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

Article 12(1)(b)

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

Textual Amendments

F1 Sch. 1 substituted (with effect in accordance with art. 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

Relevant Year 2021-2022

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)

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

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

Textual Amendments

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

Article 12(1)(ba)

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

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

Textual Amendments

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

Article 12(1)(bza)

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

Textual Amendments

F4 Sch. 1ZB substituted (with effect in accordance with art. 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

Interpretation E+W+S

1.   In this Schedule—

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

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

Additional amount: relevant year beginning with 1st April 2022 E+W+S

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.

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

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

Article 12(1)(bzb)

[F5 SCHEDULE 1ZC E+W+S Additional amount of subsidy: Housing Benefit Award Accuracy Initiative

Textual Amendments

F5 Sch. 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

Interpretation E+W+S

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.

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

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.

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

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

Article 12(b)

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

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

Textual Amendments

F6 Sch. 2 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(2)

Article 13(3)

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

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

Textual Amendments

F7 Sch. 3 omitted (with effect in accordance with art. 1(2) of the commencing S.I.) by virtue of Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(3)

Articles 13(1) and 16

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

F8 PART I E+W+S REGULATED TENANCIES

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

Textual Amendments

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

PART II E+W+S RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amount E+W+S

2.  The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with [F9 paragraph 6, 7, 8 or 9] as appropriate.

Textual Amendments

F9 Words in Sch. 4 para. 2 substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) , arts. 1(1) , 5(2)

Rent officers’ determinations E+W+S

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

4.  This Part also applies in a case where the dwelling A is in a hostel and, by virtue of [F10 regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations] (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A. E+W+S

Textual Amendments

F10 Words in Sch. 4 para. 4 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(a) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )

5.  This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of [F11 paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations] (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy. E+W+S

Textual Amendments

F11 Words in Sch. 4 para. 5 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(b) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )

[F12 6.   Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F13 regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) to apply for a determination in relation to a dwelling, but the appropriate amount shall be nil if the authority fails to apply for that determination— E+W+S

(a) during the relevant year; or

(b) as soon as possible thereafter but before the date of the due date for the submission of the final subsidy claim for the relevant year.]

Textual Amendments

F12 Sch. 4 para. 6 substituted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 4(4)(b)

F13 Words in Sch. 4 para. 6 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(c) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )

[F14 Rent officers' property-specific rent and claim-related rent E+W+S

7.   Where the rent officer either—

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

(b) determines a claim-related rent and the amount of eligible rent does not exceed 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 [F17 100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

Textual Amendments

F14 Sch. 4 para. 7 substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(2)

F15 Words in Sch. 4 para. 7(b) 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)

F16 Words 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 [F21 100 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)

F19 Words 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)

F20 Words 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)

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

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

(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be [F22 100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.

(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be [F22 100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.

(4) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—

(a) where the allowance is the same as or is less than the excess—

(i) except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess the appropriate amount shall be—

(i) except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case [F22 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—

(a) where the allowance is the same as or is less than the excess—

(i) except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess the appropriate amount shall be—

(i) except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case [F22 100 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)

Restriction on unreasonable rents or on rent increases E+W+S

10.  This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A) M1 , (4), as in force on 1st January 1996, or 12(2) M2 of the [F24 Housing 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 .

Payments on account of rent allowance E+W+S

F25 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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)

Relevant date E+W+S

12.  For the purposes of this Part—

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

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

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

(i) there has been a change relating to a rent allowance within the meaning of [F26 regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations]; and

(ii) by virtue of [F27 regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of [F28 regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations] (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;

(d) in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—

(i) if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;

(iii) if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;

[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)

Termination date E+W+S

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

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

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

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

whichever is the earlier date in the relevant year.

PART III E+W+S RECKONABLE RENT CASES

F30 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 [F31 regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F32 100 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)

PART IV E+W+S GENERAL AND INTERPRETATION

Apportionment E+W+S

16.  For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under [F33 regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations] (rent).

Textual Amendments

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 )

Interpretation E+W+S

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

• “appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under [F34 paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (meal 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—

  (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)

  [F37 in a case where a rent officer has determined a claim-related rent, that rent;]

• [F38 “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 [F39 paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);

  (ii)

  [F40 where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—

  (aa)

  paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or

  (bb)

  paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;]

  (b)

  in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—

  (i)

  any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met [F41 under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (payments in respect of fuel charges);

  (ii)

  any amount in respect of amounts ineligible to be met by housing benefit under [F42 paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);

  (iii)

  where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under [F43 paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs].]

• “property-specific rent", except as provided in the definition of “property-specific rent less ineligible amounts" below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;

• “property-specific rent less ineligible amounts" has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under [F44 paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (ineligible service charges for food and fuel), as the case may be (“ineligible payments"), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;

• “size-related rent" means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,

and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule [F45 and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations] shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.

(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.

(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—

(a) the terms of the tenancy of a dwelling; or

(b) the size or composition of the household occupying that dwelling,

which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.

Textual Amendments

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 )

[F46 PART V E+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

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

[F47 SCHEDULE 4A E+W+S RENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS): AUTHORITIES IN WALES

Textual Amendments

F47 Sch. 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

Interpretation E+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 deduction E+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;

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 deduction E+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—

(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.

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

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

[F48 SCHEDULE 5 E+W+S BENEFIT SAVINGS

Textual Amendments

F48 Sch. 4A Pt. 5 substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), art. 1(1), Sch. 4

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

[F50 SCHEDULE 6 E+W+S ELECTRONIC COMMUNICATIONS

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

PART 1 E+W+S INTERPRETATION

Interpretation E+W+S

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

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

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

2.— (1) An authority[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

F51 Words in Sch. 6 para. 2 inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(a)

Use of intermediaries E+W+S

3   The Secretary of State may—

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

(b) require authorities[F52 , reporting accountants] or auditors to use intermediaries in connection with those matters.

Textual Amendments

F52 Words in Sch. 6 para. 3(b) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 5(9)(b)

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

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

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

(a) by or under this Schedule; and

(b) by or under Part II of this Order

are satisfied.

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

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

Proof of identify of sender or recipient of information E+W+S

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

Proof of delivery of information E+W+S

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

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

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

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

Proof of content of information E+W+S

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

Article 17A

[F53 SCHEDULE 7 E+W+S Authorities in London

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

[F54 SCHEDULE 8 E+W+S Broad rental market areas in London

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]]