Statutory Instruments
Social Security
Made
12th October 2015
Laid before Parliament
19th October 2015
Coming into force
9th November 2015
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 140B(1), (3), (4) and (4A), 140F(2) and 189(1), (4), (5) and (7) of the Social Security Administration Act 1992(1).
In accordance with section 189(8) of that Act(2), the Secretary of State has obtained the consent of the Treasury.
In accordance with section 176(1) of that Act(3), the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.
1.—(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 and comes into force on 9th November 2015.
(2) Article 2(4) and Schedule 1 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2014.
(3) Article 2(2) and (3) and article 3 have effect for the purpose of determining subsidy payable for—
(a)the relevant year beginning with 1st April 2014; and
(b)any subsequent relevant year.
(4) Article 4 and Schedules 3 and 4 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2015.
(5) In this Order—
(a)the “1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998(4);
(b)“relevant year” means the period of a year beginning with 1st April in any calendar year, in respect of which a claim for subsidy is made.
2.—(1) The 1998 Order is amended as follows.
(2) In article 12 (amount of subsidy)—
(a)for paragraph (1)(5), substitute—
“(1) Subject to paragraph (2), the amount of an authority’s subsidy for the relevant year is the sum of the following—
(a)the amount of subsidy calculated in accordance with article 13;
(b)for an authority identified in column (1) of Schedule 1 (sums to be used in the calculation of subsidy), the amount in respect of the costs of administering the relevant benefit specified in column (2) of that Schedule for that authority;
(c)for an authority which is a participating authority for the purpose of Schedule 1A (additional amount of subsidy: activities to reduce fraud and error), the additional amount (if any) calculated in accordance with that Schedule; and
(d)for an authority which has modified any part of a scheme it administers in recognition of the operation of a local scheme under section 134(8) of the Act (arrangements for housing benefit), the additional amount calculated in accordance with paragraph (4).”;
(b)in paragraph (4)(6), for “(1)(c)” substitute “(1)(d)”.
(3) In article 13(1) (relevant benefit)(7), for the words from “Subject to” to “paid to an authority” substitute “The amount of subsidy payable under article 12(1)(a)”.
(4) For Schedule 1 (sums to be used in the calculation of subsidy)(8), substitute the Schedule 1 set out in Schedule 1 to this Order.
(5) After Schedule 1 (sums to be used in the calculation of subsidy), insert the Schedule 1A set out in Schedule 2 to this Order.
3.—(1) The 1998 Order is amended as follows.
(2) In article 18 (additions to subsidy), after paragraph (6ZA)(9) insert—
“(6ZB) For the purposes of paragraphs (1)(e) and (2), an “authority error overpayment” or an “administrative delay overpayment” does not include an overpayment of a kind to which paragraphs (6ZC) or (6ZD) apply.
(6ZC) This paragraph applies to an overpayment where—
(a)an authority receives real time information in respect of the overpayment which indicates that the overpayment was caused by the incorrect declaration of PAYE employment income or PAYE pension income by the claimant; and
(b)the authority—
(i)has sufficient real time information to make a revision or supersession decision on the claimant’s award; and
(ii)makes a revision or supersession decision during the period of 4 weeks beginning with the date on which the authority received the real time information.
(6ZD) This paragraph applies to an overpayment where—
(a)an authority receives real time information in respect of the overpayment which indicates that the overpayment was caused by the incorrect declaration of PAYE employment income or PAYE pension income by the claimant;
(b)the authority has insufficient real time information to make a revision or supersession decision;
(c)the authority requests further information from the claimant; and
(d)the authority makes a revision or supersession decision either—
(i)if the additional information is provided during the period of 4 weeks beginning with the date on which the authority received the real time information (“the 4 week period”), by the end of that 4 week period; or
(ii)if the additional information is provided after the 4 week period has ended, by the Monday following the date on which the additional information is received.
(6ZE) For the purposes of paragraphs (6ZC) and (6ZD)—
“PAYE employment income” has the meaning in section 683(2) of the Income Tax (Earnings and Pensions) Act 2003(10);
“PAYE pension income” has the meaning in section 683(3) of the Income Tax (Earnings and Pensions) Act 2003;
“real time information” means information which is reported by a Real Time Information employer or Real Time Information pension payer in respect of the PAYE employment income or PAYE pension income of its employees;
“Real Time Information employer” has the meaning in regulation 2A(1) of the Income Tax (Pay As You Earn) Regulations 2003(11);
“Real Time Information pension payer” has the meaning in regulation 2B(1) of the Income Tax (Pay As You Earn) Regulations 2003(12).”.
4.—(1) The 1998 Order is amended as follows.
(2) In Schedule 4A (rent rebate limitation deductions (Housing Revenue Account Dwellings))(13)—
(a)in Part 2 (England), in paragraph 3 (amount of deduction), for sub-paragraph (3)(14) substitute—
“(3) The rebate proportion for 2015-16 is 0.746.”.
(b)for Part 3 (weekly rent limits for purposes of Part 2: authorities in England)(15), substitute the Part 3 set out in Schedule 3 to this Order.
(c)for Part 5 (amounts for purposes of Part 4, paragraph 4: authorities in Wales)(16), substitute the Part 5 set out in Schedule 4 to this Order.
5.—(1) The 1998 Order is amended as follows.
(2) In article 11 (interpretation of Part 3)—
(a)omit the definition of “the Community Charge Benefits Regulations”;
(b)in the definition of “Overpayment”, omit “excess benefits under the Community Charge Benefits Regulations and”.
(3) In article 18 (additions to subsidy)—
(a)in paragraph (1)(b)(17), omit “community charge benefit or”;
(b)in paragraph (1)(b)(ii), omit “community charge benefit or”;
(c)in paragraph (8)(18)—
(i)omit “community charge benefit or”;
(ii)after “regulation 69 of the Council Tax Benefit Regulations”, for “of” substitute “or”;
(iii)omit “or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made)”.
(4) In paragraph (1)(g)(ii)(19) of article 19 (deductions to be made in calculating subsidy)—
(a)omit “paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989,”;
(b)omit “paragraph (18) of regulation 60 of the Community Charge Benefits Regulations,”.
(5) In article 20 (deduction from subsidy), omit “or community charge benefit”.
Signed by authority of the Secretary of State for Work and Pensions
Freud
Minister of State,
Department for Work and Pensions
12th October 2015
We consent
Charlie Elphicke
Mel Stride
Two of the Lords Commissioners of Her Majesty’s Treasury
12th October 2015
Article 2(4)
Article 12(1)(b)
| Local authority | Administration subsidy(£) |
|---|---|
| England | |
| Adur | 284,754 |
| Allerdale | 501,177 |
| Amber Valley | 583,185 |
| Arun | 779,941 |
| Ashfield | 643,947 |
| Ashford | 571,726 |
| Aylesbury Vale | 702,012 |
| Babergh | 345,186 |
| Barking & Dagenham | 1,636,923 |
| Barnet | 2,473,067 |
| Barnsley | 1,532,037 |
| Barrow in Furness | 389,038 |
| Basildon | 1,044,461 |
| Basingstoke and Deane | 776,222 |
| Bassetlaw | 595,256 |
| Bath & North East Somerset | 814,756 |
| Bedford | 948,233 |
| Bexley | 1,215,949 |
| Birmingham | 8,508,760 |
| Blaby | 298,130 |
| Blackburn with Darwen | 968,286 |
| Blackpool | 1,475,926 |
| Bolsover | 415,646 |
| Bolton | 1,959,127 |
| Boston | 416,763 |
| Bournemouth | 1,336,748 |
| Bracknell Forest | 530,251 |
| Bradford | 3,511,436 |
| Braintree | 720,774 |
| Breckland | 1,041,397 |
| Brent | 3,214,671 |
| Brentwood | 258,757 |
| Brighton and Hove | 2,140,528 |
| Bristol | 3,070,735 |
| Broadland | 398,912 |
| Bromley | 1,538,678 |
| Bromsgrove | 297,939 |
| Broxbourne | 524,955 |
| Broxtowe | 446,491 |
| Burnley | 720,514 |
| Bury | 1,042,153 |
| Calderdale | 1,332,370 |
| Cambridge | 1,321,053 |
| Camden | 2,261,136 |
| Cannock Chase | 529,674 |
| Canterbury | 649,399 |
| Carlisle | 565,516 |
| Castle Point | 389,291 |
| Central Bedfordshire | 983,617 |
| Charnwood | 637,355 |
| Chelmsford | 667,870 |
| Cheltenham | 568,254 |
| Cherwell | 625,784 |
| Cheshire East | 1,551,528 |
| Cheshire West and Chester | 1,616,730 |
| Chesterfield | 655,552 |
| Chichester | 500,992 |
| Chiltern | 302,414 |
| Chorley | 475,240 |
| Christchurch | 224,928 |
| City of London | 112,419 |
| Colchester | 837,311 |
| Copeland | 391,193 |
| Corby | 515,844 |
| Cornwall | 3,032,868 |
| Cotswold | 345,877 |
| Coventry | 2,264,153 |
| Craven | 203,537 |
| Crawley | 699,202 |
| Croydon | 2,856,446 |
| Dacorum | 697,851 |
| Darlington | 680,173 |
| Dartford | 444,100 |
| Daventry | 301,410 |
| Derby | 1,462,960 |
| Derbyshire Dales | 245,188 |
| Doncaster | 2,042,503 |
| Dover | 648,897 |
| Dudley | 1,735,011 |
| Durham | 3,516,220 |
| Ealing | 2,767,856 |
| East Cambridgeshire | 347,152 |
| East Devon | 533,625 |
| East Dorset | 304,494 |
| East Hampshire | 409,887 |
| East Hertfordshire | 525,027 |
| East Lindsey | 996,541 |
| East Northamptonshire | 355,272 |
| East Riding of Yorkshire | 1,511,223 |
| East Staffordshire | 541,138 |
| Eastbourne | 718,346 |
| Eastleigh | 481,390 |
| Eden | 190,446 |
| Elmbridge | 476,105 |
| Enfield | 3,321,185 |
| Epping Forest | 500,782 |
| Epsom and Ewell | 267,945 |
| Erewash | 571,126 |
| Exeter | 677,111 |
| Fareham | 342,647 |
| Fenland | 575,531 |
| Forest Heath | 304,537 |
| Forest of Dean | 408,486 |
| Fylde | 342,842 |
| Gateshead | 1,403,742 |
| Gedling | 543,699 |
| Gloucester | 785,600 |
| Gosport | 547,595 |
| Gravesham | 557,965 |
| Great Yarmouth | 746,627 |
| Greenwich | 2,539,289 |
| Guildford | 545,022 |
| Hackney | 3,653,507 |
| Halton | 971,467 |
| Hambleton | 340,685 |
| Hammersmith and Fulham | 1,773,438 |
| Harborough | 231,518 |
| Haringey | 2,822,038 |
| Harlow | 599,193 |
| Harrogate | 568,878 |
| Harrow | 1,610,470 |
| Hart | 219,116 |
| Hartlepool | 857,534 |
| Hastings | 874,817 |
| Havant | 617,527 |
| Havering | 1,103,182 |
| Herefordshire | 854,590 |
| Hertsmere | 547,490 |
| High Peak | 445,053 |
| Hillingdon | 1,946,913 |
| Hinckley and Bosworth | 442,614 |
| Horsham | 424,177 |
| Hounslow | 1,808,918 |
| Huntingdonshire | 706,549 |
| Hyndburn | 602,613 |
| Ipswich | 874,953 |
| Isle of Wight | 913,466 |
| Isles of Scilly | 4,002 |
| Islington | 2,592,394 |
| Kensington and Chelsea | 1,569,112 |
| Kettering | 472,076 |
| King’s Lynn & West Norfolk | 757,300 |
| Kingston upon Hull | 2,304,697 |
| Kingston upon Thames | 784,272 |
| Kirklees | 2,293,383 |
| Knowsley | 1,370,013 |
| Lambeth | 3,682,708 |
| Lancaster | 693,234 |
| Leeds | 4,816,618 |
| Leicester | 2,370,233 |
| Lewes | 447,980 |
| Lewisham | 3,619,951 |
| Lichfield | 358,575 |
| Lincoln | 678,659 |
| Liverpool | 5,142,181 |
| Luton | 1,252,478 |
| Maidstone | 671,778 |
| Maldon | 244,052 |
| Malvern Hills | 322,604 |
| Manchester | 5,059,228 |
| Mansfield | 630,780 |
| Medway | 1,583,173 |
| Melton | 183,679 |
| Mendip | 547,570 |
| Merton | 1,191,601 |
| Mid Devon | 339,385 |
| Mid Suffolk | 289,407 |
| Mid Sussex | 435,328 |
| Middlesbrough | 1,358,751 |
| Milton Keynes | 1,683,413 |
| Mole Valley | 302,144 |
| New Forest | 649,460 |
| Newark and Sherwood | 486,569 |
| Newcastle under Lyme | 600,250 |
| Newcastle upon Tyne | 2,241,200 |
| Newham | 2,820,834 |
| North Devon | 528,165 |
| North Dorset | 266,754 |
| North East Derbyshire | 421,289 |
| North East Lincolnshire | 1,229,616 |
| North Hertfordshire | 652,247 |
| North Kesteven | 389,523 |
| North Lincolnshire | 978,702 |
| North Norfolk | 502,439 |
| North Somerset | 1,131,450 |
| North Tyneside | 1,309,039 |
| North Warwickshire | 268,156 |
| North West Leicestershire | 376,977 |
| Northampton | 1,237,889 |
| Northumberland | 1,733,828 |
| Norwich | 1,140,295 |
| Nottingham | 2,716,639 |
| Nuneaton and Bedworth | 672,465 |
| Oadby and Wigston | 186,662 |
| Oldham | 1,591,694 |
| Oxford | 866,931 |
| Pendle | 686,031 |
| Peterborough | 1,410,857 |
| Plymouth | 1,871,444 |
| Poole | 675,314 |
| Portsmouth | 1,610,753 |
| Preston | 891,223 |
| Purbeck | 198,750 |
| Reading | 1,072,266 |
| Redbridge | 1,469,399 |
| Redcar and Cleveland | 1,024,148 |
| Redditch | 442,083 |
| Reigate and Banstead | 559,459 |
| Ribble Valley | 171,545 |
| Richmond upon Thames | 833,212 |
| Richmondshire | 179,454 |
| Rochdale | 1,625,820 |
| Rochford | 284,210 |
| Rossendale | 390,540 |
| Rother | 450,948 |
| Rotherham | 1,560,314 |
| Rugby | 462,361 |
| Runnymede | 333,932 |
| Rushcliffe | 336,256 |
| Rushmoor | 537,580 |
| Rutland | 121,121 |
| Ryedale | 230,158 |
| Salford | 2,185,282 |
| Sandwell | 2,401,630 |
| Scarborough | 778,061 |
| Sedgemoor | 761,108 |
| Sefton | 1,767,590 |
| Selby | 312,927 |
| Sevenoaks | 431,312 |
| Sheffield | 3,303,293 |
| Shepway | 649,204 |
| Shropshire | 1,314,715 |
| Slough | 1,025,162 |
| Solihull | 878,035 |
| South Bucks | 225,930 |
| South Cambridgeshire | 417,407 |
| South Derbyshire | 314,371 |
| South Gloucestershire | 1,139,200 |
| South Hams | 373,595 |
| South Holland | 396,146 |
| South Kesteven | 578,537 |
| South Lakeland | 353,891 |
| South Norfolk | 480,960 |
| South Northamptonshire | 239,409 |
| South Oxfordshire | 431,521 |
| South Ribble | 439,749 |
| South Somerset | 799,943 |
| South Staffordshire | 392,342 |
| South Tyneside | 1,189,042 |
| Southampton | 1,740,509 |
| Southend on Sea | 1,228,568 |
| Southwark | 3,393,874 |
| Spelthorne | 400,657 |
| St Albans | 438,737 |
| St Edmundsbury | 468,715 |
| St Helens | 1,271,078 |
| Stafford | 499,237 |
| Staffordshire Moorlands | 346,535 |
| Stevenage | 520,529 |
| Stockport | 1,349,722 |
| Stockton on Tees | 1,313,851 |
| Stoke on Trent | 1,736,182 |
| Stratford on Avon | 462,107 |
| Stroud | 412,415 |
| Suffolk Coastal | 457,172 |
| Sunderland | 2,321,230 |
| Surrey Heath | 279,347 |
| Sutton | 1,064,597 |
| Swale | 797,204 |
| Swindon | 1,094,024 |
| Tameside | 1,662,183 |
| Tamworth | 362,616 |
| Tandridge | 294,770 |
| Taunton Deane | 563,703 |
| Teignbridge | 630,956 |
| Telford and Wrekin | 1,155,166 |
| Tendring | 962,953 |
| Test Valley | 472,871 |
| Tewkesbury | 336,178 |
| Thanet | 1,187,246 |
| Three Rivers | 366,779 |
| Thurrock | 901,153 |
| Tonbridge and Malling | 498,407 |
| Torbay | 1,137,906 |
| Torridge | 346,342 |
| Tower Hamlets | 3,881,970 |
| Trafford | 1,120,495 |
| Tunbridge Wells | 484,158 |
| Uttlesford | 233,691 |
| Vale of White Horse | 436,295 |
| Wakefield | 2,385,884 |
| Walsall | 2,137,228 |
| Waltham Forest | 2,179,682 |
| Wandsworth | 2,447,476 |
| Warrington | 1,106,189 |
| Warwick | 500,996 |
| Watford | 558,973 |
| Waveney | 697,149 |
| Waverley | 399,571 |
| Wealden | 490,517 |
| Wellingborough | 454,598 |
| Welwyn Hatfield | 600,855 |
| West Berkshire | 627,091 |
| West Devon | 248,374 |
| West Dorset | 434,912 |
| West Lancashire | 526,857 |
| West Lindsey | 458,111 |
| West Oxfordshire | 400,185 |
| West Somerset | 223,522 |
| Westminster | 2,421,284 |
| Weymouth and Portland | 455,164 |
| Wigan | 1,902,188 |
| Wiltshire | 2,018,760 |
| Winchester | 399,358 |
| Windsor and Maidenhead | 519,042 |
| Wirral | 2,234,386 |
| Woking | 398,109 |
| Wokingham | 349,850 |
| Wolverhampton | 1,977,115 |
| Worcester | 569,566 |
| Worthing | 549,408 |
| Wychavon | 466,328 |
| Wycombe | 724,691 |
| Wyre | 623,117 |
| Wyre Forest | 561,741 |
| York | 857,005 |
| Wales | |
| Blaenau Gwent | 589,022 |
| Bridgend | 841,844 |
| Caerphilly | 1,045,589 |
| Cardiff | 2,110,111 |
| Carmarthenshire | 929,120 |
| Ceredigion | 356,359 |
| Comhairle nan Eilean Siar | 164,602 |
| Conwy | 659,748 |
| Denbighshire | 568,170 |
| Flintshire | 719,672 |
| Gwynedd | 653,200 |
| Isle of Anglesey | 376,828 |
| Merthyr Tydfil | 436,505 |
| Monmouthshire | 374,298 |
| Neath Port Talbot | 949,055 |
| Newport | 1,000,697 |
| Orkney | 104,606 |
| Pembrokeshire | 610,934 |
| Powys | 598,917 |
| Rhondda Cynon Taf | 1,493,363 |
| Shetland | 83,170 |
| Swansea | 1,442,129 |
| Torfaen | 662,896 |
| Vale of Glamorgan | 634,724 |
| Wrexham | 722,474 |
| Scotland | |
| Aberdeen | 994,590 |
| Aberdeenshire | 898,607 |
| Angus | 617,253 |
| Argyll and Bute | 505,935 |
| Clackmannanshire | 340,673 |
| Dumfries and Galloway | 967,125 |
| Dundee | 1,284,890 |
| East Ayrshire | 879,320 |
| East Dunbartonshire | 374,426 |
| East Lothian | 542,696 |
| East Renfrewshire | 264,620 |
| Edinburgh | 2,843,243 |
| Falkirk | 908,441 |
| Fife | 2,153,895 |
| Glasgow | 6,200,858 |
| Highland | 1,193,433 |
| Inverclyde | 686,325 |
| Midlothian | 488,876 |
| Moray | 396,407 |
| North Ayrshire | 1,073,196 |
| North Lanarkshire | 2,258,213 |
| Perth and Kinross | 694,556 |
| Renfrewshire | 1,216,850 |
| Scottish Borders | 662,940 |
| South Ayrshire | 691,064 |
| South Lanarkshire | 1,807,810 |
| Stirling | 382,704 |
| West Dunbartonshire | 870,085 |
| West Lothian | 1,081,340.” |
Article 2(5)
Article 12(1)(c)
1.—(1) In this Schedule—
“FERIS” means the Fraud and Error Reduction Incentive Scheme in the administration of housing benefit described in the Housing Benefit Circular HB A17/2014(20);
“participating authority” means an authority which notified the Secretary of State on or before 30th January 2015 that it is participating in FERIS;
“performance”, in relation to a period, means the amount by which payments of housing benefit by the participating authority are reduced in that period as a result of relevant activities;
“relevant activities” means activities carried out by a participating authority in order to reduce fraud and error in payments of housing benefit.
(2) A reference in this Schedule to the “administration subsidy” for a participating authority for a relevant year is—
(a)in relation to the relevant year beginning on 1st April 2014, a reference to the amount specified in relation to that authority in—
(i)the Annex to HB Subsidy Circular S8/2013 for authorities in Wales (21);
(ii)the Annex to HB Subsidy Circular S9/2013 for authorities in England (22);
(iii)the Annex to HB Subsidy Circular S10/2013 for authorities in Scotland (23);
(b)in relation to the relevant year beginning on 1st April 2015, a reference to the amount specified in relation to that authority in—
(i)the Annex to HB Subsidy Circular S6/2014 for authorities in Scotland (24);
(ii)the Annex to HB Subsidy Circular S7/2014 for authorities in Wales (25);
(iii)the Annex to HB Subsidy Circular S8/2014 for authorities in England (26).
2.—(1) This paragraph has effect for the purpose of determining the additional amount of subsidy payable under article 12(1)(c) for the relevant year beginning with 1st April 2014.
(2) If the performance of the participating authority in the performance period—
(a)does not exceed the baseline performance of the authority in that period; or
(b)exceeds the baseline performance of the authority in that period by less than 8 per cent.,
there is no additional amount.
(3) Otherwise, the additional amount is determined as follows.
Step 1
Calculate the percentage (“the out-performance percentage”) by which the performance of the authority exceeds its baseline performance in the performance period.
Step 2
Look up the percentage (“the additional amount percentage”) specified in column (2) of the following Table in the row applicable to the authority’s out-performance percentage.
Step 3
Multiply the additional amount percentage by the administration subsidy for the authority for the relevant year.
| Out performance percentage (1) | Additional amount percentage (2) |
|---|---|
| at least 8 per cent. but less than 10 per cent. | 1.75 per cent. |
| at least 10 per cent. but less than 12 per cent. | 2.1 per cent. |
| at least 12 per cent. but less than 14 per cent. | 2.45 per cent. |
| at least 14 per cent. but less than 16 per cent. | 2.8 per cent. |
| at least 16 per cent. but less than 18 per cent. | 3.15 per cent. |
| at least 18 per cent. | 3.5 per cent. |
(4) In this paragraph, “performance period” means the period beginning with 1st December 2014 and ending with 31st March 2015.
(5) References in this paragraph to “the baseline performance” of the authority in the performance period are to the higher of the following amounts—
(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period beginning with 1st December 2013 and ending with 31st March 2014 were reduced as a result of relevant activities;
(b)the average of—
(i)the amount specified in paragraph (a); and
(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period beginning with 1st December 2012 and ending with 31st March 2013 were reduced as a result of relevant activities.
3.—(1) This paragraph and paragraph 4 have effect for the purpose of determining the additional amount of subsidy payable under article 12(1)(c) for the relevant year beginning with 1st April 2015.
(2) The additional amount is determined as follows—
Step 1
Calculate the percentage (“the out-performance percentage”), if any, by which the performance of the authority exceeds its baseline performance in the performance period beginning with 1st April 2015.
Step 2
Look up the percentage (“the additional amount percentage”) specified in column (2) of the following Table in the row applicable to the authority’s out-performance percentage.
Step 3
Multiply the additional amount percentage by the enhanced administration subsidy.
Step 4
Repeat Steps 1 to 3 for each of the other performance periods.
Step 5
Add the amounts determined for each performance period under Step 3.
Step 6
Add the amount, if any, determined under paragraph 4.
| Out-performance percentage (1) | Additional amount percentage (2) |
|---|---|
| less than 10 per cent. | 0 per cent. |
| at least 10 per cent. but less than 12 per cent. | 1.25 per cent. |
| at least 12 per cent. but less than 14 per cent. | 1.5 per cent. |
| at least 14 per cent. but less than 16 per cent. | 1.75 per cent. |
| at least 16 per cent. but less than 18 per cent. | 2 per cent. |
| at least 18 per cent. but less than 20 per cent. | 2.25 per cent. |
| at least 20 per cent. | 2.5 per cent. |
(3) In this paragraph, “performance period” means the period of 3 months beginning with 1st April 2015, 1st July 2015, 1st October 2015 or 1st January 2016.
(4) In sub-paragraph (2), “enhanced administration subsidy” means 110 per cent. of the administration subsidy for the authority for the relevant year.
(5) References in this paragraph to “the baseline performance” of the authority in a performance period are to the amount determined in accordance with sub-paragraphs (6) to (9).
(6) For the performance period beginning with 1st April 2015 the baseline performance is the higher of the following amounts—
(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st April 2014 were reduced as a result of relevant activities;
(b)the average of—
(i)the amount specified in paragraph (a); and
(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st April 2013 were reduced as a result of relevant activities.
(7) For the performance period beginning with 1st July 2015 the baseline performance is the higher of the following amounts—
(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st July 2014 were reduced as a result of relevant activities;
(b)the average of—
(i)the amount specified in paragraph (a); and
(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st July 2013 were reduced as a result of relevant activities.
(8) For the performance period beginning with 1st October 2015 the baseline performance is the higher of the following amounts—
(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st October 2013 were reduced as a result of relevant activities;
(b)the average of—
(i)the amount specified in paragraph (a); and
(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st October 2012 were reduced as a result of relevant activities.
(9) For the performance period beginning with 1st January 2016 the baseline performance is the higher of the following amounts—
(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st January 2014 were reduced as a result of relevant activities;
(b)the average of—
(i)the amount specified in paragraph (a); and
(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st January 2013 were reduced as a result of relevant activities.
4.—(1) If the performance of the participating authority in the extended performance period does not exceed the baseline performance of the authority in that period, the amount determined under this paragraph is nil.
(2) Otherwise, the amount under this paragraph is determined as follows—
Step 1
Calculate the percentage (“the out-performance percentage”) by which the performance of the authority exceeds its baseline performance in the extended performance period.
Step 2
Look up the calculation specified in column (2) of the following Table in the row applicable to the authority’s out-performance percentage and perform the calculation.
Step 3
Subtract from the amount calculated under Step 2 the sum of the amounts payable to the authority by virtue of—
(a)paragraph 2; and
(b)paragraph 3, disregarding any amount determined under this paragraph.
| Out-performance percentage (1) | Calculation (2) |
|---|---|
| less than 2 per cent. | the sum of 1.75 per cent. of the 2014/15 administration subsidy and 5 per cent. of the 2015/16 enhanced administration subsidy |
| at least 2 per cent. but less than 4 per cent. | the sum of 2.1 per cent. of the 2014/15 administration subsidy and 6 per cent. of the 2015/16 enhanced administration subsidy |
| at least 4 per cent. but less than 6 per cent. | the sum of 2.45 per cent. of the 2014/15 administration subsidy and 7 per cent. of the 2015/16 of the enhanced administration subsidy |
| at least 6 per cent. but less than 8 per cent. | the sum of 2.8 per cent. of the 2014/15 administration subsidy and 8 per cent. of the 2015/16 enhanced administration subsidy |
| at least 8 per cent. but less than 10 per cent. | the sum of 3.15 per cent. of the 2014/15 administration subsidy and 9 per cent. of the 2015/16 enhanced administration subsidy |
| at least 10 per cent. | the sum of 3.5 per cent. of the 2014/15 administration subsidy and 10 per cent. of the 2015/16 enhanced administration subsidy |
(3) References in this paragraph to the “baseline performance” of the authority in the extended performance period are to the sum of—
(a)108 per cent. of the baseline performance of the authority determined under paragraph 2(5);
(b)110 per cent. of the baseline performance of the authority determined under paragraph 3(6);
(c)110 per cent. of the baseline performance of the authority determined under paragraph 3(7);
(d)110 per cent. of the baseline performance of the authority determined under paragraph 3(8); and
(e)110 per cent. of the baseline performance of the authority determined under paragraph 3(9).
(4) In this paragraph—
“2014/15 administration subsidy” means the administration subsidy for the authority for the relevant year beginning with 1st April 2014;
“2015/16 enhanced administration subsidy” means 110 per cent. of the administration subsidy for the authority for the relevant year beginning with 1st April 2015;
“extended performance period” means the period beginning with 1st December 2014 and ending with 31st March 2016.”
Article 4(b)
| Authority | Weekly rent limit (£) |
|---|---|
| Adur | 96.11 |
| Arun | 93.35 |
| Ashfield | 70.31 |
| Ashford | 91.47 |
| Babergh | 91.80 |
| Barking & Dagenham | 101.67 |
| Barnet | 118.30 |
| Barnsley | 76.97 |
| Barrow | 77.12 |
| Basildon | 89.52 |
| Bassetlaw | 74.46 |
| Birmingham | 85.11 |
| Blackpool | 73.10 |
| Bolsover | 84.21 |
| Bournemouth | 85.28 |
| Brent | 119.20 |
| Brentwood | 97.05 |
| Brighton & Hove | 86.74 |
| Bristol | 83.44 |
| Broxtowe | 76.34 |
| Bury | 78.90 |
| Cambridge | 105.62 |
| Camden | 124.21 |
| Cannock Chase | 75.58 |
| Canterbury | 90.97 |
| Castle Point | 91.10 |
| Central Bedfordshire | 104.71 |
| Charnwood | 76.56 |
| Cheltenham | 82.61 |
| Cheshire West & Chester | 84.83 |
| Chesterfield | 81.96 |
| City of London | 111.81 |
| City of York | 81.61 |
| Colchester | 89.95 |
| Corby | 81.13 |
| Cornwall | 72.94 |
| Crawley | 106.04 |
| Croydon | 109.11 |
| Dacorum | 111.70 |
| Darlington | 72.92 |
| Dartford | 92.05 |
| Derby | 80.82 |
| Doncaster | 75.26 |
| Dover | 86.71 |
| Dudley | 85.19 |
| Durham | 72.38 |
| Ealing | 105.47 |
| East Devon | 83.42 |
| East Riding | 81.37 |
| Eastbourne | 79.65 |
| Enfield | 104.23 |
| Epping Forest | 102.18 |
| Exeter | 77.41 |
| Fareham | 92.61 |
| Gateshead | 78.70 |
| Gloucester City | 80.07 |
| Gosport | 86.34 |
| Gravesham | 92.04 |
| Great Yarmouth | 77.12 |
| Greenwich | 105.93 |
| Guildford | 113.82 |
| Hackney | 102.62 |
| Hammersmith | 119.12 |
| Haringey | 108.58 |
| Harlow | 94.96 |
| Harrogate | 82.99 |
| Harrow | 116.96 |
| Havering | 99.27 |
| High Peak | 75.32 |
| Hillingdon | 111.71 |
| Hinckley & Bosworth | 80.55 |
| Hounslow | 105.77 |
| Hull | 77.22 |
| Ipswich | 87.84 |
| Islington | 122.41 |
| Kensington | 131.74 |
| Kettering | 84.03 |
| Kingston upon Thames | 115.33 |
| Kirklees | 71.87 |
| Lambeth | 111.49 |
| Lancaster | 79.50 |
| Leeds | 75.87 |
| Leicester | 74.27 |
| Lewes | 92.17 |
| Lewisham | 98.92 |
| Lincoln | 70.77 |
| Luton | 89.27 |
| Manchester | 75.10 |
| Mansfield | 75.30 |
| Medway | 84.29 |
| Melton | 79.18 |
| Mid Devon | 80.68 |
| Mid Suffolk | 84.49 |
| Milton Keynes | 88.18 |
| North East Derbyshire | 83.59 |
| New Forest | 102.26 |
| Newark & Sherwood | 80.49 |
| Newcastle upon Tyne | 77.45 |
| Newham | 99.46 |
| North Kesteven | 78.82 |
| North Tyneside | 78.72 |
| North Warwickshire | 91.02 |
| Northampton | 85.67 |
| Northumberland | 70.22 |
| Norwich | 81.72 |
| Nottingham | 77.20 |
| Nuneaton & Bedworth | 80.06 |
| North West Leicestershire | 81.14 |
| Oadby & Wigston | 81.66 |
| Oldham | 72.17 |
| Oxford City | 112.63 |
| Poole | 87.82 |
| Portsmouth | 87.33 |
| Reading | 107.52 |
| Redbridge | 105.85 |
| Redditch | 80.74 |
| Richmondshire | 79.81 |
| Rotherham | 78.12 |
| Rugby | 88.93 |
| Runnymede | 112.72 |
| Salford | 77.14 |
| Sandwell | 83.83 |
| Sedgemoor | 79.75 |
| Selby | 80.51 |
| Sheffield | 74.05 |
| Shepway | 86.46 |
| Shropshire | 84.16 |
| Slough | 109.05 |
| Solihull | 84.59 |
| South Cambridgeshire | 109.65 |
| South Derbyshire | 81.60 |
| South Holland | 77.98 |
| South Kesteven | 81.15 |
| South Tyneside | 77.22 |
| Southampton | 87.29 |
| Southend-on-Sea | 88.62 |
| Southwark | 111.00 |
| St Albans | 116.38 |
| Stevenage | 100.93 |
| Stockport | 77.05 |
| Stoke-on-Trent | 72.52 |
| Stroud | 84.84 |
| Sutton | 110.16 |
| Swindon | 85.38 |
| Tamworth | 82.56 |
| Tandridge | 101.26 |
| Taunton Deane | 84.87 |
| Tendring | 85.95 |
| Thanet | 83.39 |
| Thurrock | 88.37 |
| Tower Hamlets | 114.00 |
| Uttlesford | 102.48 |
| Waltham Forest | 105.26 |
| Wandsworth | 128.34 |
| Warwick | 96.72 |
| Waveney | 81.44 |
| Waverley | 116.95 |
| Wealden | 87.53 |
| Welwyn Hatfield | 110.99 |
| West Lancashire | 78.24 |
| Westminster | 128.49 |
| Wigan | 80.26 |
| Wiltshire | 90.39 |
| Winchester | 104.12 |
| Woking | 106.44 |
| Wokingham | 117.21 |
| Wolverhampton | 82.23.” |
Article 4(c)
| Local authority | (1) Specified amount “O”(£) | (2) Guideline rent increase “P” (£) |
|---|---|---|
| Caerphilly | 74.09 | 4.82 |
| Cardiff | 84.91 | 4.27 |
| Carmarthenshire | 74.55 | 3.97 |
| Denbighshire | 72.40 | 3.89 |
| Flintshire | 75.34 | 3.29 |
| Isle of Anglesey | 71.25 | 3.90 |
| Pembrokeshire | 76.31 | 3.78 |
| Powys | 76.31 | 4.04 |
| Swansea | 73.27 | 3.97 |
| Vale of Glamorgan | 81.95 | 4.26 |
| Wrexham | 74.52 | 4.01.” |
(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 1998 Order”) which provides for the calculation and payment of housing benefit subsidy to local authorities in England, Wales and Scotland who administer those benefits. Section 140F(2) of the Social Security Administration Act 1992 (c.5) authorises the making, revocation or varying of an Order before, during or after the year to which it relates.
Article 2(2) and (3) have effect for the purpose of determining subsidy payable for the year beginning with 1st April 2014 and any subsequent year beginning with 1st April. Article 2(2) substitutes article 12(1) of the 1998 Order with a new paragraph (1) which sets out how the amount of an authority’s subsidy for the relevant year is to be calculated. In particular, it allows for additional payments of subsidy to be made in certain circumstances to local authorities who participate in the Fraud and Error Reduction Incentive Scheme (“FERIS”), as notified by the Secretary of State to local authorities on 24th November 2014. Article 2(3) makes a consequential change to article 13(1) of the 1998 Order.
Participating authorities are given funding to carry out activities with a view to reducing fraud and error in relation to the payment of housing benefit. The Secretary of State then sets a threshold for expected performance in reducing fraud and error in a specified period for each such authority based on the authority’s performance in making such reductions in a previous equivalent period. Additional payments are then made to the authority, the amounts depending on the extent to which the authority exceeds the threshold for reducing housing benefit payments in each such period by virtue of those activities. Provision is also made for a further additional payment to be made to the authority based on performance in reducing housing benefit payments over the entire course of the scheme.
New Schedule 1A to the 1998 Order, which is inserted by article 2(5) and set out in Schedule 2 to this Order, sets out how the additional payments of subsidy in respect of FERIS are to be calculated.
Hard copies of the circulars explaining FERIS and the amounts of the administration subsidy on which payments are based are available from the Department for Work and Pensions, Caxton House, Tothill Street, London SW1H 9NA.
Article 2(4) sets out new figures to be used in the calculation of subsidy payable to an authority for the year beginning with 1st April 2014 by substituting Schedule 1 to the 1998 Order with Schedule 1 to this Order.
Article 3 has effect for the purpose of determining subsidy payable for the year beginning with 1st April 2014 and any subsequent year beginning with 1st April. It inserts new paragraphs (6ZB), (6ZC) and (6ZD) into article 18 of the 1998 Order which provide that where a local authority receives real time information in respect of an overpayment and makes a revision or supersession decision within 4 weeks (subject to extension where further information is required), that overpayment will not be treated as an authority error overpayment or administrative delay overpayment for the purposes of calculating additional amounts of subsidy payable to an authority.
Article 4 has effect for the purpose of determining subsidy payable for the year beginning with 1st April 2015. Article 4(2)(a) amends paragraph 3 of Schedule 4A to provide that the rebate proportion figure for 2015/2016 is 0.746. Article 4(2)(b) substitutes Part 3 of Schedule 4A to the 1998 Order in respect of weekly rent limits for authorities in England. With respect to authorities in Wales, article 4(2)(c) substitutes Part 5 of Schedule 4A to the 1998 Order which sets out the specified amount “O” and the guideline rent increase “P” used when calculating deductions from subsidy under paragraph 4 in Part 4 of that Schedule.
Article 5 removes references to community charge benefit from the 1998 Order which are now obsolete as it was replaced by council tax benefit in 1993.
An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.
1992 c.5. Sections 140B and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52). Section 140B was amended by section 10 of, and paragraph 7 of Schedule 1 to, the Social Security Administration (Fraud) Act 1997 (c.47) (“the Fraud Act”). Sections 140B and 140F were repealed, to the extent they related to council tax benefit, by section 147 of, and paragraph 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5) with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358. Section 189(1) and (4) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14). Section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) (“the Transfer of Functions Act”) and paragraph 1 of Schedule 6 to the Tax Credits Act 2002 (c.21). Section 189(4) was amended by S.I. 2013/252. Section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c.14) and paragraph 10 of Schedule 1 to the Fraud Act. Section 189 was repealed, to the extent it related to council tax benefit, by section 147 of, and paragraph 1 of Schedule 14 to, the Welfare Reform Act 2012 with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358.
Section 189(8) was amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996, paragraph 10 of Schedule 4 to the Social Security (Recovery of Benefits) Act 1997 (c.27), paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c.21), paragraph 29 of Schedule 1 to the Pensions Act 2007 (c.22) and paragraph 57(3) of Schedule 3 to the Transfer of Functions Act.
Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996 and was repealed, to the extent it related to council tax benefit, by section 147 of, and paragraph 1 of Schedule 14 to, the Welfare Reform Act 2012 with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358.
Paragraph (1) of article 12 was amended by S.I. 2000/2340 and 2006/54.
Paragraph (4) of article 12 was inserted by S.I. 2006/54.
Paragraph (1) of article 13 was substituted by S.I. 2000/1091.
Schedule 1 was substituted by S.I. 2014/1667.
Paragraph (6ZA) of article 18 was inserted by S.I. 2010/2481.
S.I. 2003/2682. Regulation 2A(1) was inserted by S.I. 2012/822 and amended by S.I. 2013/521.
S.I. 2003/2682. Regulation 2B(1) was inserted by S.I. 2012/822 and amended by S.I. 2013/521.
Schedule 4A was inserted by S.I. 2004/646.
In Part 2 of Schedule 4A, paragraph 3(3) was substituted by S.I. 2010/2481.
Part 3 of Schedule 4A was substituted by S.I. 2014/1667.
Part 5 of Schedule 4A was substituted by S.I. 2014/1667.
Paragraph 1(b) of article 18 was substituted by S.I. 2000/1091 and amended by S.I. 2003/3179 and 2006/54.
Paragraph 8 of article 18 was amended by S.I. 2000/1091 and 2006/217.
Paragraph 1(g)(ii) of article 19 was amended by S.I. 2006/217.