The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011

Amendment of Part 3 of the 1998 Order having effect from 1st April 2011

4.—(1) Part 3 (calculation of subsidy) of the 1998 Order is amended as follows.

(2) In article 11(1) (interpretation of Part 3) after the definition of “the Community Charge Benefits Regulations” insert—

““the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006(1);”.

(3) In article 16(2) (treatment of high rents in rent allowance cases) omit paragraph (4)(b).

(4) In article 17A(3) (subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation), in paragraph (3)(a) after “Order” insert “(as in force on 1st January 2011)”.

(5) In article 17B(4) (subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodation) at the end of paragraph (1) add—

• “and

(d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.”.

(6) In article 17C (subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation)—

(a) at the end of paragraph (1) add—

• “and

(d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.”; and

(b) in paragraph (3)(a) after “Order” insert “(as in force on 1st January 2011)”.

(7) In article 18(5) (additions to subsidy)—

(a) at the end of paragraph (1) add—

“(f) where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 19 (deductions made in calculating subsidy) was a payment on account overpayment, 100 per cent. of so much of the overpayment as has not been recovered by the authority.”;

(b) in paragraph (2)—

(i) omit sub-paragraph (c); and

(ii) after sub-paragraph (d) add—

• “or

(e) a payment on account overpayment.”;

(c) for paragraph (7) substitute—

“(7) Subject to paragraph (7A), in paragraph (2)(b) “technical overpayment” means an overpayment which occurs as a result of—

(a) a rebate or council tax benefit being awarded and entitlement to that rebate or benefit being reduced or eliminated because, subsequent to that award, the liability in respect of which the rebate or benefit was awarded was reduced or eliminated; or

(b) council tax benefit being awarded and entitlement to that benefit being reduced or eliminated because, subsequent to that award, there was a change of circumstances that does not fall within paragraph (a).

(7A) A technical overpayment does not include any part of the overpayment occurring—

(a) in a case to which paragraph (7)(a) applies, before the day on which the liability was reduced or eliminated; or

(b) in a case to which paragraph (7)(b) applies, before the day on which the authority suspended, revised or superseded the award, whichever is earliest.

(7B) In paragraphs (1)(f) and (2)(e), “payment on account overpayment” means an amount paid on account under regulation 93 of the Housing Benefit Regulations or regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.”.

(1)

S.I. 2006/217.

(2)

Article 16(4) was amended by S.I. 2006/217.

(3)

Article 17A was inserted by S.I. 2009/2580 and amended by S.I. 2010/2481 and 2010/2509.

(4)

Articles 17B and 17C were inserted by S.I. 2010/2509.

(5)

Article 18(1)(e) was substituted and article 18(2)(d) inserted by S.I. 2010/2481. Article 18(1) was also amended by S.I. 2000/1091, 2002/3116, 2003/3179, 2006/54 and 2010/2481.