The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2013 and comes into force on 28th January 2014.

(2) Article 2 and Schedule 1 have effect from 1st April 2012.

(3) Article 3, Schedule 2 and Schedule 3 have effect from 1st April 2013.

(4) In this Order the “1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998(1).

Amendments to the 1998 Order having effect from 1st April 2012

2.—(1) Article 18 (additions to subsidy) of the 1998 Order is amended as follows—

(a) in paragraph (4) after “(4ZA)”(2) insert “or (4ZB)”;

(b) after paragraph (4ZA) insert—

“(4ZB) This paragraph applies to an overpayment where—

(a) during the period beginning on 9th April 2012 and ending on 19th April 2012 (the “specified period”) an authority received a notification through the Automated Transfers to Local Authority System used by the Department for Work and Pensions to provide award data to relevant authorities in respect of a claimant (“the notification”);

(b) the notification received during the specified period was sufficient to require an authority to make a revision or supersession decision on a claimant’s award;

(c) the authority failed to make a revision or supersession decision on the basis of the notification received during the specified period before the next day on which the claimant’s benefit was paid;

(d) the authority’s failure to make a revision or supersession decision before the next day on which the claimant’s benefit was paid resulted in the overpayment; and

(e) the authority made a revision or supersession decision on the claimant’s award, based on the notification received during the specified period, on or before 10th July 2012.”.

(c) in paragraph (6ZA)(3)—

(i) omit “and” at the end of sub-paragraph (b);

(ii) at the end of sub-paragraph (c)(ii) insert “; and”; and

(iii) after sub-paragraph (c) insert—

“(d) paragraph (4ZB) is not applicable.”;

(d) in paragraph (12)(4) after “(4ZA)” insert “, (4ZB)”.

(2) For Schedule 1 (sums to be used in the calculation of subsidy)(5) of the 1998 Order substitute Schedule 1 to this Order.

Amendments to the 1998 Order having effect from 1st April 2013

3.—(1) Article 14 (backdated benefit)(6) of the 1998 Order is amended as follows—

(a) in paragraph (1) for “paragraph (2)” substitute “paragraphs (2) and (3)”;

(b) after paragraph (2) insert—

“(3) This article shall not apply in relation to expenditure in respect of council tax benefit on or after 1st April 2013, even if that expenditure is attributable to a period before that date.”.

(2) For Part 3 of Schedule 4A (Weekly rent limits for purposes of Part 2: Authorities in England)(7) to the 1998 Order substitute Part 3 as set out in Schedule 2 to this Order.

(3) For Part 5 of Schedule 4A (Amounts for purposes of Part 4, paragraph 4: Authorities in Wales)(8) to the 1998 Order substitute Part 5 as set out in Schedule 3 to this Order.

Signed by authority of the Secretary of State for Work and Pensions

Freud

Parliamentary Under-Secretary of State

Department for Work and Pensions

21st November 2013

We consent

Mark Lancaster

Karen Bradley

Two of the Lords Commissioners of Her Majesty’s Treasury

26th November 2013