- Latest available (Revised)
- Point in Time (31/10/2022)
- Original (As made)
Version Superseded: 06/11/2023
Point in time view as at 31/10/2022.
There are currently no known outstanding effects for the The Income-related Benefits (Subsidy to Authorities) Order 1998.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Article 12(1)(b)
Textual Amendments
F1Sch. 1 substituted (with effect in accordance with art. 2(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022 (S.I. 2022/983), art. 1(1), Sch. 1
Local authority | Administration subsidy (£) |
---|---|
England | |
Adur District Council | 166,774 |
Allerdale Borough Council | 285,828 |
Amber Valley Borough Council | 338,744 |
Arun District Council | 459,401 |
Ashfield District Council | 381,388 |
Ashford Borough Council | 360,980 |
Babergh District Council | 201,763 |
London Borough of Barking and Dagenham | 1,140,118 |
London Borough of Barnet | 1,616,245 |
Barnsley Borough Council | 872,272 |
Barrow Borough Council | 216,323 |
Basildon District Council | 624,987 |
Basingstoke and Deane District Council | 433,632 |
Bassetlaw District Council | 317,494 |
Bath and North East Somerset Council | 432,954 |
Bedford Borough Council | 533,537 |
London Borough of Bexley | 722,001 |
Birmingham City Council | 5,779,690 |
Blaby District Council | 169,742 |
Blackburn with Darwen Borough Council | 530,227 |
Blackpool Borough Council | 836,872 |
Bolsover District Council | 246,048 |
Bolton Metropolitan Borough Council | 1,094,027 |
Boston Borough Council | 214,041 |
Bournemouth, Christchurch and Poole Council | 1,240,204 |
Bracknell Forest Borough Council | 286,440 |
Bradford Metropolitan Borough Council | 1,744,903 |
Braintree District Council | 372,561 |
Breckland District Council | 349,145 |
London Borough of Brent | 2,031,962 |
Brentwood District Council | 139,102 |
Brighton and Hove Council | 1,096,240 |
Bristol City Council | 1,637,702 |
Broadland District Council | 218,646 |
London Borough of Bromley | 870,560 |
Bromsgrove District Council | 171,522 |
Broxbourne Borough Council | 301,767 |
Broxtowe Council | 255,670 |
Buckinghamshire Council | 1,184,153 |
Burnley Borough Council | 384,919 |
Bury Metropolitan Borough Council | 581,719 |
Calderdale Borough Council | 720,662 |
Cambridge City Council | 357,031 |
London Borough of Camden | 1,448,119 |
Cannock Chase District Council | 281,991 |
Canterbury City Council | 434,026 |
City of Carlisle District Council | 303,502 |
Castle Point District Council | 196,629 |
Central Bedfordshire | 564,010 |
Charnwood Borough Council | 355,376 |
Chelmsford Borough Council | 377,519 |
Cheltenham Borough Council | 300,276 |
Cherwell District Council | 337,046 |
Cheshire East Council | 831,421 |
Cheshire West and Chester Council | 905,106 |
Chesterfield Borough Council | 401,416 |
Chichester District Council | 299,958 |
Chorley Borough Council | 277,031 |
City of London | 57,567 |
Colchester Borough Council | 527,384 |
Copeland Borough Council | 221,215 |
Cornwall Council | 1,727,900 |
Cotswold District Council | 174,557 |
Coventry City Council | 1,238,838 |
Craven District Council | 109,509 |
Crawley Borough Council | 449,400 |
London Borough of Croydon | 1,814,031 |
Dacorum Borough Council | 442,434 |
Darlington Borough Council | 410,686 |
Dartford Borough Council | 286,585 |
Derby City Council | 880,817 |
Derbyshire Dales District Council | 145,407 |
Doncaster Metropolitan Borough Council | 1,091,147 |
Dorset Council | 912,709 |
Dover District Council | 388,841 |
Dudley Metropolitan Borough Council | 964,225 |
Durham County Council | 2,102,314 |
London Borough of Ealing | 1,851,001 |
East Cambridgeshire District Council | 189,300 |
East Devon District Council | 335,752 |
East Hampshire District Council | 210,144 |
East Hertfordshire District Council | 318,481 |
East Lindsey District Council | 471,405 |
East Riding of Yorkshire Council | 745,130 |
East Staffordshire Borough Council | 290,395 |
East Suffolk Council | 694,438 |
Eastbourne Borough Council | 434,434 |
Eastleigh Borough Council | 276,450 |
Eden District Council | 99,800 |
Elmbridge Borough Council | 311,766 |
London Borough of Enfield | 2,157,709 |
Epping Forest District Council | 320,617 |
Epsom and Ewell Borough Council | 159,578 |
Erewash Borough Council | 324,630 |
Exeter City Council | 381,586 |
Fareham Borough Council | 183,161 |
Fenland District Council | 303,245 |
Folkestone and Hythe District Council | 386,896 |
Forest of Dean District Council | 206,464 |
Fylde Borough Council | 208,970 |
Gateshead Borough Council | 858,107 |
Gedling Borough Council | 280,065 |
Gloucester City Council | 432,448 |
Gosport Borough Council | 271,462 |
Gravesham Borough Council | 319,738 |
Great Yarmouth Council | 410,526 |
Royal Borough of Greenwich | 1,620,429 |
Guildford Borough Council | 274,252 |
London Borough of Hackney | 2,064,473 |
Halton Borough Council | 542,170 |
Hambleton District Council | 190,671 |
London Borough of Hammersmith and Fulham | 1,122,888 |
Harborough District Council | 128,688 |
London Borough of Haringey | 1,703,666 |
Harlow District Council | 357,830 |
Harrogate Borough Council | 308,410 |
Harrow Council | 882,712 |
Hart District Council | 137,774 |
Hartlepool Borough Council | 485,951 |
Hastings Borough Council | 433,056 |
Havant Borough Council | 300,980 |
London Borough of Havering | 764,108 |
Herefordshire Council | 478,350 |
Hertsmere Borough Council | 333,839 |
High Peak Borough Council | 225,944 |
London Borough of Hillingdon | 1,098,919 |
Hinckley and Bosworth Borough Council | 200,910 |
Horsham District Council | 260,149 |
London Borough of Hounslow | 1,125,008 |
Hull City Council | 1,398,549 |
Huntingdonshire District Council | 358,428 |
Hyndburn Borough Council | 309,082 |
Ipswich Borough Council | 541,358 |
Isle of Wight County Council | 502,699 |
Isles of Scilly Council | 1,706 |
London Borough of Islington | 1,662,957 |
Royal Borough of Kensington and Chelsea | 1,036,886 |
Kings Lynn and West Norfolk Borough Council | 401,919 |
Royal Borough of Kingston upon Thames | 520,578 |
Kirklees Metropolitan Borough Council | 1,289,211 |
Knowsley Borough Council | 776,361 |
London Borough of Lambeth | 2,120,740 |
Lancaster City Council | 405,040 |
Leeds City Council | 2,691,201 |
Leicester City Council | 1,382,707 |
Lewes District Council | 301,636 |
London Borough of Lewisham | 2,038,224 |
Lichfield District Council | 204,322 |
City of Lincoln Council | 390,562 |
Liverpool City Council | 2,660,206 |
Luton Borough Council | 862,381 |
Maidstone Borough Council | 440,637 |
Maldon District Council | 132,278 |
Malvern Hills District Council | 181,862 |
Manchester City Council | 2,767,129 |
Mansfield District Council | 373,952 |
Medway Council | 882,870 |
Melton Borough Council | 108,827 |
Mendip District Council | 289,418 |
London Borough of Merton | 629,959 |
Mid Devon District Council | 196,894 |
Mid Suffolk District Council | 184,569 |
Mid Sussex District Council | 273,011 |
Middlesbrough Council | 766,190 |
Milton Keynes Borough Council | 903,414 |
Mole Valley District Council | 182,720 |
New Forest District Council | 397,867 |
Newark and Sherwood District Council | 288,175 |
Newcastle-Under-Lyme Borough Council | 336,841 |
Newcastle City Council | 1,343,574 |
London Borough of Newham | 1,946,373 |
North Devon District Council | 280,537 |
North East Derbyshire District Council | 271,623 |
North East Lincolnshire Council | 607,458 |
North Hertfordshire District Council | 330,006 |
North Kesteven District Council | 223,240 |
North Lincolnshire Council | 488,781 |
North Norfolk District Council | 281,476 |
North Northamptonshire Council | 887,308 |
North Somerset Council | 592,797 |
North Tyneside Borough Council | 764,581 |
North Warwickshire District Council | 155,839 |
North West Leicestershire District Council | 202,574 |
Northumberland County Council | 990,611 |
Norwich City Council | 658,264 |
Nottingham City Council | 1,456,450 |
Nuneaton and Bedworth Borough Council | 405,863 |
Oadby and Wigston Borough Council | 100,313 |
Oldham Borough Council | 910,869 |
Oxford City Council | 459,987 |
Pendle Borough Council | 286,652 |
Peterborough City Council | 745,199 |
Plymouth City Council | 1,024,060 |
Portsmouth City Council | 924,688 |
Preston Borough Council | 487,938 |
Reading Borough Council | 621,703 |
London Borough of Redbridge | 1,004,702 |
Redcar and Cleveland Borough Council | 599,349 |
Borough of Redditch | 255,888 |
Reigate and Banstead Borough Council | 347,377 |
Ribble Valley Borough Council | 92,282 |
Richmondshire District Council | 101,777 |
London Borough of Richmond upon Thames | 473,695 |
Rochdale Borough Council | 919,750 |
Rochford District Council | 151,095 |
Rossendale Borough Council | 212,984 |
Rother District Council | 240,050 |
Rotherham Borough Council | 957,402 |
Rugby Borough Council | 236,557 |
Runnymede Borough Council | 211,335 |
Rushcliffe Borough Council | 185,607 |
Rushmoor Borough Council | 307,919 |
Rutland County Council | 65,457 |
Ryedale District Council | 132,025 |
Salford City Council | 1,235,628 |
Sandwell Metropolitan Borough Council | 1,344,659 |
Scarborough Borough Council | 406,761 |
Sedgemoor District Council | 379,041 |
Sefton Metropolitan Borough Council | 1,027,040 |
Selby District Council | 172,133 |
Sevenoaks District Council | 271,005 |
Sheffield City Council | 2,016,189 |
Shropshire Council | 719,739 |
Slough Borough Council | 619,024 |
Solihull Metropolitan Borough Council | 540,946 |
Somerset West and Taunton Council | 455,030 |
South Cambridgeshire District Council | 269,903 |
South Derbyshire District Council | 193,256 |
South Gloucestershire Council | 571,935 |
South Hams District Council | 218,552 |
South Holland District Council | 200,393 |
South Kesteven District Council | 331,673 |
South Lakeland District Council | 185,768 |
South Norfolk District Council | 267,270 |
South Oxfordshire District Council | 264,327 |
South Ribble Borough Council | 225,429 |
South Somerset District Council | 421,505 |
South Staffordshire District Council | 228,688 |
South Tyneside Council | 795,270 |
Southampton City Council | 977,914 |
Southend on Sea Borough Council | 709,020 |
London Borough of Southwark | 1,799,299 |
Spelthorne Borough Council | 247,609 |
St Albans District Council | 288,429 |
St Helens Borough Council | 663,879 |
Stafford Borough Council | 276,134 |
Staffordshire Moorlands District Council | 159,334 |
Stevenage Borough Council | 320,958 |
Stockport Borough Council | 794,190 |
Stockton on Tees Borough Council | 725,054 |
Stoke on Trent City Council | 978,780 |
Stratford on Avon District Council | 273,014 |
Stroud District Council | 243,032 |
Sunderland City Council | 1,292,998 |
Surrey Heath Borough Council | 160,500 |
London Borough of Sutton | 658,508 |
Swale Borough Council | 478,180 |
Swindon Borough Council | 606,821 |
Tameside Metropolitan Borough Council | 914,735 |
Tamworth Borough Council | 221,049 |
Tandridge District Council | 187,844 |
Teignbridge District Council | 333,532 |
Telford and Wrekin Council | 706,784 |
Tendring District Council | 552,866 |
Test Valley Borough Council | 277,620 |
Tewkesbury Borough Council | 200,446 |
Thanet District Council | 611,231 |
Three Rivers Council | 217,568 |
Thurrock Borough Council | 543,553 |
Tonbridge and Malling District Council | 320,135 |
Torbay Council | 524,699 |
Torridge District Council | 177,864 |
London Borough of Tower Hamlets | 2,245,608 |
Trafford Metropolitan Borough Council | 618,673 |
Tunbridge Wells Borough Council | 291,406 |
Uttlesford District Council | 148,847 |
Vale of White Horse District Council | 270,855 |
Wakefield Council | 1,212,019 |
Walsall Borough Council | 1,146,672 |
London Borough of Waltham Forest | 1,295,219 |
London Borough of Wandsworth | 1,433,604 |
Warrington Borough Council | 555,749 |
Warwick District Council | 305,891 |
Watford Borough Council | 350,311 |
Waverley Borough Council | 254,292 |
Wealden District Council | 289,049 |
Welwyn Hatfield District Council | 362,872 |
West Berkshire Council | 359,167 |
West Devon Borough Council | 138,512 |
West Lancashire District Council | 297,365 |
West Lindsey District Council | 259,045 |
West Northamptonshire | 952,267 |
West Oxfordshire District Council | 205,424 |
West Suffolk Council | 442,056 |
City of Westminster | 1,419,218 |
Wigan Council | 1,018,118 |
Wiltshire Council | 1,113,824 |
Winchester City Council | 263,221 |
Royal Borough of Windsor and Maidenhead | 295,325 |
Wirral Borough Council | 1,309,372 |
Woking Borough Council | 240,801 |
Wokingham District Council | 214,714 |
Wolverhampton City Council | 1,100,571 |
Worcester City Council | 304,955 |
Worthing Borough Council | 315,502 |
Wychavon District Council | 291,660 |
Wyre Borough Council | 325,381 |
Wyre Forest District Council | 322,340 |
City of York Council | 406,049 |
Wales | |
Blaenau Gwent County Borough Council | 325,787 |
Bridgend County Borough Council | 496,753 |
Caerphilly County Borough Council | 676,895 |
Cardiff City Council | 1,443,993 |
Carmarthenshire County Council | 593,035 |
Ceredigion Council | 208,289 |
Conwy County Borough Council | 408,650 |
Denbighshire County Council | 376,552 |
Flintshire County Council | 431,124 |
Gwynedd Council | 362,202 |
Isle of Anglesey County Council | 220,019 |
Merthyr Tydfil Borough Council | 242,683 |
Monmouthshire County Council | 230,483 |
Neath Port Talbot County Borough Council | 600,412 |
Newport City Council | 598,735 |
Pembrokeshire County Council | 410,567 |
Powys County Council | 342,311 |
Rhondda Cynon Taff County Borough Council | 870,755 |
Swansea City Council | 951,800 |
Torfaen Borough Council | 398,364 |
Vale of Glamorgan Council | 383,401 |
Wrexham Council | 486,822 |
Scotland | |
Aberdeen City Council | 678,838 |
Aberdeenshire Council | 498,326 |
Angus Council | 373,135 |
Argyll and Bute Council | 263,669 |
Clackmannanshire Council | 227,522 |
Comhairle Nan Eilean Siar Council | 67,746 |
Dumfries and Galloway Council | 550,517 |
Dundee City Council | 777,001 |
East Ayrshire Council | 518,581 |
East Dunbartonshire Council | 213,506 |
East Lothian District Council | 323,700 |
East Renfrewshire Council | 176,089 |
City of Edinburgh Council | 1,726,230 |
Falkirk District Council | 549,236 |
Fife Council | 1,347,783 |
Glasgow City Council | 3,804,319 |
Highland Council | 661,070 |
Inverclyde District Council | 397,668 |
Midlothian Council | 289,469 |
Moray Council | 250,247 |
North Ayrshire Council | 680,462 |
North Lanarkshire Council | 1,417,602 |
Orkney Islands Council | 61,299 |
Perth and Kinross Council | 373,389 |
Renfrewshire Council | 694,515 |
Scottish Borders Council | 369,827 |
Shetland Islands Council | 52,957 |
South Ayrshire Council | 437,418 |
South Lanarkshire Council | 1,143,290 |
Stirling Council | 250,429 |
West Dunbartonshire Council | 534,025 |
West Lothian Council | 684,285] |
Article 12(1)(c)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 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)
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)
Textual Amendments
F4Sch. 1ZB substituted (with effect in accordance with art. 2(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022 (S.I. 2022/983), art. 1(1), Sch. 2
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.
2. The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2022 is the amount specified for that authority in the Housing Benefit Circular HB S8/2022 first published by the Department for Work and Pensions on 17th June 2022.
3. An authority must use the additional amount received under paragraph 2 in connection with relevant activities.]
Article 12(1)(bzb)
Textual Amendments
F5Sch. 1ZC substituted (with effect in accordance with art. 2(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022 (S.I. 2022/983), art. 1(1), Sch. 3
1. In this Schedule—
“HBAAI” means the Housing Benefit Award Accuracy Initiative set out in Housing Benefit Circular HB A6/2021 first published by the Department for Work and Pensions on 14th May 2021;
“relevant activities” means activities carried out by authorities in connection with administering the HBAAI.
2. The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2021 is the amount (if any) specified for that authority in the following Housing Benefit Circulars published by the Department for Work and Pensions—
(a)HB S8/2021 (revised), first published on 27th April 2021 and updated on 16th July 2021;
(b)HB S9/2021, first published on 23rd July 2021;
(c)HB S11/2021, first published on 22nd October 2021.
3. An authority must use any additional amount received under paragraph 2 in connection with relevant activities.]
Article 12(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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)
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 [F9paragraph 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)
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 [F10regulation 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 [F11paragraph 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 )
[F126. Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F13regulation 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 )
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 F15... the claim-related rent F16..., less ineligible amounts,
the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be [F17100 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)
F15Words in Sch. 4 para. 7(b) omitted (31.10.2021) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 14(a)
F16Words in Sch. 4 para. 7(b) omitted (31.10.2021) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 14(b)
F17 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.—[F18(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 F19... the claim-related rent F20..., 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 [F21100 per cent]. of the qualifying expenditure which remains after deducting the excess.
Textual Amendments
F18 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)
F19Words in Sch. 4 para. 8(b) omitted (31.10.2021) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 14(a)
F20Words in Sch. 4 para. 8(b) omitted (31.10.2021) by virtue of The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 14(b)
F21 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)
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 [F22100 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 [F22100 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 [F22100 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 [F22100 per cent]. of the qualifying expenditure which remains after deducting the excess.
[F23(6) This paragraph does not apply where a rent officer determines a claim-related rent.]
Textual Amendments
F22 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)
F23 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)
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 [F24Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3, as in force on 5th October 1997.
Textual Amendments
F24 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 .
F2511. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25 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)
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 [F26regulation 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 [F27regulation 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 [F28regulation 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;
[F29(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
F26 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 )
F27 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 )
F28 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 )
F29 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)
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.
F3014. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S
Textual Amendments
F30 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 [F31regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F32100 per cent]. of the eligible rent less ineligible amounts.E+W+S
Textual Amendments
F31 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 )
F32 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)
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 [F33regulation 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
F33 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 )
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 [F34paragraph 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 F35... charges);
[F36“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—
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;
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;
[F37in a case where a rent officer has determined a claim-related rent, that rent;]
[F38“ineligible amounts” means—
in a case where the rent officer has determined a claim-related rent—
any amount in respect of amounts ineligible to be met by housing benefit under [F39paragraph 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);
[F40where 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)—
paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or
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;]
in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—
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 [F41under 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);
any amount in respect of amounts ineligible to be met by housing benefit under [F42paragraph 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);
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 [F43paragraph 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 [F44paragraph 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 [F45and (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
F34 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(j)(i) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F35 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)
F36 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)
F37 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)
F38 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)
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)(aa) 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)(bb) 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)(cc) 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)(dd) Sch. 2 para. 13(10)(j)(ii) (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)(ee) Sch. 2 para. 13(10)(j)(ii) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )
F44 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 )
F45 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 )
Textual Amendments
F46 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
Textual Amendments
F47Sch. 4A substituted (with effect in accordance with art. 2(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022 (S.I. 2022/983), art. 1(1), Sch. 4
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).
2.—(1) This paragraph applies in relation to the relevant year if—
(a)the authority is specified in the Table in paragraph 4 for that year, and
(b)O + P is less than Q where—
O is the amount specified in column 1 of that Table for the authority;
P is the guideline rent increase specified in column 2 of that Table for the authority;
Q is the average weekly rent for a dwelling for the authority for the relevant year.
(2) For the purposes of determining Q in sub-paragraph (1)(b), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA, disregarding any unoccupied dwelling.
3.—(1) The amount of the deduction from subsidy referred to in article 20A(2) is to be calculated as follows—
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.
If the result of Step 1—
(a)does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—
(i)deduct (O + P) from Q (see paragraph 2);
(ii)divide the result of paragraph (a)(i) by Q;
(iii)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (a)(ii));
(b)exceeds the rebate proportion for the relevant year—
(i)deduct (O + P) from Q (see paragraph 2);
(ii)divide the result of paragraph (b)(i) by Q;
(iii)divide the rebate proportion (see sub-paragraph (2)) by the result of Step 1;
(iv)multiply the result of paragraph (b)(ii) by the result of paragraph (b)(iii);
(v)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b)(iv).
(2) The rebate proportion for the purposes of sub-paragraph (1) for the relevant year beginning with 1st April 2022 is 0.528.
4. The amounts for the relevant year beginning with 1st April 2022 for the purposes of paragraph 2 are as follows—
Local authority | (1) Specified amount “O” (£) | (2) Guideline rent increase “P” (£) |
---|---|---|
Caerphilly County Borough Council | 101.42 | 3.14 |
Cardiff City Council | 114.24 | 3.54 |
Carmarthenshire County Council | 100.60 | 3.12 |
Denbighshire County Council | 100.88 | 3.59 |
Flintshire County Council | 104.52 | 5.04 |
Isle of Anglesey County Council | 100.10 | 4.99 |
Pembrokeshire County Council | 103.60 | 3.42 |
Powys County Council | 104.19 | 3.23 |
Swansea City Council | 101.62 | 3.15 |
Vale of Glamorgan Council | 112.09 | 5.15 |
Wrexham Council | 103.33 | 4.49] |
Articles 13 and 21
Textual Amendments
F48Sch. 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
F49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F49 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
Textual Amendments
F50 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
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.
2.—(1) An authority[F51, 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[F51, 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
F51Words 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)
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[F52, reporting accountants] or auditors to use intermediaries in connection with those matters.
Textual Amendments
F52Words 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)
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.
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.
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.
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
Textual Amendments
F53 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
Textual Amendments
F54 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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