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

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Point in time view as at 31/10/2021.

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Article 12(1)(b)

[F1SCHEDULE 1E+W+SSums to be used in the calculation of subsidy

Textual Amendments

Relevant Year 2020-2021

Local authorityAdministration subsidy (£)
England
Adur204,793
Allerdale299,716
Amber Valley366,608
Arun517,407
Ashfield480,401
Ashford404,869
Babergh215,987
Barking and Dagenham1,324,425
Barnet2,002,179
Barnsley934,078
Barrow-in-Furness258,013
Basildon695,055
Basingstoke and Deane468,510
Bassetlaw353,292
Bath and North East Somerset456,184
Bedford541,151
Bexley880,915
Birmingham6,270,351
Blaby185,270
Blackburn with Darwen592,472
Blackpool1,023,012
Bolsover280,916
Bolton1,282,493
Boston255,521
Bournemouth, Christchurch and Poole1,423,664
Bracknell Forest320,039
Bradford2,104,804
Braintree407,606
Breckland403,512
Brent2,550,427
Brentwood154,586
Brighton and Hove1,328,994
Bristol2,079,830
Broadland262,695
Bromley1,011,197
Bromsgrove192,541
Broxbourne354,254
Broxtowe295,540
Buckinghamshire1,317,254
Burnley403,737
Bury654,628
Calderdale770,310
Cambridge414,544
Camden1,761,120
Cannock Chase334,267
Canterbury480,375
Carlisle349,040
Castle Point229,313
Central Bedfordshire656,140
Charnwood393,166
Chelmsford462,142
Cheltenham323,322
Cherwell371,182
Cheshire East875,810
Cheshire West and Chester953,909
Chesterfield442,262
Chichester344,807
Chorley302,527
City of London70,917
Colchester607,221
Copeland233,332
Corby245,629
Cornwall2,079,159
Cotswold196,974
Coventry1,472,318
Craven112,218
Crawley528,815
Croydon1,815,457
Dacorum538,059
Darlington462,154
Dartford325,647
Daventry163,041
Derby1,025,722
Derbyshire Dales168,448
Doncaster1,178,243
Dorset1,014,841
Dover408,093
Dudley1,066,797
Durham2,253,143
Ealing2,150,701
East Cambridgeshire221,333
East Devon374,243
East Hampshire247,394
East Hertfordshire369,256
East Lindsey540,979
East Northamptonshire206,056
East Riding of Yorkshire854,519
East Staffordshire335,345
East Suffolk727,746
Eastbourne471,295
Eastleigh283,460
Eden115,759
Elmbridge351,391
Enfield2,327,776
Epping Forest387,420
Epsom and Ewell188,987
Erewash337,792
Exeter456,630
Fareham228,334
Fenland357,950
Folkestone and Hythe442,862
Forest of Dean228,892
Fylde237,491
Gateshead950,769
Gedling335,377
Gloucester473,035
Gosport332,737
Gravesham377,284
Great Yarmouth433,964
Greenwich1,864,547
Guildford340,793
Hackney3,021,376
Halton551,704
Hambleton191,776
Hammersmith and Fulham1,201,186
Harborough136,566
Haringey2,212,237
Harlow404,598
Harrogate311,142
Harrow1,035,098
Hart158,107
Hartlepool515,965
Hastings474,237
Havant366,404
Havering857,676
Herefordshire548,707
Hertsmere365,826
High Peak266,292
Hillingdon1,285,406
Hinckley and Bosworth214,020
Horsham298,583
Hounslow1,147,936
Huntingdonshire409,779
Hyndburn342,703
Ipswich610,516
Isle of Wight572,284
Isles of Scilly4,502
Islington1,996,914
Kensington and Chelsea1,159,379
Kettering296,932
King’s Lynn and West Norfolk470,912
Kingston upon Hull1,726,212
Kingston upon Thames568,368
Kirklees1,443,919
Knowsley903,155
Lambeth2,396,093
Lancaster419,705
Leeds3,399,576
Leicester1,665,689
Lewes348,323
Lewisham2,334,028
Lichfield220,549
Lincoln434,919
Liverpool3,167,951
Luton1,036,852
Maidstone494,835
Maldon159,432
Malvern Hills212,632
Manchester3,197,592
Mansfield444,492
Medway1,026,243
Melton109,292
Mendip297,979
Merton739,725
Mid Devon222,693
Mid Suffolk198,125
Mid Sussex306,199
Middlesbrough945,560
Milton Keynes1,144,966
Mole Valley215,380
New Forest444,118
Newark and Sherwood325,405
Newcastle-under-Lyme405,669
Newcastle upon Tyne1,393,727
Newham2,407,480
North Devon319,135
North East Derbyshire307,200
North East Lincolnshire682,163
North Hertfordshire383,039
North Kesteven244,574
North Lincolnshire523,515
North Norfolk325,431
North Somerset636,683
North Tyneside843,909
North Warwickshire173,402
North West Leicestershire229,498
Northampton849,495
Northumberland1,151,665
Norwich807,826
Nottingham1,897,789
Nuneaton and Bedworth432,917
Oadby and Wigston121,716
Oldham965,516
Oxford538,657
Pendle343,818
Peterborough826,545
Plymouth1,129,872
Portsmouth1,198,961
Preston571,119
Reading694,950
Redbridge1,184,389
Redcar and Cleveland713,776
Redditch280,281
Reigate and Banstead391,874
Ribble Valley99,708
Richmondshire103,249
Richmond upon Thames545,549
Rochdale1,031,522
Rochford177,649
Rossendale240,110
Rother271,086
Rotherham1,105,287
Rugby235,383
Runnymede247,327
Rushcliffe210,375
Rushmoor362,714
Rutland70,667
Ryedale131,755
Salford1,441,879
Sandwell1,672,482
Scarborough461,403
Sedgemoor398,305
Sefton1,093,781
Selby193,317
Sevenoaks310,589
Sheffield2,569,346
Shropshire791,339
Slough699,045
Solihull589,146
Somerset West and Taunton459,698
South Cambridgeshire299,103
South Derbyshire227,641
South Gloucestershire684,356
South Hams241,595
South Holland233,078
South Kesteven354,970
South Lakeland216,871
South Norfolk312,169
South Northamptonshire154,788
South Oxfordshire282,191
South Ribble255,626
South Somerset448,498
South Staffordshire251,565
South Tyneside896,022
Southampton1,073,738
Southend-on-Sea778,276
Southwark1,998,237
Spelthorne304,429
St Albans316,640
St Helens773,580
Stafford309,359
Staffordshire Moorlands191,532
Stevenage388,610
Stockport900,453
Stockton-on-Tees811,331
Stoke-on-Trent1,209,839
Stratford-on-Avon282,801
Stroud267,802
Sunderland1,542,425
Surrey Heath183,108
Sutton658,847
Swale538,119
Swindon619,143
Tameside1,020,954
Tamworth238,717
Tandridge213,328
Teignbridge399,171
Telford and Wrekin837,745
Tendring643,002
Test Valley298,955
Tewkesbury211,436
Thanet667,732
Three Rivers234,054
Thurrock593,317
Tonbridge and Malling363,586
Torbay682,791
Torridge209,593
Tower Hamlets2,462,720
Trafford640,441
Tunbridge Wells344,142
Uttlesford160,989
Vale of White Horse284,228
Wakefield1,524,872
Walsall1,350,416
Waltham Forest1,569,524
Wandsworth1,769,397
Warrington551,767
Warwick339,882
Watford367,221
Waverley286,654
Wealden326,348
Wellingborough280,662
Welwyn Hatfield402,730
West Berkshire384,977
West Devon160,620
West Lancashire311,943
West Lindsey288,215
West Oxfordshire232,285
West Suffolk473,808
Westminster1,746,386
Wigan1,138,087
Wiltshire1,175,037
Winchester285,762
Windsor and Maidenhead353,683
Wirral1,417,662
Woking285,746
Wokingham236,008
Wolverhampton1,250,377
Worcester372,266
Worthing363,429
Wychavon339,607
Wyre382,904
Wyre Forest374,674
York451,599
Wales
Blaenau Gwent375,401
Bridgend575,185
Caerphilly772,229
Cardiff1,601,197
Carmarthenshire689,691
Ceredigion250,219
Conwy445,307
Denbighshire412,484
Flintshire443,870
Gwynedd428,082
Isle of Anglesey263,940
Merthyr Tydfil284,129
Monmouthshire245,948
Neath Port Talbot651,792
Newport658,481
Pembrokeshire455,190
Powys383,211
Rhondda Cynon Taf1,029,971
Swansea1,004,909
Torfaen408,377
Vale of Glamorgan450,890
Wrexham516,502
Scotland
Aberdeen806,471
Aberdeenshire578,920
Angus394,561
Argyll and Bute319,608
Clackmannanshire237,246
Comhairle nan Eilean Siar97,955
Dumfries and Galloway618,203
Dundee880,566
East Ayrshire550,467
East Dunbartonshire229,933
East Lothian323,403
East Renfrewshire197,963
Edinburgh2,061,389
Falkirk597,958
Fife1,425,345
Glasgow4,771,508
Highland703,350
Inverclyde415,797
Midlothian314,341
Moray270,772
North Ayrshire736,746
North Lanarkshire1,576,864
Orkney68,443
Perth and Kinross429,178
Renfrewshire872,491
Scottish Borders421,135
Shetland59,401
South Ayrshire471,229
South Lanarkshire1,214,242
Stirling261,496
West Dunbartonshire645,451
West Lothian746,375]

Article 12(1)(c)

F2SCHEDULE 1AE+W+SAdditional amount of subsidy: Activities to reduce fraud and error

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

Textual Amendments

Article 12(1)(ba)

SCHEDULE 1ZAE+W+SAdditional amount of subsidy: Right Benefit Initiative

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

Textual Amendments

F3Sch. 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)

[F4SCHEDULE 1ZBE+W+SAdditional amount of subsidy: Verify Earnings and Pension Alerts Service

Textual Amendments

F4Sch. 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

InterpretationE+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.

[F5Additional amount: relevant year beginning with 1st April 2021E+W+S

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2021 is the amount specified for that authority in the Housing Benefit Circular HB S6/2021 published by the Department for Work and Pensions on 19th April 2021.]

Textual Amendments

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

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

Article 12(1)(bzb)

[F6SCHEDULE 1ZCE+W+SAdditional amount of subsidy: Housing Benefit Award Accuracy Initiative

Textual Amendments

InterpretationE+W+S

1.  In this Schedule—

“HBAAI” means the Housing Benefit Award Accuracy Initiative set out in Housing Benefit Circular HB A9/2020 published by the Department for Work and Pensions on 7th August 2020;

“relevant activities” means activities carried out by authorities in connection with administering the HBAAI.

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

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2020 is the amount (if any) specified for that authority in the Housing Benefit Circular HB S8/2020 published by the Department for Work and Pensions on 2nd November 2020.

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

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

Article 12(b)

F7SCHEDULE 2E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS

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

Textual Amendments

F7 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)

F8SCHEDULE 3E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

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

Textual Amendments

F8 Sch. 3 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(3)

Articles 13(1) and 16

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

F9PART IE+W+S REGULATED TENANCIES

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

Textual Amendments

F9 Sch. 4 Pt. I omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(a)

PART IIE+W+S RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amountE+W+S

2.  The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with [F10paragraph 6, 7, 8 or 9] as appropriate.

Textual Amendments

F10 Words in Sch. 4 para. 2 substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 5(2)

Rent officers’ determinationsE+W+S

3.  Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.

4.  This Part also applies in a case where the dwelling A is in a hostel and, by virtue of [F11regulation 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

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 [F12paragraph 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

[F136.  Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F14regulation 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

F13 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)

[F15 Rent officers' property-specific rent and claim-related rentE+W+S

7.  Where the rent officer either—

(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or

(b)determines a claim-related rent and the amount of eligible rent does not exceed F16... the claim-related rent F17..., less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be [F18100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

Textual Amendments

F18 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.—[F19(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 F20... the claim-related rent F21..., 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 [F22100 per cent]. of the qualifying expenditure which remains after deducting the excess.

Textual Amendments

F22 Words in Sch. 4 para. 8(3) substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(2)(a)

Rent officers’ property-specific and size-related rentsE+W+S

9.—(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.

(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be [F23100 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 [F23100 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 [F23100 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 [F23100 per cent]. of the qualifying expenditure which remains after deducting the excess.

[F24(6) This paragraph does not apply where a rent officer determines a claim-related rent.]

Textual Amendments

F23 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)

Restriction on unreasonable rents or on rent increasesE+W+S

10.  This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A) M1, (4), as in force on 1st January 1996, or 12(2) M2 of the [F25Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3, as in force on 5th October 1997.

Textual Amendments

Marginal Citations

M1 Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566 .

M2 Paragraph (2) was added by regulation 3(b) of S.I. 1989/566 .

M3 Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852 , but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852 .

Payments on account of rent allowanceE+W+S

F2611.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26 Sch. 4 para. 11 omitted (with effect in accordance with art. 1(3) of the commencing S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 5(3)

Relevant dateE+W+S

12.  For the purposes of this Part—

(a)in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;

(b)in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;

(c)in a case where, during the relevant year—

(i)there has been a change relating to a rent allowance within the meaning of [F27regulation 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 [F28regulation 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 [F29regulation 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;

[F30(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

Termination dateE+W+S

13.  For the purposes of this Part “termination date" means—

(a)31st March in the relevant year; or

(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or

(c)the date on which the allowance ceases to be paid in respect of the tenancy,

whichever is the earlier date in the relevant year.

PART IIIE+W+S RECKONABLE RENT CASES

F3114.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

F31 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 [F32regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F33100 per cent]. of the eligible rent less ineligible amounts.E+W+S

Textual Amendments

F33 Words in Sch. 4 para. 15 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 (S.I. 2007/26) , arts. 1(1) , 4(2)(b)

PART IVE+W+S GENERAL AND INTERPRETATION

ApportionmentE+W+S

16.  For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under [F34regulation 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

InterpretationE+W+S

17.—(1) In this Schedule, unless the context otherwise requires—

  • “appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under [F35paragraph 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 F36... charges);

  • [F37“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)

    [F38in a case where a rent officer has determined a claim-related rent, that rent;]

  • [F39“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 [F40paragraph 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)

    [F41where 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 [F42under 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 [F43paragraph 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 [F44paragraph 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 [F45paragraph 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 [F46and (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

[F47PART VE+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

Textual Amendments

F47 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
Avon169.06
Barking & Dagenham173.53
Barnet228.90
Bedfordshire93.92
Berkshire176.00
Bexley183.83
Brent201.33
Bromley206.83
Buckinghamshire214.25
Cambridgeshire96.04
Camden258.22
Cheshire192.69
City257.93
Cleveland123.96
Cornwall152.47
Croydon210.30
Cumbria148.07
Derbyshire109.04
Devon159.42
Dorset161.43
Durham120.78
Ealing201.31
East Sussex243.14
Enfield171.21
Essex112.27
Gloucestershire150.23
Greater Manchester166.32
Greenwich184.28
Hackney168.29
Hammersmith and Fulham198.12
Hampshire229.91
Haringey190.26
Harrow212.68
Havering172.24
Hereford and Worcester171.24
Hertfordshire123.15
Hillingdon182.32
Hounslow204.37
Humberside100.85
Isle of Wight196.27
Islington196.67
Kensington and Chelsea246.89
Kent236.29
Kingston upon Thames252.06
Lambeth162.14
Lancashire167.71
Leicestershire124.72
Lewisham150.72
Lincolnshire114.45
Merseyside183.43
Merton223.17
Newham163.27
Norfolk85.12
North Yorkshire120.36
Northamptonshire134.38
Northumberland118.67
Nottinghamshire132.56
Oxfordshire259.00
Redbridge164.61
Richmond upon Thames252.06
Shropshire163.64
Somerset151.91
South Yorkshire90.46
Southwark174.93
Staffordshire153.70
Suffolk87.52
Surrey285.52
Sutton191.01
Tower Hamlets181.82
Tyne & Wear113.32
Waltham Forest140.88
Wandsworth221.47
Warwickshire164.56
West Midlands161.13
West Sussex249.11
West Yorkshire100.63
Westminster257.93
Wiltshire156.85
WALES
Clwyd87.91
Dyfed77.40
Gwent85.12
Gwynedd78.89
Mid Glamorgan90.05
Powys86.11
South Glamorgan100.64
West Glamorgan86.67
SCOTLAND
Aberdeen116.83
Aberdeenshire126.66
Angus116.83
Argyll-Bute107.61
Clackmannanshire150.40
Comhairlie Nan Eilean Siar172.53
Dumfries & Galloway125.40
Dundee116.83
East Ayrshire103.93
East Dunbartonshire133.48
East Lothian132.78
East Renfrewshire180.26
Edinburgh,City of132.78
Falkirk117.91
Fife116.83
Glasgow103.93
Highland114.79
Inverclyde103.93
Midlothian132.78
Moray116.83
North Ayrshire103.93
North Lanarkshire103.93
Orkney116.83
Perth & Kinross124.08
Renfrewshire103.93
Scottish Borders132.78
Shetland116.83
South Ayrshire119.53
South Lanarkshire103.93
Stirling121.19
West Dunbartonshire103.93
West Lothian132.78]

Article 20A

[F48SCHEDULE 4AE+W+SRENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS): AUTHORITIES IN WALES

Textual Amendments

InterpretationE+W+S

1.  In this Schedule—

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

“rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations, other than a payment specified in regulation 12(1)(e).

Liability to deductionE+W+S

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

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

(b)O + P is less than Q where—

O is the amount specified in column 1 of that Table for the authority;

P is the guideline rent increase specified in column 2 of that Table for the authority; and

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

(2) For the purposes of determining Q in sub-paragraph (1)(b), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA, disregarding any unoccupied dwelling.

Amount of deductionE+W+S

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

Step 1 Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the HRA by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.

Step 2 If the result of Step 1 does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—

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

(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 2);

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

(iii)divide the rebate proportion (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).

[F49(2) The rebate proportion for the purposes of sub-paragraph (1) for the relevant year beginning with 1st April 2021 is 0.682.]

Textual Amendments

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

4.  The amounts for the relevant year beginning with 1st April [F502021] for the purposes of paragraph 2 are as follows—

[F51Local authority(1) Specified amount “O”(£)(2) Guideline rent increase “P” (£)
Caerphilly100.151.27
Cardiff112.242.00
Carmarthenshire99.650.95
Denbighshire97.493.39
Flintshire101.073.45
Isle of Anglesey96.683.42
Pembrokeshire100.323.28
Powys101.572.62
Swansea98.732.89
Vale of Glamorgan108.573.52
Wrexham99.913.42]]

Textual Amendments

Articles 13 and 21

[F52SCHEDULE 5E+W+S BENEFIT SAVINGS

Textual Amendments

F52Sch. 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

F53  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F53 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

[F54SCHEDULE 6E+W+SELECTRONIC COMMUNICATIONS

Textual Amendments

PART 1E+W+SINTERPRETATION

InterpretationE+W+S

1  In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.

PART 2E+W+SELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

Conditions for the use of electronic communicationsE+W+S

2.—(1) An authority[F55, 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[F55, 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

F55Words 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 intermediariesE+W+S

3  The Secretary of State may—

(a)use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and

(b)require authorities[F56, reporting accountants] or auditors to use intermediaries in connection with those matters.

Textual Amendments

F56Words 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 3E+W+SELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communicationE+W+S

4—(1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—

(a)by or under this Schedule; and

(b)by or under Part II of this Order

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of informationE+W+S

5  For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.

Proof of delivery of informationE+W+S

6—(1) For the purpose of any legal proceedings, it shall be presumed that—

(a)if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;

(b)if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;

(c)any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.

Proof of content of informationE+W+S

7  For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system.]

Article 17A

[F57SCHEDULE 7E+W+SAuthorities in London

Textual Amendments

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

[F58SCHEDULE 8E+W+SBroad rental market areas in London

Textual Amendments

F58 Sch. 8 added (26.11.2010, with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481) , arts. 1(1) , 5 , Schs. 3

Central London
Inner East London
Inner North London
Inner South East London
Inner South West London
Inner West London
Outer South West London]]

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