The Income-related Benefits (Subsidy to Authorities) Amendment Order 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (S.I. 1998/562) (“the principal Order”) which provides for subsidy to be payable to authorities administering housing benefit and council tax benefit.

Section 140F(2) of the Social Security Administration Act 1992 (c. 5) authorises the varying of an Order before, during or after the year to which it relates and section 140C(4) of that Act authorises the making of an Order before, during or after the end of the year to which it relates. Apart from article 10, the amendments made by this Order have effect from 1st April 2002.

Article 2 amends the date by which authorities must make their final claim for subsidy.

Articles 3, 6(3) to (5) and 7(2) to (5) amend some of the rates at which subsidy is paid, including the rates in respect of homeless and short lease rebate cases (article 6) and the additions to be made to subsidy where housing benefit has been overpaid (article 7).

Articles 4, 6(2) and (6) and 7(5) remove references to Scottish Homes to whom subsidy is no longer paid.

Articles 5, 7(7) and (8) and 8(b) make consequential amendments.

Article 7(6) amends the definition of “departmental error overpayment” in article 18(4) of the principal Order.

Article 8(a) amends the deductions to be made from subsidy for a claimant error overpayment.

Articles 9 and 11 substitute new tables of figures in Schedules 1 and 4 to the principal Order to be used in calculating subsidy entitlement.

Article 10 makes a small remedial amendment to the subsidy due to Ashfield Council for the year commencing on 1st April 2001.

Article 12 amends the method by which the benefit saving threshold is calculated under Schedule 1 to the principal Order.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.