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 2024 (S.I. 2024/1092), art. 1(1), Sch.

Relevant Year 2023-2024

Local authority	Administration subsidy (£)
England
Adur District Council	144,908
Amber Valley Borough Council	295,394
Arun District Council	365,742
Ashfield District Council	331,126
Ashford Borough Council	309,360
Babergh District Council	179,042
London Borough of Barking and Dagenham	809,485
London Borough of Barnet	1,281,592
Barnsley Borough Council	829,214
Basildon District Council	557,100
Basingstoke and Deane District Council	348,402
Bassetlaw District Council	300,656
Bath and North East Somerset Council	431,208
Bedford Borough Council	480,628
London Borough of Bexley	548,449
Birmingham City Council	5,164,131
Blaby District Council	138,695
Blackburn with Darwen Borough Council	498,286
Blackpool Borough Council	708,058
Bolsover District Council	219,452
Bolton Metropolitan Borough Council	932,725
Boston Borough Council	170,745
Bournemouth, Christchurch and Poole Council	1,150,485
Bracknell Forest Borough Council	241,442
Bradford Metropolitan Borough Council	1,551,473
Braintree District Council	339,986
Breckland District Council	294,472
London Borough of Brent	1,376,000
Brentwood District Council	125,128
Brighton and Hove Council	1,033,579
Bristol City Council	1,460,137
Broadland District Council	188,381
London Borough of Bromley	752,016
Bromsgrove District Council	153,660
Broxbourne Borough Council	244,426
Broxtowe Council	220,846
Buckinghamshire Council	893,783
Burnley Borough Council	369,524
Bury Metropolitan Borough Council	513,824
Calderdale Borough Council	670,025
Cambridge City Council	292,879
London Borough of Camden	1,261,354
Cannock Chase District Council	233,874
Canterbury City Council	361,597
Castle Point District Council	163,447
Central Bedfordshire Council	480,476
Charnwood Borough Council	308,215
Chelmsford Borough Council	328,230
Cheltenham Borough Council	269,878
Cherwell District Council	294,957
Cheshire East Council	758,734
Cheshire West and Chester Council	886,577
Chesterfield Borough Council	363,786
Chichester District Council	256,384
Chorley Borough Council	249,483
City of London	48,369
Colchester Borough Council	412,355
Cornwall Council	1,574,511
Cotswold District Council	166,729
Coventry City Council	996,150
Crawley Borough Council	348,831
London Borough of Croydon	1,598,030
Cumberland Council	764,941
Dacorum Borough Council	364,088
Darlington Borough Council	362,930
Dartford Borough Council	227,626
Derby City Council	755,983
Derbyshire Dales District Council	122,265
Doncaster Metropolitan Borough Council	1,004,663
Dorset Council	848,663
Dover District Council	358,499
Dudley Metropolitan Borough Council	910,408
Durham County Council	1,911,380
London Borough of Ealing	1,369,183
East Cambridgeshire District Council	154,853
East Devon District Council	275,092
East Hampshire District Council	175,869
East Hertfordshire District Council	254,040
East Lindsey District Council	436,740
East Riding of Yorkshire Council	654,419
East Staffordshire Borough Council	223,782
East Suffolk Council	642,053
Eastbourne Borough Council	382,151
Eastleigh Borough Council	250,317
Elmbridge Borough Council	232,988
London Borough of Enfield	1,555,662
Epping Forest District Council	256,158
Epsom and Ewell Borough Council	137,274
Erewash Borough Council	305,845
Exeter City Council	327,370
Fareham Borough Council	158,750
Fenland District Council	257,018
Folkestone and Hythe District Council	325,328
Forest of Dean District Council	200,922
Fylde Borough Council	182,691
Gateshead Borough Council	822,273
Gedling Borough Council	225,562
Gloucester City Council	346,805
Gosport Borough Council	222,568
Gravesham Borough Council	254,666
Great Yarmouth Council	424,618
Royal Borough of Greenwich	1,276,611
Guildford Borough Council	228,416
London Borough of Hackney	1,819,435
Halton Borough Council	538,156
London Borough of Hammersmith and Fulham	1,015,587
Harborough District Council	125,448
London Borough of Haringey	1,339,619
Harlow District Council	329,327
Harrow Council	683,194
Hart District Council	106,653
Hartlepool Borough Council	483,998
Hastings Borough Council	451,011
Havant Borough Council	238,594
London Borough of Havering	563,104
Herefordshire Council	397,613
Hertsmere Borough Council	252,665
High Peak Borough Council	197,066
London Borough of Hillingdon	792,555
Hinckley and Bosworth Borough Council	202,564
Horsham District Council	229,219
London Borough of Hounslow	994,808
Huntingdonshire District Council	296,681
Hyndburn Borough Council	288,924
Ipswich Borough Council	445,501
Isle of Wight County Council	427,777
Isles of Scilly Council	1,665
London Borough of Islington	1,420,385
Royal Borough of Kensington and Chelsea	887,564
Kings Lynn and West Norfolk Borough Council	334,032
Hull City Council	1,157,267
Royal Borough of Kingston upon Thames	403,294
Kirklees Metropolitan Borough Council	1,209,669
Knowsley Borough Council	681,210
London Borough of Lambeth	1,786,696
Lancaster City Council	419,726
Leeds City Council	2,307,428
Leicester City Council	1,069,174
Lewes District Council	237,562
London Borough of Lewisham	1,572,555
Lichfield District Council	185,595
City of Lincoln Council	343,586
Liverpool City Council	2,332,089
Luton Borough Council	579,639
Maidstone Borough Council	331,921
Maldon District Council	113,713
Malvern Hills District Council	152,943
Manchester City Council	2,476,116
Mansfield District Council	333,820
Medway Council	688,334
Melton Borough Council	102,554
London Borough of Merton	549,674
Mid Devon District Council	166,124
Mid Suffolk District Council	165,508
Mid Sussex District Council	228,772
Middlesbrough Council	613,164
Milton Keynes Borough Council	712,425
Mole Valley District Council	155,196
New Forest District Council	335,240
Newark and Sherwood District Council	268,110
Newcastle-Under-Lyme Borough Council	283,502
Newcastle City Council	1,274,582
London Borough of Newham	1,522,337
North Devon District Council	245,243
North East Derbyshire District Council	251,233
North East Lincolnshire Council	545,770
North Hertfordshire District Council	260,480
North Kesteven District Council	193,994
North Lincolnshire Council	449,117
North Norfolk District Council	238,470
North Northamptonshire Council	783,180
North Somerset Council	534,110
North Tyneside Borough Council	690,226
North Warwickshire District Council	136,700
North West Leicestershire District Council	190,374
North Yorkshire Council	1,290,458
Northumberland County Council	863,396
Norwich City Council	564,906
Nottingham City Council	1,247,930
Nuneaton and Bedworth Borough Council	360,424
Oadby and Wigston Borough Council	84,950
Oldham Borough Council	827,391
Oxford City Council	416,431
Pendle Borough Council	240,365
Peterborough City Council	625,781
Plymouth City Council	922,281
Portsmouth City Council	788,243
Preston Borough Council	451,261
Reading Borough Council	509,420
London Borough of Redbridge	816,091
Redcar and Cleveland Borough Council	497,549
Redditch Borough Council	238,813
Reigate and Banstead Borough Council	264,684
Ribble Valley Borough Council	80,868
London Borough of Richmond upon Thames	417,605
Rochdale Borough Council	820,951
Rochford District Council	126,896
Rossendale Borough Council	182,365
Rother District Council	239,115
Rotherham Borough Council	852,514
Rugby Borough Council	242,121
Runnymede Borough Council	154,119
Rushcliffe Borough Council	157,285
Rushmoor Borough Council	250,951
Rutland County Council	62,294
Salford City Council	1,057,752
Sandwell Metropolitan Borough Council	1,104,077
Sefton Metropolitan Borough Council	959,220
Sevenoaks District Council	220,052
Sheffield City Council	1,753,447
Shropshire Council	660,361
Slough Borough Council	447,544
Solihull Metropolitan Borough Council	505,172
Somerset Council	1,445,793
South Cambridgeshire District Council	221,248
South Derbyshire District Council	159,711
South Gloucestershire Council	450,072
South Hams District Council	187,124
South Holland District Council	176,989
South Kesteven District Council	303,297
South Norfolk District Council	227,293
South Oxfordshire District Council	223,637
South Ribble Borough Council	198,807
South Staffordshire District Council	207,288
South Tyneside Council	700,264
Southampton City Council	927,932
Southend-on-Sea City Council	626,918
London Borough of Southwark	1,824,889
Spelthorne Borough Council	199,810
St Albans District Council	252,832
St Helens Borough Council	633,266
Stafford Borough Council	230,594
Staffordshire Moorlands District Council	144,884
Stevenage Borough Council	254,782
Stockport Borough Council	668,915
Stockton-on-Tees Borough Council	605,541
Stoke-on-Trent City Council	880,663
Stratford-on-Avon District Council	249,431
Stroud District Council	231,588
Sunderland City Council	1,174,141
Surrey Heath Borough Council	124,617
London Borough of Sutton	611,187
Swale Borough Council	410,459
Swindon Borough Council	588,165
Tameside Metropolitan Borough Council	827,048
Tamworth Borough Council	195,326
Tandridge District Council	169,459
Teignbridge District Council	297,039
Telford and Wrekin Council	552,361
Tendring District Council	462,861
Test Valley Borough Council	233,413
Tewkesbury Borough Council	175,660
Thanet District Council	547,404
Three Rivers Council	175,378
Thurrock Borough Council	450,178
Tonbridge and Malling District Council	246,761
Torbay Council	487,377
Torridge District Council	161,815
London Borough of Tower Hamlets	1,818,079
Trafford Metropolitan Borough Council	563,786
Tunbridge Wells Borough Council	225,164
Uttlesford District Council	142,958
Vale of White Horse District Council	222,944
Wakefield Council	1,053,254
Walsall Borough Council	917,774
London Borough of Waltham Forest	899,163
London Borough of Wandsworth	1,257,535
Warrington Borough Council	537,006
Warwick District Council	250,094
Watford Borough Council	256,034
Waverley Borough Council	201,040
Wealden District Council	246,370
Welwyn Hatfield District Council	325,673
West Berkshire Council	310,174
West Devon Borough Council	117,292
West Lancashire District Council	280,411
West Lindsey District Council	228,035
West Northamptonshire Council	808,288
West Oxfordshire District Council	191,155
West Suffolk Council	366,046
City of Westminster	1,251,108
Westmorland and Furness Council	446,532
Wigan Council	981,046
Wiltshire Council	991,414
Winchester City Council	223,686
Royal Borough of Windsor and Maidenhead	256,381
Wirral Borough Council	1,190,388
Woking Borough Council	185,741
Wokingham District Council	192,377
Wolverhampton City Council	984,198
Worcester City Council	246,778
Worthing Borough Council	281,317
Wychavon District Council	245,415
Wyre Borough Council	278,034
Wyre Forest District Council	271,852
City of York Council	381,258
Wales
Blaenau Gwent County Borough Council	300,229
Bridgend County Borough Council	453,123
Caerphilly County Borough Council	601,312
Cardiff City Council	1,211,618
Carmarthenshire County Council	498,388
Ceredigion Council	180,275
Conwy County Borough Council	337,206
Denbighshire County Council	334,695
Flintshire County Council	409,718
Gwynedd Council	299,890
Isle of Anglesey County Council	197,052
Merthyr Tydfil Borough Council	222,092
Monmouthshire County Council	214,478
Neath Port Talbot County Borough Council	574,560
Newport City Council	562,162
Pembrokeshire County Council	359,788
Powys County Council	316,553
Rhondda-Cynon-Taff County Borough Council	733,133
Swansea City Council	886,041
Torfaen Borough Council	382,783
Vale of Glamorgan Council	339,533
Wrexham County Borough Council	449,708
Scotland
Aberdeen City Council	606,783
Aberdeenshire Council	446,278
Angus Council	360,519
Argyll and Bute Council	258,916
Clackmannanshire Council	227,517
Comhairle Nan Eilean Siar Council	90,461
Dumfries and Galloway Council	514,471
Dundee City Council	757,569
East Ayrshire Council	507,744
East Dunbartonshire Council	200,826
East Lothian District Council	331,524
East Renfrewshire Council	170,406
City of Edinburgh Council	1,462,219
Falkirk District Council	543,414
Fife Council	1,319,958
Glasgow City Council	3,438,326
Highland Council	669,091
Inverclyde District Council	400,434
Midlothian Council	289,515
Moray Council	228,786
North Ayrshire Council	656,828
North Lanarkshire Council	1,349,991
Orkney Islands Council	51,915
Perth and Kinross Council	354,552
Renfrewshire Council	663,257
Scottish Borders Council	349,100
Shetland Islands Council	45,423
South Ayrshire Council	422,214
South Lanarkshire Council	1,110,816
Stirling Council	259,851
West Dunbartonshire Council	451,873
West Lothian Council	634,535]

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 (6.11.2023) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023 (S.I. 2023/1040), 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 [F5 1st April 2024] E+W+S

2.   The additional amount of subsidy for an authority for the relevant year beginning with [F6 1st April 2024] is the amount specified for that authority in the [F7 Housing Benefit Circular HB S6/2024 first published by the Department for Work and Pensions on 23rd April 2024].

Textual Amendments

F5 Words in Sch. 1ZB para. 2 heading substituted (with effect in accordance with art. 2(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 7(a)

F6 Words in Sch. 1ZB para. 2 substituted (with effect in accordance with art. 2(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 7(b)

F7 Words in Sch. 1ZB para. 2 substituted (with effect in accordance with art. 2(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 7(c)

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)

[F8 SCHEDULE 1ZC E+W+S Additional amount of subsidy: Housing Benefit Award Accuracy Initiative

Textual Amendments

F8 Sch. 1ZC substituted (6.11.2023) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023 (S.I. 2023/1040), art. 1(1), Sch. 3

Interpretation E+W+S

1.   In this Schedule—

“HBAAI” means the Housing Benefit Award Accuracy Initiative set out in [F9 Housing Benefit Circular HB A4/2023 first published by the Department for Work and Pensions on 4th April 2023];

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

Textual Amendments

F9 Words in Sch. 1ZC para. 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 2024 (S.I. 2024/1092), arts. 1(1), 8(a)

Additional amount: relevant year beginning with [F10 1st April 2023] E+W+S

2.   The additional amount of subsidy for an authority for the relevant year beginning with [F11 1st April 2023] is the amount (if any) specified for that authority in the [F12 Housing Benefit Circular HB S6/2023 first published by the Department for Work and Pensions on 27th April 2023].

Textual Amendments

F10 Words in Sch. 1ZC para. 2 heading substituted (with effect in accordance with art. 2(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 8(b)(i)

F11 Words in Sch. 1ZC para. 2 substituted (with effect in accordance with art. 2(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 8(b)(ii)

F12 Words in Sch. 1ZC para. 2 substituted (with effect in accordance with art. 2(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 8(b)(iii)

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)

F13 SCHEDULE 2 E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS

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

Textual Amendments

F13 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)

F14 SCHEDULE 3 E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

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

Textual Amendments

F14 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

F15 PART I E+W+S REGULATED TENANCIES

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

Textual Amendments

F15 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 [F16 paragraph 6, 7, 8 or 9] as appropriate.

Textual Amendments

F16 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 [F17 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

F17 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 [F18 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

F18 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 )

[F19 6.   Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F20 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

F19 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)

F20 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 )

[F21 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 F22 ... the claim-related rent F23 ..., less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be [F24 100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

Textual Amendments

F21 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)

F22 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)

F23 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)

F24 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.— [F25 (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 F26 ... the claim-related rent F27 ..., 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 [F28 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

Textual Amendments

F25 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)

F26 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)

F27 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)

F28 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 [F29 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 [F29 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 [F29 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 [F29 100 per cent]. of the qualifying expenditure which remains after deducting the excess.

[F30 (6) This paragraph does not apply where a rent officer determines a claim-related rent.]

Textual Amendments

F29 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)

F30 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 [F31 Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3 , as in force on 5th October 1997.

Textual Amendments

F31 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

F32 11.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F32 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 [F33 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 [F34 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 [F35 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;

[F36 (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

F33 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 )

F34 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 )

F35 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 )

F36 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

F37 14.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F37 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 [F38 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], [F39 100 per cent]. of the eligible rent less ineligible amounts. E+W+S

Textual Amendments

F38 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 )

F39 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 [F40 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

F40 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 [F41 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 F42 ... charges);

• [F43 “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)

  [F44 in a case where a rent officer has determined a claim-related rent, that rent;]

• [F45 “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 [F46 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)

  [F47 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 [F48 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 [F49 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 [F50 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 [F51 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 [F52 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

F41 Words in Sch. 4 para. 17(1) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217) , reg. 1(1) , Sch. 2 para. 13(10)(j)(i) (with regs. 2 , 3 , Schs. 3 , Sch. 4 )

F42 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)

F43 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)

F44 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)

F45 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)

F46 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 )

F47 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 )

F48 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 )

F49 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 )

F50 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 )

F51 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 )

F52 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 )

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

F53 18.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F53 Sch. 4 Pt. V omitted (6.11.2023) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023 (S.I. 2023/1040), arts. 1(1), 7

Article 20A

[F54 Schedule 4A E+W+S Rent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales

Textual Amendments

F54 Sch. 4A substituted (6.11.2023) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023 (S.I. 2023/1040), 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 [F55 1st April 2024 is 0.397].

Textual Amendments

F55 Words in Sch. 4A para. 3(2) substituted (with effect in accordance with art. 2(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 9(a)

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

[F56 4.   The amounts for the relevant year beginning with 1st April 2024 for the purposes of paragraph 2 are as follows—

Local authority	(1) Specified amount “O” (£)	(2) Guideline rent increase “P” (£)
Caerphilly County Borough Council	112.66	8.69
Cardiff City Council	127.01	9.93
Carmarthenshire County Council	111.84	8.66
Denbighshire County Council	112.78	8.85
Flintshire County Council	118.06	9.06
Isle of Anglesey County Council	113.43	8.86
Pembrokeshire County Council	114.89	8.46
Powys County Council	115.70	8.81
Swansea City Council	113.19	9.05
Vale of Glamorgan Council	126.03	9.39
Wrexham County Borough Council	116.23	8.94]]

Textual Amendments

F56 Sch. 4A para. 4 substituted (with effect in accordance with art. 2(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 9(b)

Articles 13 and 21

[F57 SCHEDULE 5 E+W+S BENEFIT SAVINGS

Textual Amendments

F57 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

F58    . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F58 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

[F59 SCHEDULE 6 E+W+S ELECTRONIC COMMUNICATIONS

Textual Amendments

F59 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[F60 , 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[F60 , 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

F60 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[F61 , reporting accountants] or auditors to use intermediaries in connection with those matters.

Textual Amendments

F61 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

[F62 SCHEDULE 7 E+W+S Authorities in London

Textual Amendments

F62 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

[F63 SCHEDULE 8 E+W+S Broad rental market areas in London

Textual Amendments

F63 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]]