochdale	1,004,244
Rochford	186,975
Rossendale	261,138
Rother	267,336
Rotherham	1,096,263
Rugby	250,184
Runnymede	246,114
Rushcliffe	212,750
Rushmoor	371,584
Rutland	85,169
Ryedale	149,597
Salford	1,368,252
Sandwell	1,576,419
Scarborough	485,981
Sedgemoor	439,427
Sefton	1,073,390
Selby	218,465
Sevenoaks	312,514
Sheffield	2,452,822
Shropshire	826,925
Slough	683,176
Solihull	632,075
Somerset West and Taunton	465,825
South Buckinghamshire	159,201
South Cambridgeshire	325,697
South Derbyshire	243,814
South Gloucestershire	735,340
South Hams	250,072
South Holland	247,465
South Kesteven	382,554
South Lakeland	223,957
South Norfolk	318,044
South Northamptonshire	165,541
South Oxfordshire	290,599
South Ribble	277,009
South Somerset	469,381
South Staffordshire	264,918
South Tyneside	913,224
Southampton	1,079,520
Southend-on-Sea	770,274
Southwark	2,072,549
Spelthorne	312,287
St Albans	348,545
St Helens	749,095
Stafford	333,317
Staffordshire Moorlands	214,847
Stevenage	404,443
Stockport	904,249
Stockton-on-Tees	836,619
Stoke-on-Trent	1,173,365
Stratford-on-Avon	303,240
Stroud	284,887
Sunderland	1,518,187
Surrey Heath	202,467
Sutton	652,022
Swale	524,926
Swindon	645,358
Tameside	1,016,733
Tamworth	246,400
Tandridge	223,167
Teignbridge	407,440
Telford and Wrekin	828,293
Tendring	656,698
Test Valley	314,555
Tewkesbury	231,994
Thanet	680,465
Three Rivers	249,272
Thurrock	611,343
Tonbridge and Malling	364,706
Torbay	707,181
Torridge	215,585
Tower Hamlets	2,432,219
Trafford	664,890
Tunbridge Wells	346,772
Uttlesford	174,615
Vale of White Horse	281,191
Wakefield	1,457,725
Walsall	1,349,098
Waltham Forest	1,412,860
Wandsworth	1,718,920
Warrington	554,146
Warwick	356,711
Watford	371,919
Waverley	319,604
Wealden	342,527
Wellingborough	293,200
Welwyn Hatfield	419,192
West Berkshire	398,578
West Devon	175,861
West Lancashire	329,486
West Lindsey	326,374
West Oxfordshire	252,444
West Suffolk	487,856
Westminster	1,576,989
Wigan	1,132,575
Wiltshire	1,216,772
Winchester	310,820
Windsor and Maidenhead	366,082
Wirral	1,405,120
Woking	289,102
Wokingham	265,038
Wolverhampton	1,259,131
Worcester	380,865
Worthing	360,776
Wychavon	348,381
Wycombe	482,205
Wyre	411,692
Wyre Forest	403,794
York	492,790
Wales
Blaenau Gwent	383,178
Bridgend	574,042
Caerphilly	761,701
Cardiff	1,499,431
Carmarthenshire	662,649
Ceredigion	242,025
Conwy	449,939
Denbighshire	413,743
Flintshire	451,334
Gwynedd	423,421
Isle of Anglesey	281,547
Merthyr Tydfil	296,955
Monmouthshire	256,654
Neath Port Talbot	650,180
Newport	660,025
Pembrokeshire	466,056
Powys	401,933
Rhondda Cynon Taf	983,309
Swansea	969,755
Torfaen	410,363
Vale of Glamorgan	460,941
Wrexham	548,004
Scotland
Aberdeen	805,227
Aberdeenshire	655,940
Angus	403,636
Argyll and Bute	354,229
Clackmannanshire	249,356
Comhairle nan Eilean Siar	112,851
Dumfries and Galloway	643,499
Dundee	907,889
East Ayrshire	564,199
East Dunbartonshire	252,492
East Lothian	311,193
East Renfrewshire	218,435
Edinburgh	1,948,929
Falkirk	630,471
Fife	1,449,877
Glasgow	4,278,442
Highland	718,186
Inverclyde	440,766
Midlothian	313,145
Moray	290,724
North Ayrshire	725,908
North Lanarkshire	1,585,915
Orkney	90,166
Perth and Kinross	473,214
Renfrewshire	898,406
Scottish Borders	472,617
Shetland	73,950
South Ayrshire	481,603
South Lanarkshire	1,226,105
Stirling	258,905
West Dunbartonshire	615,268
West Lothian	732,527.]

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 2020 (S.I. 2020/976), art. 1(1), Sch. 1

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.

[F5 Additional amount: relevant year beginning with 1st April 2020 E+W+S

2.   The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2020 is the amount specified for that authority in the Housing Benefit Circular HB S6/2020 published by the Department for Work and Pensions on 16th April 2020.]

Textual Amendments

F5 Sch. 1ZB para. 2 substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 5

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)

F6 SCHEDULE 2 E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS

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

Textual Amendments

F6 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)

F7 SCHEDULE 3 E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

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

Textual Amendments

F7 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

F8 PART I E+W+S REGULATED TENANCIES

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

Textual Amendments

F8 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 [F9 paragraph 6, 7, 8 or 9] as appropriate.

Textual Amendments

F9 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 [F10 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

F10 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 [F11 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

F11 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 )

[F12 6.   Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F13 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

F12 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)

F13 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 )

[F14 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 [F15 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 [F16 100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

Textual Amendments

F14 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)

F15 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 )

F16 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.— [F17 (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 [F18 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 [F19 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

Textual Amendments

F17 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)

F18 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 )

F19 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 [F20 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 [F20 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 [F20 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 [F20 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

[F21 (6) This paragraph does not apply where a rent officer determines a claim-related rent.]

Textual Amendments

F20 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)

F21 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 [F22 Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3 , as in force on 5th October 1997.

Textual Amendments

F22 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

F23 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F23 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 [F24 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 [F25 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 [F26 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;

[F27 (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

F24 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 )

F25 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 )

F26 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 )

F27 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

F28 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F28 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 [F29 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], [F30 100 per cent]. of the eligible rent less ineligible amounts. E+W+S

Textual Amendments

F29 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 )

F30 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 [F31 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

F31 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 [F32 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 F33 ... charges);

• [F34 “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)

  [F35 in a case where a rent officer has determined a claim-related rent, that rent;]

• [F36 “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 [F37 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)

  [F38 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 [F39 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 [F40 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 [F41 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 [F42 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 [F43 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

F32 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 )

F33 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)

F34 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)

F35 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)

F36 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)

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

F43 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 )

[F44 PART V E+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

Textual Amendments

F44 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

[F45 SCHEDULE 4A E+W+S RENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)[F46 : authorities in Wales]

Textual Amendments

F45 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

F46 Words in Sch. 4A heading inserted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 4(2)(a)

PART 1 E+W+S INTERPRETATION

1.   In this Schedule— E+W+S

F47 ...

F47 ...

[F48 “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,

F47 ...

F47 ...

“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 ...

F47 ...

F47 ...

Textual Amendments

F47 Words in Sch. 4A Pt. 1 omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 4(2)(b)

F48 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)

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

F53 2.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F53 Sch. 4A Pt. 2 omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 4(2)(c)

Amount of deduction E+W+S

F53 3.   . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F53 Sch. 4A Pt. 2 omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 4(2)(c)

[F54 PART 3 E+W+S WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND]

Textual Amendments

F54 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

F55 ...

Textual Amendments

F55 Sch. 4A Pt. 3 omitted (with effect in accordance with art. 1(3) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 4(2)(c)

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)) [F56 and (5)].

Textual Amendments

F56 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).

[F57 (2) The rebate proportion for the purposes of sub-paragraph (1) for each relevant year commencing with 2020–21 is 0.574.]

Textual Amendments

F57 Sch. 4A para. 5(2) substituted (with effect in accordance with art. 1(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2020 (S.I. 2020/976), arts. 1(1), 4(2)(d)

[F58 PART 5 E+W+S AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

Textual Amendments

F58 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

[F59 Relevant Year 2020-2021

Local authority	(1) Specified amount “O” (£)	(2) Guideline rent increase “P” (£)
Caerphilly	95.77	4.38
Cardiff	107.42	4.82
Carmarthenshire	95.29	4.36
Denbighshire	93.07	4.42
Flintshire	96.54	4.53
Isle of Anglesey	92.20	4.48
Pembrokeshire	96.09	4.23
Powys	97.15	4.42
Swansea	94.25	4.48
Vale of Glamorgan	103.94	4.63
Wrexham	95.45	4.46.]]]

Textual Amendments

F59 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 2020 (S.I. 2020/976), art. 1(1), Sch. 2

Articles 13 and 21

[F60 SCHEDULE 5 E+W+S BENEFIT SAVINGS

Textual Amendments

F60 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

F61    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F61 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

[F62 SCHEDULE 6 E+W+S ELECTRONIC COMMUNICATIONS

Textual Amendments

F62 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[F63 , 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[F63 , 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

F63 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[F64 , reporting accountants] or auditors to use intermediaries in connection with those matters.

Textual Amendments

F64 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

[F65 SCHEDULE 7 E+W+S Authorities in London

Textual Amendments

F65 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

[F66 SCHEDULE 8 E+W+S Broad rental market areas in London

Textual Amendments

F66 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]]