2022 No. 983

Social Security

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022

Made

Laid before Parliament

Coming into force

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), 140C(1) and (4), 140F(2) and 189(1), (4), (6) and (7) of the Social Security Administration Act 19921.

In accordance with section 189(8) of that Act2, the Secretary of State has obtained the consent of the Treasury.

In accordance with section 176(1)(b) of that Act3, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Citation, commencement, extent and interpretation1

1

This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2022 and comes into force on 31st October 2022.

2

Any amendment made by this Order has the same extent as the provision amended.

Amendment of the 1998 Order and effect of amendments2

1

The Income-related Benefits (Subsidy to Authorities) Order 19984 is amended in accordance with articles 3 to 7.

2

Articles 3, 4 and 6 and Schedules 1 and 3 have effect for the purpose of determining subsidy payable for the relevant year5 beginning with 1st April 2021.

3

Articles 5 and 7 and Schedules 2 and 4 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2022.

4

In paragraphs (2) and (3), “relevant year” means the year in respect of which a claim for subsidy is made.

Housing Benefit Assurance Process3

In article 2 (interpretation of Parts 2 and 4), in the definition of “HBAP”, for “30th March 2020”, substitute “31st March 2022”.

The amount of an authority’s subsidy4

For Schedule 1 (sums to be used in the calculation of subsidy) substitute the Schedule 1 set out in Schedule 1 to this Order.

Additional amount of subsidy: Verify Earnings and Pension Alerts Service5

For Schedule 1ZB (additional amount of subsidy: Verify Earnings and Pension Alerts Service), substitute the Schedule 1ZB set out in Schedule 2 to this Order.

Housing Benefit Award Accuracy Initiative6

For Schedule 1ZC (additional amount of subsidy: housing benefit award accuracy initiative), substitute the Schedule 1ZC set out in Schedule 3 to this Order.

Rent rebate deductions from the subsidy of an authority in Wales7

For Schedule 4A (rent rebate limitation deductions (housing revenue account dwellings): authorities in Wales), substitute the Schedule 4A set out in Schedule 4 to this Order.

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

Victoria PrentisMinister of StateDepartment for Work and Pensions

We consent.

Craig WhittakerGareth JohnsonTwo of the Lords Commissioners of His Majesty’s Treasury

SCHEDULE 1Substitution of Schedule 1 to the 1998 Order

Article 4

SCHEDULE 1Sums to be used in the calculation of subsidy

Article 12(1)(b)

Relevant Year 2021-2022

Local authority

Administration subsidy (£)

England

Adur District Council

166,774

Allerdale Borough Council

285,828

Amber Valley Borough Council

338,744

Arun District Council

459,401

Ashfield District Council

381,388

Ashford Borough Council

360,980

Babergh District Council

201,763

London Borough of Barking and Dagenham

1,140,118

London Borough of Barnet

1,616,245

Barnsley Borough Council

872,272

Barrow Borough Council

216,323

Basildon District Council

624,987

Basingstoke and Deane District Council

433,632

Bassetlaw District Council

317,494

Bath and North East Somerset Council

432,954

Bedford Borough Council

533,537

London Borough of Bexley

722,001

Birmingham City Council

5,779,690

Blaby District Council

169,742

Blackburn with Darwen Borough Council

530,227

Blackpool Borough Council

836,872

Bolsover District Council

246,048

Bolton Metropolitan Borough Council

1,094,027

Boston Borough Council

214,041

Bournemouth, Christchurch and Poole Council

1,240,204

Bracknell Forest Borough Council

286,440

Bradford Metropolitan Borough Council

1,744,903

Braintree District Council

372,561

Breckland District Council

349,145

London Borough of Brent

2,031,962

Brentwood District Council

139,102

Brighton and Hove Council

1,096,240

Bristol City Council

1,637,702

Broadland District Council

218,646

London Borough of Bromley

870,560

Bromsgrove District Council

171,522

Broxbourne Borough Council

301,767

Broxtowe Council

255,670

Buckinghamshire Council

1,184,153

Burnley Borough Council

384,919

Bury Metropolitan Borough Council

581,719

Calderdale Borough Council

720,662

Cambridge City Council

357,031

London Borough of Camden

1,448,119

Cannock Chase District Council

281,991

Canterbury City Council

434,026

City of Carlisle District Council

303,502

Castle Point District Council

196,629

Central Bedfordshire

564,010

Charnwood Borough Council

355,376

Chelmsford Borough Council

377,519

Cheltenham Borough Council

300,276

Cherwell District Council

337,046

Cheshire East Council

831,421

Cheshire West and Chester Council

905,106

Chesterfield Borough Council

401,416

Chichester District Council

299,958

Chorley Borough Council

277,031

City of London

57,567

Colchester Borough Council

527,384

Copeland Borough Council

221,215

Cornwall Council

1,727,900

Cotswold District Council

174,557

Coventry City Council

1,238,838

Craven District Council

109,509

Crawley Borough Council

449,400

London Borough of Croydon

1,814,031

Dacorum Borough Council

442,434

Darlington Borough Council

410,686

Dartford Borough Council

286,585

Derby City Council

880,817

Derbyshire Dales District Council

145,407

Doncaster Metropolitan Borough Council

1,091,147

Dorset Council

912,709

Dover District Council

388,841

Dudley Metropolitan Borough Council

964,225

Durham County Council

2,102,314

London Borough of Ealing

1,851,001

East Cambridgeshire District Council

189,300

East Devon District Council

335,752

East Hampshire District Council

210,144

East Hertfordshire District Council

318,481

East Lindsey District Council

471,405

East Riding of Yorkshire Council

745,130

East Staffordshire Borough Council

290,395

East Suffolk Council

694,438

Eastbourne Borough Council

434,434

Eastleigh Borough Council

276,450

Eden District Council

99,800

Elmbridge Borough Council

311,766

London Borough of Enfield

2,157,709

Epping Forest District Council

320,617

Epsom and Ewell Borough Council

159,578

Erewash Borough Council

324,630

Exeter City Council

381,586

Fareham Borough Council

183,161

Fenland District Council

303,245

Folkestone and Hythe District Council

386,896

Forest of Dean District Council

206,464

Fylde Borough Council

208,970

Gateshead Borough Council

858,107

Gedling Borough Council

280,065

Gloucester City Council

432,448

Gosport Borough Council

271,462

Gravesham Borough Council

319,738

Great Yarmouth Council

410,526

Royal Borough of Greenwich

1,620,429

Guildford Borough Council

274,252

London Borough of Hackney

2,064,473

Halton Borough Council

542,170

Hambleton District Council

190,671

London Borough of Hammersmith and Fulham

1,122,888

Harborough District Council

128,688

London Borough of Haringey

1,703,666

Harlow District Council

357,830

Harrogate Borough Council

308,410

Harrow Council

882,712

Hart District Council

137,774

Hartlepool Borough Council

485,951

Hastings Borough Council

433,056

Havant Borough Council

300,980

London Borough of Havering

764,108

Herefordshire Council

478,350

Hertsmere Borough Council

333,839

High Peak Borough Council

225,944

London Borough of Hillingdon

1,098,919

Hinckley and Bosworth Borough Council

200,910

Horsham District Council

260,149

London Borough of Hounslow

1,125,008

Hull City Council

1,398,549

Huntingdonshire District Council

358,428

Hyndburn Borough Council

309,082

Ipswich Borough Council

541,358

Isle of Wight County Council

502,699

Isles of Scilly Council

1,706

London Borough of Islington

1,662,957

Royal Borough of Kensington and Chelsea

1,036,886

Kings Lynn and West Norfolk Borough Council

401,919

Royal Borough of Kingston upon Thames

520,578

Kirklees Metropolitan Borough Council

1,289,211

Knowsley Borough Council

776,361

London Borough of Lambeth

2,120,740

Lancaster City Council

405,040

Leeds City Council

2,691,201

Leicester City Council

1,382,707

Lewes District Council

301,636

London Borough of Lewisham

2,038,224

Lichfield District Council

204,322

City of Lincoln Council

390,562

Liverpool City Council

2,660,206

Luton Borough Council

862,381

Maidstone Borough Council

440,637

Maldon District Council

132,278

Malvern Hills District Council

181,862

Manchester City Council

2,767,129

Mansfield District Council

373,952

Medway Council

882,870

Melton Borough Council

108,827

Mendip District Council

289,418

London Borough of Merton

629,959

Mid Devon District Council

196,894

Mid Suffolk District Council

184,569

Mid Sussex District Council

273,011

Middlesbrough Council

766,190

Milton Keynes Borough Council

903,414

Mole Valley District Council

182,720

New Forest District Council

397,867

Newark and Sherwood District Council

288,175

Newcastle-Under-Lyme Borough Council

336,841

Newcastle City Council

1,343,574

London Borough of Newham

1,946,373

North Devon District Council

280,537

North East Derbyshire District Council

271,623

North East Lincolnshire Council

607,458

North Hertfordshire District Council

330,006

North Kesteven District Council

223,240

North Lincolnshire Council

488,781

North Norfolk District Council

281,476

North Northamptonshire Council

887,308

North Somerset Council

592,797

North Tyneside Borough Council

764,581

North Warwickshire District Council

155,839

North West Leicestershire District Council

202,574

Northumberland County Council

990,611

Norwich City Council

658,264

Nottingham City Council

1,456,450

Nuneaton and Bedworth Borough Council

405,863

Oadby and Wigston Borough Council

100,313

Oldham Borough Council

910,869

Oxford City Council

459,987

Pendle Borough Council

286,652

Peterborough City Council

745,199

Plymouth City Council

1,024,060

Portsmouth City Council

924,688

Preston Borough Council

487,938

Reading Borough Council

621,703

London Borough of Redbridge

1,004,702

Redcar and Cleveland Borough Council

599,349

Borough of Redditch

255,888

Reigate and Banstead Borough Council

347,377

Ribble Valley Borough Council

92,282

Richmondshire District Council

101,777

London Borough of Richmond upon Thames

473,695

Rochdale Borough Council

919,750

Rochford District Council

151,095

Rossendale Borough Council

212,984

Rother District Council

240,050

Rotherham Borough Council

957,402

Rugby Borough Council

236,557

Runnymede Borough Council

211,335

Rushcliffe Borough Council

185,607

Rushmoor Borough Council

307,919

Rutland County Council

65,457

Ryedale District Council

132,025

Salford City Council

1,235,628

Sandwell Metropolitan Borough Council

1,344,659

Scarborough Borough Council

406,761

Sedgemoor District Council

379,041

Sefton Metropolitan Borough Council

1,027,040

Selby District Council

172,133

Sevenoaks District Council

271,005

Sheffield City Council

2,016,189

Shropshire Council

719,739

Slough Borough Council

619,024

Solihull Metropolitan Borough Council

540,946

Somerset West and Taunton Council

455,030

South Cambridgeshire District Council

269,903

South Derbyshire District Council

193,256

South Gloucestershire Council

571,935

South Hams District Council

218,552

South Holland District Council

200,393

South Kesteven District Council

331,673

South Lakeland District Council

185,768

South Norfolk District Council

267,270

South Oxfordshire District Council

264,327

South Ribble Borough Council

225,429

South Somerset District Council

421,505

South Staffordshire District Council

228,688

South Tyneside Council

795,270

Southampton City Council

977,914

Southend on Sea Borough Council

709,020

London Borough of Southwark

1,799,299

Spelthorne Borough Council

247,609

St Albans District Council

288,429

St Helens Borough Council

663,879

Stafford Borough Council

276,134

Staffordshire Moorlands District Council

159,334

Stevenage Borough Council

320,958

Stockport Borough Council

794,190

Stockton on Tees Borough Council

725,054

Stoke on Trent City Council

978,780

Stratford on Avon District Council

273,014

Stroud District Council

243,032

Sunderland City Council

1,292,998

Surrey Heath Borough Council

160,500

London Borough of Sutton

658,508

Swale Borough Council

478,180

Swindon Borough Council

606,821

Tameside Metropolitan Borough Council

914,735

Tamworth Borough Council

221,049

Tandridge District Council

187,844

Teignbridge District Council

333,532

Telford and Wrekin Council

706,784

Tendring District Council

552,866

Test Valley Borough Council

277,620

Tewkesbury Borough Council

200,446

Thanet District Council

611,231

Three Rivers Council

217,568

Thurrock Borough Council

543,553

Tonbridge and Malling District Council

320,135

Torbay Council

524,699

Torridge District Council

177,864

London Borough of Tower Hamlets

2,245,608

Trafford Metropolitan Borough Council

618,673

Tunbridge Wells Borough Council

291,406

Uttlesford District Council

148,847

Vale of White Horse District Council

270,855

Wakefield Council

1,212,019

Walsall Borough Council

1,146,672

London Borough of Waltham Forest

1,295,219

London Borough of Wandsworth

1,433,604

Warrington Borough Council

555,749

Warwick District Council

305,891

Watford Borough Council

350,311

Waverley Borough Council

254,292

Wealden District Council

289,049

Welwyn Hatfield District Council

362,872

West Berkshire Council

359,167

West Devon Borough Council

138,512

West Lancashire District Council

297,365

West Lindsey District Council

259,045

West Northamptonshire

952,267

West Oxfordshire District Council

205,424

West Suffolk Council

442,056

City of Westminster

1,419,218

Wigan Council

1,018,118

Wiltshire Council

1,113,824

Winchester City Council

263,221

Royal Borough of Windsor and Maidenhead

295,325

Wirral Borough Council

1,309,372

Woking Borough Council

240,801

Wokingham District Council

214,714

Wolverhampton City Council

1,100,571

Worcester City Council

304,955

Worthing Borough Council

315,502

Wychavon District Council

291,660

Wyre Borough Council

325,381

Wyre Forest District Council

322,340

City of York Council

406,049

Wales

Blaenau Gwent County Borough Council

325,787

Bridgend County Borough Council

496,753

Caerphilly County Borough Council

676,895

Cardiff City Council

1,443,993

Carmarthenshire County Council

593,035

Ceredigion Council

208,289

Conwy County Borough Council

408,650

Denbighshire County Council

376,552

Flintshire County Council

431,124

Gwynedd Council

362,202

Isle of Anglesey County Council

220,019

Merthyr Tydfil Borough Council

242,683

Monmouthshire County Council

230,483

Neath Port Talbot County Borough Council

600,412

Newport City Council

598,735

Pembrokeshire County Council

410,567

Powys County Council

342,311

Rhondda Cynon Taff County Borough Council

870,755

Swansea City Council

951,800

Torfaen Borough Council

398,364

Vale of Glamorgan Council

383,401

Wrexham Council

486,822

Scotland

Aberdeen City Council

678,838

Aberdeenshire Council

498,326

Angus Council

373,135

Argyll and Bute Council

263,669

Clackmannanshire Council

227,522

Comhairle Nan Eilean Siar Council

67,746

Dumfries and Galloway Council

550,517

Dundee City Council

777,001

East Ayrshire Council

518,581

East Dunbartonshire Council

213,506

East Lothian District Council

323,700

East Renfrewshire Council

176,089

City of Edinburgh Council

1,726,230

Falkirk District Council

549,236

Fife Council

1,347,783

Glasgow City Council

3,804,319

Highland Council

661,070

Inverclyde District Council

397,668

Midlothian Council

289,469

Moray Council

250,247

North Ayrshire Council

680,462

North Lanarkshire Council

1,417,602

Orkney Islands Council

61,299

Perth and Kinross Council

373,389

Renfrewshire Council

694,515

Scottish Borders Council

369,827

Shetland Islands Council

52,957

South Ayrshire Council

437,418

South Lanarkshire Council

1,143,290

Stirling Council

250,429

West Dunbartonshire Council

534,025

West Lothian Council

684,285

SCHEDULE 2Substitution of Schedule 1ZB to the 1998 Order

Article 5

SCHEDULE 1ZBAdditional amount of subsidy: Verify Earnings and Pension Alerts Service

Article 12(1)(bza)

Interpretation1

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 1st April 20222

The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2022 is the amount specified for that authority in the Housing Benefit Circular HB S8/2022 first published by the Department for Work and Pensions on 17th June 20226.

Use of amount paid under paragraph 23

An authority must use the additional amount received under paragraph 2 in connection with relevant activities.

SCHEDULE 3Substitution of Schedule 1ZC to the 1998 Order

Article 6

SCHEDULE 1ZCAdditional Amount of Subsidy: Housing Benefit Award Accuracy Initiative

Article 12(1)(bzb)

Interpretation1

In this Schedule—

  • HBAAI” means the Housing Benefit Award Accuracy Initiative set out in Housing Benefit Circular HB A6/2021 first published by the Department for Work and Pensions on 14th May 20217;

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

Additional amount: relevant year beginning with 1st April 20212

The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2021 is the amount (if any) specified for that authority in the following Housing Benefit Circulars published by the Department for Work and Pensions—

a

HB S8/2021 (revised), first published on 27th April 2021 and updated on 16th July 20218;

b

HB S9/2021, first published on 23rd July 20219;

c

HB S11/2021, first published on 22nd October 202110.

Use of amount paid under paragraph 23

An authority must use any additional amount received under paragraph 2 in connection with relevant activities.

SCHEDULE 4Substitution of Schedule 4A to the 1998 Order

Article 7

SCHEDULE 4ARent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales

Article 20A

Interpretation1

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 deduction2

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 deduction3

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 1st April 2022 is 0.528.

Amounts for the purposes of paragraph 24

The amounts for the relevant year beginning with 1st April 2022 for the purposes of paragraph 2 are as follows—

Local authority

(1) Specified amount “O” (£)

(2) Guideline rent increase “P” (£)

Caerphilly County Borough Council

101.42

3.14

Cardiff City Council

114.24

3.54

Carmarthenshire County Council

100.60

3.12

Denbighshire County Council

100.88

3.59

Flintshire County Council

104.52

5.04

Isle of Anglesey County Council

100.10

4.99

Pembrokeshire County Council

103.60

3.42

Powys County Council

104.19

3.23

Swansea City Council

101.62

3.15

Vale of Glamorgan Council

112.09

5.15

Wrexham Council

103.33

4.49

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 1998 Order”) which provides for the calculation and payment of housing benefit subsidy to local authorities in England, Wales and Scotland which administer housing benefit. Section 140F(2) of the Social Security Administration Act 1992 (c. 5) (“the Act”) authorises the making, revocation or varying of an Order before, during or after the year to which it relates.

Article 3 updates the definition of “HBAP” in article 2 of the 1998 Order to refer to the appropriate version of the Housing Benefit Assurance Process, published on 31st March 2022.

Article 4 and Schedule 1 substitute Schedule 1 to the 1998 Order which prescribes the sums to be used in the calculation of subsidy for the year beginning with 1st April 2021.

Article 5 and Schedule 2 substitute Schedule 1ZB to the 1998 Order, which prescribes a system for the making of additional payments of subsidy to authorities administering alerts relating to the earnings and pension entitlement of claimants for housing benefit. Substituted paragraph 2 of that Schedule has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2022. The amounts were notified by the Secretary of State to local authorities on 17th June 2022.

Article 6 and Schedule 3 substitute Schedule 1ZC to the 1998 Order. This updates the definition of “HBAAI” in paragraph 1 of Schedule 1ZC to the 1998 Order to refer to the most recent version of the Housing Benefit Award Accuracy Initiative, published on 14th May 2021. Substituted paragraph 2 of that Schedule prescribes a system for the making of additional payments of subsidy to authorities verifying the accuracy of information held in respect of the household, income and capital, and general financial circumstances of claimants for housing benefit. It has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2021. The amounts were notified by the Secretary of State to local authorities on 22nd October 2021.

Article 7 and Schedule 4 substitute Schedule 4A to the 1998 Order. This has effect for the purposes of determining subsidy payable for the year beginning with 1st April 2022 for authorities in Wales. The substituted Schedule updates the rebate proportion figure for 2022/2023 to 0.528 and sets out revised specified amounts “O” and guideline rent increases “P” used when calculating deductions from subsidy under paragraph 2 of substituted Schedule.

Hard copies of the circulars referenced in this Order are available by writing to the Department for Work and Pensions, Local Authority Partnership, Engagement and Delivery Division, Room B120D, Warbreck House, Warbreck Hill, Blackpool, FY2 0YE or by emailing lawelfare.lafunding@dwp.gov.uk.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.