The Income-related Benefits (Subsidy to Authorities) Order 1998

Link to law: http://www.legislation.gov.uk/uksi/1998/562/made/data.htm?wrap=true
Published: 1998-03-04

Statutory Instruments
1998 No. 562

SOCIAL SECURITY
The Income-related Benefits (Subsidy to Authorities) Order 1998

Made
4th March 1998

Laid before Parliament
10th March 1998

Coming into force
31st March 1998

The Secretary of State for Social Security, with the consent of the Treasury(1), in exercise of the powers conferred upon her by sections 140B, 140C(1), (2) and (4), 140E and 189(1) and (4) to (7) of the Social Security Administration Act 1992(2), section 122(4) of and paragraph 5 of Schedule 12 to the Housing Act 1996(3) and of all other powers enabling her in that behalf, after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992(4), with organisations appearing to her to be representative of the authorities concerned, hereby makes the following Order:

PART IGENERAL

Citation, commencement and interpretation

1.—(1) This Order, which may be cited as the Income-related Benefits (Subsidy to Authorities) Order 1998, shall come into force on 31st March 1998 and shall have effect in relation to any relevant year.

(2) In this Order, unless the context otherwise requires —

“the Act” means the Social Security Administration Act 1992;

“authority” means a billing, housing or, as the case may be, local authority;

“a 1997 authority” means a successor authority, whose reorganisation date was 1st April 1997;

“a 1998 authority” means a successor authority, whose reorganisation date was 1st April 1998;

“new authority” means

(i)
in England, a successor authority, whose reorganisation date was 1st April 1996;

(ii)
in Wales, an authority constituted under sections 20 and 21 of the Local Government Act 1972(5), and

(iii)
in Scotland, an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994(6);

“the English Regulations” means the Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995(7);

“the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders” means the 1989 Order, the 1990 Order, the 1991 Order, the 1992 Order, the 1993 Order, the 1994 Order, the 1995 Order, the 1996 Order and the 1997 Order;

“relevant benefit” has the meaning ascribed to it in section 140B(6) of the Act(8);

“following year” means the year following the relevant year;

“relevant year” means the year, commencing on 1st April 1997 or on the 1st April in any year thereafter, in respect of which a claim for subsidy is made;

“the 1989 Order” means the Housing Benefit (Subsidy) Order 1989(9);

“the 1990 Order” means the Housing Benefit (Subsidy) Order 1990(10);

“the 1991 Order” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991(11);

“the 1992 Order” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992(12);

“the 1993 Order” means the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993(13);

“the 1994 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994(14);

“the 1995 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995(15);

“the 1996 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996(16), and

“the 1997 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997(17).

(3) In paragraph (2), “successor authority” and “reorganisation date” have the same meanings as in regulation 2(1) of the English Regulations.

(4) In this Order, unless the context otherwise requires, a reference—

(a)to a numbered Part in this Order or a Schedule to this Order, is to the Part in this Order, or that Schedule, as the case may be, bearing that number;

(b)to a numbered article in or Schedule to this Order, is to the article in or Schedule to this Order, as the case may be, bearing that number;

(c)in an article or a Schedule to a lettered or numbered paragraph is to the paragraph bearing that letter or number in that article or that Schedule; and

(d)in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

PART IICLAIMS FOR AND PAYMENT OF SUBSIDY

Interpretation of Parts II and IV

2.  In this Part and also in Part IV, unless the context otherwise requires—

“benefit savings” and “benefit-related savings” have the same meanings as are assigned to them by paragraph 1 of Schedule 5;

“claim” means an initial claim, mid-year claim, final claim or a return pursuant to article 4(4), as the case may be;

“claim form” means the form supplied by the Secretary of State pursuant to article 4(2)(a), (b) or (c) or (4), as the case may be;

“initial claim” means a claim for subsidy pursuant to article 4(2)(a);

“final claim” means a claim for subsidy pursuant to article 4(2)(c);

“mid-year claim” means a claim for subsidy pursuant to article 4(2)(b);

“final subsidy” means any subsidy which is not interim subsidy;

“interim subsidy” means subsidy pursuant to articles 6(4), 7(2), 8(1) or 9(4), as the case may be;

“the form” means a printed document or any other format upon which a claim may be set out, or any combination of such formats or alternative formats, as the Secretary of State determines; and

“the relevant office” means such office as may be designated by the Secretary of State.

Conditions for payment of subsidy

3.  Subject to articles 9(3) and 10, no final subsidy shall be paid unless the conditions specified in the following provisions of this Part have been complied with.

Requirement of claim

4.—(1) The first condition is that subsidy shall be claimed in accordance with the provisions of and in the manner specified by this article.

(2) There shall be submitted by an authority to the Secretary of State, at the relevant office, on the form supplied by him to that authority, the following claims for subsidy, by reference to the amount of relevant benefit that that authority—

(a)estimates it will pay during the relevant year, by 1st March in the year preceding the relevant year;

(b)estimates it has up to that time and will by the end of that relevant year have paid, by 31st August in the relevant year;

(c)has paid in the relevant year, by 30th September in the following year.

(3) The final claim shall be copied to the authority’s auditor, by 30th September in the following year.

(4) In addition to the above claims, each authority shall submit to the Secretary of State at the relevant office, on the form supplied by him to that authority, the following returns—

(a)on the 15th day (“the return date”) of each of July, October and January of the relevant year, details of the benefit savings and benefit-related savings in the relevant year that that authority has achieved by the end of the month immediately preceding the return date; and

(b)on the 15th April in the following year, details of the benefit savings and benefit-related savings that that authority achieved in the relevant year.

(5) All claims and returns submitted by an authority consequent upon this article shall be signed—

(a)in the case of an authority in England or Wales, by the officer who is responsible for finance pursuant to section 151 of the Local Government Act 1972(18);

(b)in the case of an authority in Scotland, by the proper officer pursuant to section 95 of the Local Government (Scotland) Act 1973(19).

Requirement to keep records and provide information

5.  The second condition is that the authority submitting a claim shall—

(a)provide to the Secretary of State such information, including any information required by or consequent upon the claim form; and

(b)keep and, where the Secretary of State requires it or it is otherwise appropriate to do so, produce records with a bearing on that claim,

as the Secretary of State so requires, or as may otherwise be necessary, to satisfy him that—

(i)that claim is full, accurate and properly calculated; and

(ii)any subsidy claimed or paid for the relevant year or that has been claimed or paid in accordance with the provisions of this Order or the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders, as the case may be, in relation to any earlier year was properly so paid or claimed.

Requirement of audit

6.—(1) Subject to article 9(4), the third condition is that the authority

(a)shall procure that their final claim is audited by the authority’s auditor by 31st December in the following year; and

(b)shall comply with the following provisions of this article.

(2) The authority shall—

(a)provide such information; and

(b)keep and, where asked to do so, produce records with a bearing on its claim,

as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that—

(i)that claim is properly calculated, and

(ii)the relevant benefit in respect of which subsidy is claimed has been properly paid.

(3) Until the authority’s auditor has certified on the claim form that he is satisfied that—

(a)the final claim is properly calculated; and

(b)the relevant benefit in respect of which subsidy is claimed has been properly paid,

no final subsidy shall be paid.

Final condition for the payment of subsidy

7.  Subject to article 9(4), the fourth condition is that an authority shall satisfy the Secretary of State that its claim—

(a)is true and complete;

(b)is supported and, if appropriate, supplemented by all the information the Secretary of State requires; and

(c)fairly represents the expenditure in relation to relevant benefit incurred or likely to be incurred, as the case may be, by the authority in the relevant year.

In year instalments of subsidy

8.—(1) Where an authority has submitted, by the due date—

(a)the initial claim, mid-year claim and the returns under article 4(4), as the case may be, in accordance with the requirements of this Part; and

(b)the conditions of this Part in relation to such claims have been complied with,

the Secretary of State shall pay each month, to each such authority that has submitted such claims as are by that date due, instalments of subsidy, in accordance with paragraph (2).

(2) The instalments payable by way of interim subsidy to an authority under paragraph (1) shall be such amounts as the Secretary of State considers appropriate in the circumstances of the case, but the total amount of such instalments paid in the relevant year shall not exceed the amount which, in his estimation, is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the submission and audit of that authority’s final claim.

Payment of subsidy for the relevant year

9.—(1) Subject to paragraphs (2) and (3) and to any subsidy withheld, reduced or deducted in accordance with sections 140B(4) or 140C(3), as the case may be, where he is satisfied that—

(a)the authority has submitted its final claim;

(b)the auditor has audited and certified that claim; and

(c)the conditions of this Part have been complied with,

the Secretary of State shall pay to that authority final subsidy calculated in accordance with Part III.

(2) In determining the amount payable pursuant to paragraph (1) the Secretary of State shall take into account any interim subsidy paid during or in respect of the relevant year and any payment pursuant to this article shall only be in respect of the balance of subsidy due after the deduction of such interim subsidy paid.

(3) The Secretary of State may pay subsidy under paragraph (1) once that submission, audit or certification, as the case may be, has occurred, despite it occuring after the time required in this Part.

(4) In a case where the third or fourth condition, as the case may be, are not met in relation to any authority, the Secretary of State may pay such amount of subsidy as he is satisfied will be due when that condition is met.

Estimating subsidy

10.  If an authority has not, at the time specified in articles 4 or 6(1), as the case may be, complied with any condition specified in this Part, the Secretary of State may estimate the amount of any subsidy, including any interim subsidy, payable to that authority and he may employ for that purpose such criteria as he considers relevant.

PART IIICALCULATION OF SUBSIDY

Interpretation of Part III

11.—(1) In this Part, unless the context otherwise requires—

“allowance” means a rent allowance;

“board and lodging accommodation” means—

(a)
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or

(b)
accommodation provided in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987(20) nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations(21);

“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989(22);

“the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992(23);

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(24);

“overpayment” includes excess benefits under the Community Charge Benefits Regulations and excess benefit under the Council Tax Benefit Regulations as well as overpayments under the Housing Benefit Regulations and any reference in this Order to “overpayment” in relation to any of the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders shall bear the meaning it has in this Order;

“period overrun” has the meaning assigned to it by paragraph 1 of Schedule 3;

“rebate” means a rent rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates(25);

“the Rent Officers Order” means the Rent Officers (Housing Benefits Functions) Order 1997(26) or the Rent Officers (Housing Benefits Functions) (Scotland) Order 1997(27), as the case may be;

“the Rent Officers Order 1995” means the Rent Officers (Additional Functions) Order 1995(28) or the Rent Officers (Additional Functions) (Scotland) Order 1995(29), as the case may be;

“scheme” means the housing benefit scheme or council tax benefit scheme, as the case may be, as prescribed under section 123(1) of the Social Security Contributions and Benefits Act 1992(30),

and other expressions used in this Part and in the Housing Benefit Regulations or Council Tax Benefit Regulations, as the case may be, shall have the same meanings in this Part as they have in those Regulations.

(2) In this Part

“qualifying expenditure” means, in relation to an authority, the total of relevant benefit, including any payments under regulation 91 of the Housing Benefit Regulations (payments on account of a rent allowance)(31) and any extended payments, lawfully paid by the authority during the relevant year, less—

(a)
the deduction, if any, calculated for that authority in article 15;

(b)
any deductions specified in article 19 relevant to that authority, and

(c)
where, under sections 134(8)(32) (arrangements for housing benefit) or 139(6)(33) (arrangements for council tax benefit) of the Act, as the case may be, the authority has modified any part of a scheme it administers, any amount by which the total of relevant benefit paid under that scheme during the relevant year by it exceeds the total it would have paid if the scheme had not been so modified.

Amount of subsidy

12.  The amount of an authority’s subsidy for the relevant year, to be paid pursuant to article 9—

(a)for the purposes of section 140B(1) of the Act (calculation of amount of subsidy)(34), shall be the amount or total of the amounts calculated in accordance with article 13;

(b)for the purposes of section 140B(4A)(a) of the Act (subsidy in respect of the costs of administering relevant benefits)(35) shall include, for an authority identified in column (1) of Schedule 1, the sum specified in column (2) of that Schedule for that authority, plus or minus any adjustment to be made in relation to that authority pursuant to Schedule 2.

Relevant benefit

13.—(1) Subject to any adjustment in accordance with paragraph (3), for the purposes of section 140A of the Act, the subsidy to be paid to an authority shall, subject in the case of Scottish Homes to paragraph (2), be—

(a)in the case of an authority to which none of articles 14, 16 and 17 applies, 95 per cent. of its qualifying expenditure;

(b)in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of—

(i)95 per cent. of so much of its qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the relevant benefit to which each of those articles which is relevant applies; and

(ii)the appropriate amount calculated in respect of the relevant benefit under each such article,

plus, in each case, the additions, where applicable, under articles 18 and 21(2), but subject, in each case, to the deductions, where applicable, under articles 20 and 21(3).

(2) In the case of Scottish Homes, its subsidy for the relevant year shall include a further sum being—

(a)where sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its qualifying expenditure, but subject to a maximum of £1,683,746; or

(b)where sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the maximum specified in sub-paragraph (a).

(3) Where, during the relevant year, there is a period overrun in respect of relevant benefit then the subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of—

(a)an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 3, of that part of the qualifying expenditure for that authority attributable to expenditure in respect of allowances, to the extent that the overrun relates to allowances;

(b)an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 3, of that part of the qualifying expenditure for that authority attributable to expenditure in respect of rebates, to the extent that the overrun relates to rebates; and

(c)an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 3, of the qualifying expenditure for that authority attributable to expenditure in respect of council tax benefit, to the extent that the overrun relates to council tax benefit.

Backdated benefit

14.—(1) Subject to paragraph (2), where—

(a)during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner of claiming)(36), treated any claim as made on a day earlier than that on which it is made; and

(b)any part of that authority’s qualifying expenditure is attributable to such earlier period,

for the purposes of article 13(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the qualifying expenditure so attributable.

(2) This article shall not apply in a case to which article 18(1)(b)(ii) or paragraph 6 of Schedule 4 applies.

Disproportionate rent increase

15.—(1) Except where paragraph (5), (6) or (7) applies, in the case of an authority in Scotland, whose average rent increase differential, as calculated in accordance with paragraph (2) (“the proportion”), has a value greater than zero, the deduction from qualifying expenditure specified in article 11(2)(a) shall be the proportion multiplied by the sum calculated for that authority in accordance with paragraph (4).

(2) The average rent increase differential for each authority shall be calculated by applying the formula—

where

A, B, C, D and E each has the value determined in accordance with paragraph (3).

(3) For the purposes of paragraph (2)—

(a)the value of A shall be the proportion calculated for that authority pursuant to paragraphs (3) and (4) of—

(i)in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order, or

(ii)in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year;

(b)the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;

(c)the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;

(d)the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date; and

(e)the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date.

(4) The sum referred to in paragraph (1) shall be that part of qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article, but less any part of such expenditure to which article 13(1)(b)(ii) applies.

(5) Subject to paragraph (6), this article shall not apply in the case of an authority—

(a)which has—

(i)set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters;

(ii)not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and

(iii)not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs;

or

(b)where—

(i)any increases in rent between the initial date and 1st April in the following year were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and

(ii)the average rent increase differential calculated in accordance with—

(aa)in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order; or

(bb)in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year,

for that authority had a value which was zero or less than zero.

(6) In the case of a new authority, sub-paragraph (a)(iii) of paragraph (5) shall be modified so that, in relation to the relevant year commencing on 1st April 1997, for the words “or in either of the two previous years” there shall be substituted the words “or in the previous year”.

(7) This article shall not apply in a case to which article 17 (subsidy in respect of homeless and short lease rebate cases) applies.

(8) In this article (and, in the case of the meaning ascribed to the word “beneficiary”, also in article 19(2))—

“average” means the arithmetic mean;

“beneficiary” means a person who is entitled or likely to become entitled to a rebate;

“Category 1 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;

“Category 2 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;

“final date” means the last day of the relevant year;

“initial date” means the day before the relevant year; and

“rent” means either—

(a)
the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent)(37); or

(b)
the eligible rent,

as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (3) it has the same meaning throughout in relation to that authority.

Treatment of high rents in rent allowance cases

16.—(1) Except in a case to which article 14 (backdated benefit) applies, and subject to paragraphs (2), (3) and (4) and to article 23 (transitional provisions in relation to rent officer determinations), this article applies in a rent allowance case and, where this article applies, the appropriate amount, for the purposes of article 13(1)(b)(ii), shall be calculated in accordance with Part II of Schedule 4.

(2) This article shall not apply where a dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 3, 10, 11 or 11A of Schedule 1A(38) (excluded tenancies) to the Housing Benefit Regulations.

(3) Where the dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 5 to 9 of Schedule 1A to the Housing Benefit Regulations (“a regulated tenancy”), this article shall not apply if—

(a)a rent is registered in respect of that dwelling under Part IV, V or VI of the Rent Act 1977(39) or Part V, VI or VII of the Rent (Scotland) Act 1984(40); or

(b)an application has been made for such registration as is mentioned in sub-paragraph (a), but no such registration has been made because the rent officer or rent assessment committee (which in this article has the same meaning as in those Acts), as the case may be, are satisfied that the rent is at or below the fair rent level,

but in the case of a regulated tenancy to which neither sub-paragraph (a) nor (b) applies, the appropriate amount in respect of that allowance shall be calculated in accordance with Part I of Schedule 4.

(4) This article shall not apply in a case where a maximum rent has been determined, except where—

(a)it was determined by reference to a reckonable rent and a local reference rent, when the appropriate amount shall be calculated in accordance with paragraph 14 of Schedule 4; or

(b)prior to its determination, a payment was made pursuant to regulation 91 (payment on account) of the Housing Benefit Regulations(41), when the appropriate amount, in respect of that payment, shall be calculated in accordance with paragraph 11 of Schedule 4; or

(c)regulation 11(9) of the Housing Benefit Regulations (no maximum rent for first 13 weeks) applies, when the appropriate amount shall be calculated in respect of the first 13 weeks in accordance with paragraph 15 of Schedule 4.

(5) Expressions used in this article and in Schedule 4 have the same meanings in this article as they have in that Schedule.

Subsidy in respect of homeless and short lease rebate cases

17.—(1) Subject to paragraphs (5) and (6), where paragraph (4) applies and any part of the qualifying expenditure of an authority identified in column (1) of Schedule 1, except Scottish Homes, is attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold, then for the purposes of article 13(1)(b)(ii), where that weekly eligible rent—

(a)does not exceed the cap, the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2);

(b)does exceed the cap, the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (3).

(2) Subject to paragraph (7), where paragraph (1)(a) applies, and the rebate granted—

(a)is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates;

(b)is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess and 95 per cent. of the qualifying expenditure attributable to the balance after deducting that excess.

(3) Subject to paragraph (7), where paragraph (1)(b) applies, and the rebate granted—

(a)is the same as or is less than the amount by which the eligible rent exceeds the cap, the appropriate amount shall be nil per cent. of that part of the qualifying expenditure attributable to such rebates;

(b)is greater than the amount by which the eligible rent exceeds the cap, the appropriate amount shall be the aggregate of—

(i)nil per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess over the cap;

(ii)12.5 per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess over the threshold, but not over the cap; and

(iii)95 per cent. of the qualifying expenditure attributable to the balance after deducting an amount equal to the excess over the threshold.

(4) This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold and

(a)a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985(42), section 206 of the Housing Act 1996(43) or section 35(2)(b) of the Housing (Scotland) Act 1987(44), as the case may be, for board and lodging accommodation made available to that person;

(b)a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985, section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, and which it makes available to that person;

(c)a person is required to pay to an authority for accommodation outside that authority’s Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 10 years, and which it makes available to that person.

(5) Where, in Scotland—

(a)a person is required to pay to an authority for accommodation which the authority holds on a lease granted for a term not exceeding 10 years and which it makes available to that person; and

(b)an authority, other than Scottish Homes, identified in column (1) of Schedule 1, has granted any rebate in respect of such requirements to pay,

the appropriate amount shall be calculated in accordance with paragraph (6).

(6) Where paragraph (5) applies—

(a)if the rebate granted is in respect of a person whose weekly eligible rent does not exceed the threshold, then the appropriate amount shall be 95 per cent. of that rebate;

(b)if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be nil per cent.; and

(c)if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount in respect of such part of such rebate which is equal to the excess shall be nil per cent., but in respect of that part of such rebate attributable to the balance after deducting an amount equal to the excess, the appropriate amount shall be 95 per cent..

(7) For the relevant year commencing on 1st April 1997, this article shall be modified so that, for the figure “12.5” in paragraphs (2)(a) and (b) and (3)(b)(ii), there shall be substituted the figure “17.5”.

(8) In this article, in relation to an authority falling within paragraph (1)—

“the cap” means the sum specified in relation to that authority in column (4) of Schedule 1, and

“the threshold” means the sum specified in relation to that authority in column (3) of Schedule 1.

Additions to subsidy

18.—(1) Subject to paragraphs (8), (9) and (10), the additions referred to in article 13(1) are—

(a)where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment of relevant benefit, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;

(b)subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of community charge benefit or relevant benefit has been made and an amount is to be deducted under article 19 in relation to that overpayment, an amount equal to—

(i)in the case of a departmental error overpayment, 95 per cent. of so much of the overpayment as has not been recovered by the authority;

(ii)in the case of a fraudulent overpayment 95 per cent. of the overpayment; or

(iii)except where head (i) or (ii) above applies, 25 per cent. of the overpayment;

(c)where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 11 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order (other than a deduction under article 11(1)(g) or 19(1)(c) of the 1994 Order or 11(1)(f) or 19(1)(c) of the 1995, 1996 or 1997 Orders) or, in respect of a year earlier than the relevant year, under article 19 (other than a deduction under article 19(1)(f)), as the case may be, was a fraudulent overpayment, the amount, if any, by which 95 per cent. of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment;

(d)in the case of an authority, other than Scottish Homes, identified in column (1) of Schedule 1, the sum specified in relation to that authority in column (5) of that Schedule.

(2) The amount under paragraph (1)(b) shall not include an amount in relation to—

(a)an authority error overpayment;

(b)any technical overpayment; or

(c)any overpayment discovered in the relevant year, which arose as a result of a reduction in the amount of council tax a person is or was liable to pay.

(3) In the case of a departmental error overpayment, where some or all of that overpayment is recovered by the authority, no addition shall be applicable to the authority in respect of the amount so recovered.

(4) In paragraphs (1)(b)(i) and (3) and in article 19(1)(e) “departmental error overpayment”means an overpayment caused by a mistake made, whether in the form of an act or omission—

(a)by an officer of the Department of Social Security or the Department for Education and Employment, acting as such; or

(b)in a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners),

where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake.

(5) In paragraph (1)(b)(ii) and (c), in article 19(1)(f) and in paragraph 1 of Schedule 5 “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 and which—

(a)is so classified by an officer of the authority, whom the authority has designated for the purpose of so classifying, after that date; and

(b)occurs as a result of the payment of relevant benefit or community charge benefit arising in consequence of—

(i)a breach of section 111A or 112(1) of the Act (dishonest or false representations for obtaining benefit)(45); or

(ii)a person knowingly failing to report a relevant change of circumstances, contrary to the requirements of regulation 75 of the Housing Benefit Regulations(46), regulation 63 of the Community Charge Benefits Regulations or of regulation 65 of the Council Tax Benefit Regulations, as the case may be, (duty to notify change of circumstances), with intent to obtain or retain such relevant benefit or community charge benefit for himself or another.

(6) In paragraph (2)(a) “authority error overpayment” means an overpayment caused by a mistake made, whether in the form of an act or omission, by an authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake.

(7) In paragraph (2)(b) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate or council tax benefit being awarded in advance of the payment when—

(a)a change of circumstances, which occurs subsequent to that award, reduces or eliminates entitlement to that rebate or benefit; or

(b)the authority identifies, subsequent to that award, a recoverable overpayment which does not arise from a change in circumstances,

but shall not include any part of that overpayment occurring before the benefit week following the week in which the change is disclosed to the authority or it identifies that overpayment.

(8) Except for paragraphs (1)(b)(ii), (1)(c) and (5), this article shall not apply to that part of any community charge benefit or relevant benefit in respect of a case to which paragraph (15) of regulation 72 of the Housing Benefit Regulations(47), paragraph (16) of regulation 62 of the Council Tax Benefit Regulations(48) or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), as the case may be, applies.

(9) Any reference in this article to an overpayment shall not include any relevant benefit for any period overrun or other period immediately following expiry of the specified period determined under regulation 66 of the Housing Benefit Regulations(49) or regulation 57 of the Council Tax Benefit Regulations(50) (benefit periods), as the case may be, except for so much of any relevant benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.

(10) This article shall not apply to any expenditure in respect of which, had it been qualifying expenditure, the appropriate amount would have been nil.

Deductions to be made in calculating subsidy

19.—(1) The deductions referred to in article 11(2)(b) are, subject to paragraph (4), to be of the following amounts where—

(a)subject to paragraphs (2) and (3), a tenant of an authority, who is in receipt of a rebate while continuing to occupy, or when entering into occupation of a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement—

(i)is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights (“improvements”) and chooses or chose to be so provided;

(ii)is during, or was at any time prior to, the relevant year, able to choose either to be provided with any improvements or, whether or not in return for an award or grant from the authority, to provide such improvements for himself; or

(iii)would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in head (i) or (ii) of this sub-paragraph if he were not or had not at that time been in receipt of a rebate,

the amounts attributed during the relevant year to such improvements whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;

(b)during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;

(c)during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of a rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award—

(i)made to a tenant for a reason unrelated to the fact that he is a tenant;

(ii)made under a statutory obligation;

(iii)made under section 137 of the Local Government Act 1972(51) or section 83 of the Local Government (Scotland) Act 1973(52) (power of local authorities to incur expenditure for certain purposes not otherwise authorised);

(iv)except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or

(v)of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally and which was suffered by the tenant by virtue of his occupation of his home;

(d)during the relevant year the weekly amount of relevant benefit is increased pursuant to paragraph (2) or (3) of regulation 61 of the Housing Benefit Regulations(53) or regulations 51(5) or 54(4) of the Council Tax Benefit Regulations (increases of weekly amounts for exceptional circumstances)(54), the amount of such increase;

(e)during the relevant year an amount is recovered in relation to a departmental error overpayment, within the meaning of article 18(4), the amount so recovered, in a case where the overpayment had occurred and been discovered in a year earlier than the relevant year;

(f)during the relevant year a fraudulent overpayment, within the meaning of article 18(5), is identified, the amount of the overpayment, but only to the extent that the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 4 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order or article 11(2), as the case may be;

(g)subject to sub-paragraphs (e) and (f), during the relevant year it is discovered that an overpayment of relevant benefit has been made, the amount of such overpayment, but only to the extent that—

(i)the amount of such overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the 1989 Order or the 1990 Order or under article 4 or 15 of the 1991 Order or articles 4 or 16 of the 1992 Order or the 1993 Order or articles 4 or 19 of respectively the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order, or article 11(2), as the case may be; and

(ii)the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations, paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989(55), paragraph (18) of regulation 59 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988(56), paragraph (16) of regulation 62 of the Council Tax Benefit Regulations(57) or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), as the case may be, applied;

(h)during the relevant year any instrument of payment of relevant benefit issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument;

(i)during the relevant year an amount is recovered in respect of which subsidy was paid pursuant to paragraph 6(2) of Schedule 6 to the 1996 Order or the 1997 Order or paragraph 11(2) of Schedule 4 (subsidy on payments on account), the amount so recovered, where the payment on account was made in a year earlier than the relevant year.

(2) Subject to paragraph (3), no deduction shall be made under sub-paragraph (1)(a) where the eligible rent for a tenant has been increased in a case to which that sub-paragraph would apply, but—

(a)any such services, facilities or rights (“improvements”)—

(i)relate solely to the physical needs of the property in question or the needs of that tenant; and

(ii)the increased rent in relation to such improvements is reasonable;

(b)the tenant was eligible whether or not he was a beneficiary; and

(c)the authority has not let properties, to which they intend to make improvements, either in the relevant year or in the two years preceding that year, solely or largely to beneficiaries.

(3) In paragraph (2)—

(a)“beneficiary” has the meaning it is given by article 15(8); and

(b)in a case to which article 24 applies, sub-paragraph (c) shall have effect as modified by article 24(2).

(4) Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more of the sub-paragraphs of paragraph (1), as the case may be, only the higher or highest, or, where the amounts are equal, only one amount, shall be deducted.

Deduction from subsidy

20.  Where, during the relevant year, it is found by an authority that any instrument of payment issued by it as payment of any relevant benefit or community charge benefit on or after 1st April 1988, but before the relevant year, has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 13(1) shall be the amount of any subsidy that has been paid in respect of that instrument.

Additions to and deductions from subsidy in respect of benefit savings

21.—(1) Where this article applies, the addition to or, as the case may be, deduction from subsidy referred to in article 13(1) shall be calculated in accordance with Schedule 5.

(2) This article applies in the case of an authority to which paragraph 2 of Schedule 5 applies and in such a case the addition shall be calculated in accordance with that paragraph.

(3) This article also applies in the case of an authority to which paragraph 4 of Schedule 5 applies and in such a case the deduction shall be calculated in accordance with that paragraph.

PART IVTRANSITIONAL AND SAVINGS

Provisions for claims for 1997/98

22.  In relation to the relevant year commencing on 1st April 1997 the—

(a)initial claim;

(b)mid-year claim; and

(c)returns pursuant to article 4(4) due on 15th April, 15th July and 15th October 1997 and 15th January 1998,

may be submitted not later than 7 days after the day on which this Order comes into force, but no duty to pay interim subsidy to an authority shall arise until that claim or return, as the case may be, is submitted by the authority.

Transitional provisions in relation to rent officer determinations

23.—(1) In the relevant year commencing on 1st April 1997, the expression “property-specific rent less ineligible amounts” in both paragraph 17(1) of Schedule 4 and paragraph 13(1) of Schedule 6 to the 1997 Order has effect as if after the words “(“ineligible payments”)”, there were inserted the words “or, in the case of a determination prior to 2nd October 1995, the authority is of the opinion that the exceptionally high rent did not include ineligible payments,”.

(2) In the case of any part of an award of housing benefit—

(a)made pursuant to paragraph 1(f)(iii) of Schedule 1 to the Housing Benefit Regulations (ineligible services charges)(58); and

(b)to which Part II of Schedule 4 applies,

the appropriate amount, in relation to any such part which is paid pursuant to that head of that sub-paragraph, shall be 95 per cent..

Modifications of exemption from improvements rule

24.—(1) This article applies in the case of a new authority, a 1997 authority or a 1998 authority, as the case may be, and, in these cases, the modifications set out in paragraph (2) shall apply.

(2) In relation to the relevant year commencing on—

(a)1st April 1997, in the case of a—

(i)new authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”;

(ii)1997 authority, the words “or in the two years preceding that year” shall be omitted from article 19(2)(c);

(b)1st April 1998, in the case of a—

(i)1997 authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”;

(ii)1998 authority, the words “or in the two years preceding that year” shall be omitted from article 19(2)(c);

(c)1st April 1999, in the case of a 1998 authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”.

Signed by authority of the Secretary of State for Social Security.

Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1998

We consent,

Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1998

Articles 12(b), 17(1), 18(1)(d), 21 and paragraph 1(2) of Schedule 5

SCHEDULE 1Sums to be used in the calculation of subsidy

(1) Authority
(2) Administration Subsidy (£)
(3) Homeless Threshold (£)
(4) Homeless Cap (£)
(5) Additional Subsidy (£)
(6) Benefit Savings Threshold (£)

ENGLAND

Adur
127,878
66.78
89.04
16,794
131,896

Allerdale
262,099
55.26
73.68
16,513
159,687

Alnwick
73,824
49.10
65.46
3,427
43,677

Amber Valley
224,871
51.44
68.58
16,566
145,218

Arun
327,996
81.93
109.24
59,885
462,730

Ashfield
258,825
51.38
68.50
17,555
152,894

Ashford
193,486
75.51
100.68
16,352
180,870

Aylesbury Vale
211,722
66.33
88.44
27,486
172,129

Babergh
155,665
63.11
84.14
13,981
138,951

Barking and Dagenham
568,626
134.43
161.31
51,935
401,998

Barnet
805,032
134.43
161.31
182,712
1,161,088

Barnsley
688,268
44.31
59.08
35,820
391,834

Barrow-in-Furness
217,450
63.69
84.92
27,611
212,459

Basildon
459,404
61.44
81.92
35,723
309,295

Basingstoke and Deane
285,457
69.75
93.00
25,306
210,778

Bassetlaw
242,522
55.53
74.04
19,565
164,744

Bath and North East Somerset
358,078
60.60
80.80
45,817
362,043

Bedford
373,264
54.93
73.24
35,430
327,436

Berwick-upon-Tweed
65,641
43.86
58.48
4,262
41,052

Bexley
500,711
134.43
161.31
63,299
512,036

Birmingham
3,570,059
60.39
80.52
303,832
3,064,096

Blaby
94,508
48.17
64.22
6,461
45,801

Blackburn
439,056
61.34
81.78
42,959
401,974

Blackpool
574,577
50.22
66.96
144,628
910,588

Blyth Valley
228,981
44.64
59.52
9,112
124,520

Bolsover
201,746
44.60
59.46
17,018
121,875

Bolton
752,667
52.74
70.32
54,719
639,165

Boston
130,490
51.96
69.28
8,555
82,222

Bournemouth
585,897
66.98
89.30
176,071
852,343

Bracknell Forest
178,844
64.76
86.34
23,069
164,419

Bradford
1,405,642
52.67
70.22
152,722
1,350,869

Braintree
265,985
63.39
84.52
23,205
205,186

Breckland
251,931
62.87
83.82
17,894
138,715

Brent
1,215,730
134.43
161.31
308,740
2,290,093

Brentwood
105,334
73.56
98.08
10,882
79,051

Bridgnorth
85,843
55.74
74.32
5,753
57,873

Brighton and Hove
1,090,055
66.72
88.96
277,605
1,589,134

Bristol
1,198,030
58.01
77.34
154,354
1,171,749

Broadland
171,462
62.87
83.82
11,523
104,029

Bromley
723,623
134.43
161.31
72,865
605,503

Bromsgrove
103,050
51.05
68.06
6,603
60,496

Broxbourne
154,982
78.86
105.14
18,887
137,205

Broxtowe
205,109
48.35
64.46
15,419
139,402

Burnley
275,846
57.20
76.26
41,013
304,118

Bury
392,478
55.37
73.82
38,251
317,057

Calderdale
499,812
50.79
67.72
37,735
389,214

Cambridge
241,933
62.21
82.94
28,688
260,633

Camden
1,135,353
134.43
161.31
217,817
2,116,492

Cannock Chase
195,103
61.07
81.42
8,110
123,512

Canterbury
314,511
72.21
96.28
51,929
360,227

Caradon
184,318
61.76
82.34
25,779
195,033

Carlisle
233,531
53.24
70.98
20,734
186,978

Carrick
226,358
57.98
77.30
35,041
243,303

Castle Morpeth
81,470
50.82
67.76
3,512
42,091

Castle Point
149,311
79.89
106.52
27,520
141,455

Charnwood
216,555
49.43
65.90
24,625
123,667

Chelmsford
235,200
67.16
89.54
23,114
183,365

Cheltenham
245,358
69.12
92.16
37,811
286,514

Cherwell
214,618
61.92
82.56
41,620
228,432

Chester
258,587
53.63
71.50
24,539
222,239

Chester-le-Street
128,052
49.07
65.42
7,840
78,319

Chesterfield
290,840
46.28
61.70
19,690
198,275

Chichester
192,071
66.78
89.04
24,207
204,640

Chiltern
141,376
69.75
93.00
6,927
103,264

Chorley
185,920
43.67
58.22
11,273
128,808

Christchurch
97,848
62.16
82.88
9,955
67,962

City of London
35,995
134.43
161.31
2,077
34,144

Colchester
329,837
64.52
86.02
40,744
350,322

Congleton
110,851
51.44
68.58
6,648
66,229

Copeland
190,085
52.53
70.04
13,088
139,810

Corby
145,813
51.17
68.22
18,158
113,042

Cotswold
129,910
78.06
104.08
16,142
139,006

Coventry
990,465
53.84
71.78
105,075
840,160

Craven
83,737
59.51
79.34
8,519
72,347

Crawley
188,524
66.87
89.16
14,059
102,375

Crewe and Nantwich
212,016
53.22
70.96
16,606
153,714

Croydon
998,210
134.43
161.31
195,597
1,682,556

Dacorum
249,911
61.88
82.50
20,678
169,598

Darlington
246,341
51.47
68.62
25,439
216,420

Dartford
172,150
72.29
96.38
22,102
158,730

Daventry
89,714
52.62
70.16
6,481
59,125

Derby
616,461
51.09
68.12
61,605
565,078

Derbyshire Dales
94,790
50.60
67.46
5,432
52,097

Derwentside
285,057
57.47
76.62
10,051
191,678

Doncaster
820,397
44.79
59.72
55,074
470,648

Dover
309,568
75.39
100.52
54,529
373,331

Dudley
747,010
54.45
72.60
27,076
398,544

Durham City
191,489
54.51
72.68
7,771
111,431

Ealing
988,314
134.43
161.31
249,713
1,645,573

Easington
350,031
54.62
72.82
14,278
219,061

East Cambridgeshire
134,278
62.87
83.82
11,487
72,393

East Devon
227,221
60.65
80.86
25,221
230,988

East Dorset
124,378
73.19
97.58
10,426
82,849

East Hampshire
155,484
69.75
93.00
18,563
130,268

East Hertfordshire
173,166
71.21
94.94
16,953
133,393

East Lindsey
311,667
54.15
72.20
42,682
281,490

East Northamptonshire
122,821
55.74
74.32
11,308
76,316

East Riding of Yorkshire
587,261
47.90
63.86
72,648
538,451

East Staffordshire
186,527
50.18
66.90
15,797
126,687

Eastbourne
290,825
65.99
87.98
66,091
372,888

Eastleigh
181,116
69.65
92.86
21,025
127,182

Eden
70,526
71.96
95.94
7,072
65,030

Ellesmere Port and Neston
159,211
43.04
57.38
7,997
92,942

Elmbridge
186,575
77.78
103.70
33,527
218,475

Enfield
764,927
134.43
161.31
135,084
1,110,048

Epping Forest
231,117
71.09
94.78
27,375
189,634

Epsom and Ewell
93,972
69.65
92.86
14,712
82,096

Erewash
234,962
46.55
62.06
20,230
155,563

Exeter
292,145
54.72
72.96
38,950
315,014

Fareham
119,778
66.62
88.82
11,526
115,771

Fenland
188,615
61.05
81.40
23,073
151,343

Forest Heath
90,783
56.54
75.38
8,273
63,056

Forest of Dean
143,350
60.65
80.86
14,101
117,326

Fylde
129,602
48.89
65.18
23,242
127,112

Gateshead
798,011
49.04
65.38
37,573
654,949

Gedling
191,577
48.39
64.52
20,093
146,702

Gillingham
200,492
63.80
85.06
41,605
241,010

Gloucester
275,100
65.84
87.78
58,045
353,538

Gosport
167,139
73.98
98.64
16,743
187,977

Gravesham
228,496
71.25
95.00
32,387
219,579

Great Yarmouth
309,339
48.81
65.08
58,670
317,951

Greenwich
991,405
134.43
161.31
70,845
1,027,712

Guildford
203,720
78.80
105.06
32,203
227,707

Hackney
1,495,105
134.43
161.31
243,433
2,631,330

Halton
445,350
47.43
63.24
19,880
291,347

Hambleton
138,912
47.84
63.78
12,466
82,233

Hammersmith and Fulham
878,891
134.43
161.31
152,324
1,209,033

Harborough
81,365
60.75
81.00
7,205
57,792

Haringey
1,309,264
134.43
161.31
384,860
2,746,581

Harlow
235,181
61.38
81.84
17,204
168,985

Harrogate
236,570
63.95
85.26
36,251
254,092

Harrow
458,901
134.43
161.31
103,804
705,957

Hart
89,192
93.66
124.88
12,214
74,755

Hartlepool
357,281
53.58
71.44
26,887
296,968

Hastings
416,090
69.75
93.00
96,855
501,748

Havant
232,441
69.75
93.00
29,267
178,371

Havering
487,586
134.43
161.31
52,813
358,068

Hereford
147,649
49.95
66.60
22,124
158,300

Hertsmere
219,732
62.87
83.82
16,112
132,822

High Peak
163,462
55.89
74.52
16,593
138,641

Hillingdon
553,999
134.43
161.31
69,495
742,398

Hinckley and Bosworth
130,865
55.41
73.88
11,435
70,733

Horsham
159,538
80.28
107.04
20,108
164,017

Hounslow
647,273
134.43
161.31
134,556
885,374

Huntingdonshire
213,218
59.94
79.92
21,438
168,199

Hyndburn
227,199
58.46
77.94
33,072
234,108

Ipswich
368,294
56.79
75.72
36,437
316,829

Isle of Wight
414,321
69.65
92.86
71,453
456,737

Isles of Scilly
4,837
62.57
83.42
480
2,347

Islington
1,123,082
134.43
161.31
119,640
1,431,747

Kennet
149,990
62.16
82.88
10,260
98,953

Kensington and Chelsea
716,159
134.43
161.31
181,247
1,330,284

Kerrier
246,134
62.52
83.36
31,640
255,817

Kettering
155,222
55.29
73.72
16,972
116,478

Kings Lynn and West Norfolk
295,978
53.69
71.58
25,824
223,613

Kingston-upon-Hull
1,132,617
48.24
64.32
84,023
877,215

Kingston-upon-Thames
260,543
134.43
161.31
37,274
327,577

Kirklees
975,704
56.03
74.70
81,189
828,207

Knowsley
710,398
66.47
88.62
25,991
522,403

Lambeth
1,466,392
134.43
161.31
242,655
2,236,795

Lancaster
357,398
53.75
71.66
68,838
372,326

Leeds
2,209,741
46.52
62.02
252,656
1,618,667

Leicester
992,070
57.59
76.78
91,173
880,835

Leominster
95,193
56.79
75.72
11,120
61,769

Lewes
187,874
71.16
94.88
33,257
196,293

Lewisham
1,394,404
134.43
161.31
157,200
1,491,021

Lichfield
126,414
56.48
75.30
5,274
88,920

Lincoln
297,360
48.32
64.42
28,883
249,897

Liverpool
2,676,617
63.03
84.04
247,268
2,274,531

Luton
488,572
64.37
85.82
99,748
541,967

Macclesfield
227,797
56.01
74.68
22,042
191,428

Maidstone
253,337
73.11
97.48
30,210
235,369

Maldon
118,694
62.87
83.82
11,815
92,676

Malvern Hills
171,868
56.79
75.72
12,324
107,700

Manchester
2,582,088
68.28
91.04
321,926
3,265,757

Mansfield
289,844
55.05
73.40
22,592
210,465

Melton
65,929
49.35
65.80
4,924
45,009

Mendip
216,532
62.82
83.76
29,044
228,352

Merton
474,637
134.43
161.31
90,316
600,719

Mid Bedfordshire
175,246
63.06
84.08
12,197
101,162

Mid Devon
135,635
59.66
79.54
12,103
134,651

Mid Suffolk
122,140
62.94
83.92
9,206
80,446

Mid Sussex
193,541
69.75
93.00
23,358
190,836

Middlesbrough
577,418
62.01
82.68
43,040
535,928

Milton Keynes
514,968
56.55
75.40
55,849
468,268

Mole Valley
106,180
67.64
90.18
9,110
84,126

New Forest
279,053
79.02
105.36
29,496
283,903

Newark and Sherwood
228,206
52.70
70.26
17,318
152,557

Newbury
231,302
63.65
84.86
22,539
161,331

Newcastle-under-Lyme
223,435
46.08
61.44
12,002
118,444

Newcastle-upon-Tyne
1,204,944
53.76
71.68
99,823
1,008,742

Newham
1,405,767
134.43
161.31
306,062
2,183,541

North Cornwall
218,194
61.83
82.44
26,814
211,437

North Devon
228,434
68.96
91.94
49,744
318,080

North Dorset
101,457
62.16
82.88
9,790
61,959

North East Derbyshire
198,659
44.13
58.84
7,496
89,419

North East Lincolnshire
487,204
49.53
66.04
57,609
415,405

North Hertfordshire
232,900
68.10
90.80
26,509
193,975

North Kesteven
126,616
51.93
69.24
9,073
75,134

North Lincolnshire
348,313
47.79
63.72
31,047
241,753

North Norfolk
210,497
56.81
75.74
23,763
194,284

North Shropshire
102,857
49.80
66.40
7,976
72,857

North Somerset
397,141
71.88
95.84
88,096
496,045

North Tyneside
697,436
43.89
58.52
41,484
447,423

North Warwickshire
132,192
50.87
67.82
1,964
70,311

North West Leicestershire
143,978
51.50
68.66
7,510
74,397

North Wiltshire
203,765
62.16
82.88
15,680
112,416

Northampton
436,819
59.58
79.44
49,011
382,030

Norwich
482,970
55.43
73.90
40,180
436,342

Nottingham
1,180,129
51.23
68.30
102,275
1,029,510

Nuneaton and Bedworth
265,167
50.54
67.38
21,855
179,387

Oadby and Wigston
65,895
47.79
63.72
6,017
42,002

Oldham
650,983
49.83
66.44
47,965
509,202

Oswestry
77,466
51.17
68.22
6,562
63,813

Oxford
383,190
63.66
84.88
114,187
583,821

Pendle
205,189
54.44
72.58
26,796
212,273

Penwith
245,631
62.16
82.88
31,383
273,439

Peterborough
467,877
60.66
80.88
71,644
458,690

Plymouth
810,901
51.14
68.18
123,071
905,464

Poole
283,768
65.54
87.38
45,421
298,015

Portsmouth
639,913
63.35
84.46
112,410
789,798

Preston
386,172
54.59
72.78
30,618
362,840

Purbeck
84,925
73.85
98.46
10,489
88,691

Reading
394,266
86.43
115.24
79,870
625,106

Redbridge
623,608
134.43
161.31
177,223
1,164,212

Redcar and Cleveland
418,250
56.79
75.72
32,816
358,238

Redditch
167,224
56.96
75.94
8,731
125,690

Reigate and Banstead
182,767
76.38
101.84
25,011
175,839

Restormel
259,807
61.52
82.02
39,891
292,172

Ribble Valley
56,900
48.99
65.32
5,910
43,041

Richmond-upon-Thames
354,553
134.43
161.31
52,668
427,000

Richmondshire
64,601
57.99
77.32
4,764
54,097

Rochdale
652,511
53.88
71.84
55,747
576,056

Rochester-upon-Medway
475,882
69.75
93.00
145,537
596,579

Rochford
121,091
65.54
87.38
13,503
99,828

Rossendale
165,506
54.69
72.92
13,965
146,027

Rother
195,370
78.17
104.22
30,053
269,340

Rotherham
732,018
41.01
54.68
27,841
368,025

Rugby
158,052
55.05
73.40
12,882
115,949

Runnymede
114,980
84.15
112.20
13,932
102,460

Rushcliffe
133,688
54.11
72.14
16,374
100,302

Rushmoor
169,673
70.20
93.60
20,654
140,364

Rutland
41,072
62.45
83.26
3,506
33,970

Ryedale
92,963
47.84
63.78
6,608
58,719

Salford
946,212
59.88
79.84
118,474
811,910

Salisbury
203,593
75.42
100.56
31,454
233,171

Sandwell
1,094,694
63.72
84.96
37,457
666,360

Scarborough
304,242
58.28
77.70
49,014
340,684

Sedgefield
271,099
49.91
66.54
8,673
145,269

Sedgemoor
230,064
65.04
86.72
34,915
245,387

Sefton
833,997
60.30
80.40
118,581
626,349

Selby
108,461
56.70
75.60
12,753
75,188

Sevenoaks
217,364
69.75
93.00
14,568
140,528

Sheffield
1,783,708
48.11
64.14
80,086
988,603

Shepway
313,111
65.15
86.86
72,493
322,882

Shrewsbury and Atcham
180,265
51.77
69.02
16,700
150,926

Slough
309,462
76.25
101.66
61,722
348,684

Solihull
365,333
60.66
80.88
14,997
238,449

South Bedfordshire
196,480
68.28
91.04
18,050
149,304

South Bucks
118,491
54.44
72.58
5,747
54,273

South Cambridgeshire
137,662
64.64
86.18
16,026
100,192

South Derbyshire
127,602
51.68
68.90
10,106
81,416

South Gloucestershire
321,486
64.20
85.60
35,613
269,401

South Hams
166,628
71.61
95.48
23,248
188,508

South Herefordshire
85,103
56.42
75.22
9,521
75,202

South Holland
118,135
52.41
69.88
6,810
61,504

South Kesteven
209,043
51.05
68.06
20,888
147,578

South Lakeland
165,867
56.30
75.06
20,505
166,780

South Norfolk
169,103
60.41
80.54
12,067
113,879

South Northamptonshire
87,511
62.27
83.02
8,279
60,552

South Oxfordshire
167,355
77.46
103.28
22,949
175,905

South Ribble
166,467
55.19
73.58
7,506
83,774

South Shropshire
91,951
56.79
75.72
7,417
68,142

South Somerset
290,674
64.88
86.50
34,710
273,471

South Staffordshire
150,300
55.74
74.32
5,317
86,675

South Tyneside
641,203
43.28
57.70
22,358
319,233

Southampton
720,762
60.98
81.30
129,673
854,135

Southend-on-Sea
581,600
67.67
90.22
128,468
796,676

Southwark
1,484,813
134.43
161.31
177,225
1,725,838

Spelthorne
165,953
69.75
93.00
18,373
107,680

St Albans
183,420
70.88
94.50
19,874
158,127

St Edmundsbury
172,675
60.23
80.30
12,913
128,499

St Helens
551,113
60.24
80.32
28,032
385,518

Stafford
173,075
53.24
70.98
11,093
104,732

Staffordshire Moorlands
125,838
52.10
69.46
5,830
68,896

Stevenage
225,525
69.93
93.24
14,784
215,198

Stockport
732,362
48.95
65.26
64,980
520,489

Stockton-on-Tees
490,003
54.03
72.04
35,145
389,940

Stoke-on-Trent
717,477
54.66
72.88
66,160
578,870

Stratford-on-Avon
163,243
57.86
77.14
16,564
152,759

Stroud
190,040
70.58
94.10
21,767
176,322

Suffolk Coastal
243,824
53.81
71.74
22,936
184,799

Sunderland
1,034,976
51.02
68.02
69,866
902,530

Surrey Heath
97,959
69.75
93.00
14,229
70,167

Sutton
381,843
134.43
161.31
52,198
380,949

Swale
351,322
53.28
71.04
45,584
281,513

Swindon
351,787
55.83
74.44
44,079
292,731

Tameside
643,335
54.75
73.00
45,911
499,475

Tamworth
162,153
58.44
77.92
14,846
121,192

Tandridge
91,479
61.44
81.92
10,876
76,588

Taunton Deane
243,870
57.08
76.10
38,246
246,089

Teesdale
50,299
50.57
67.42
3,393
28,552

Teignbridge
245,394
61.82
82.42
37,679
302,613

Tendring
364,362
61.20
81.60
60,595
337,218

Test Valley
142,734
71.12
94.82
10,865
114,844

Tewkesbury
113,041
55.94
74.58
11,535
86,193

Thanet
545,211
69.02
92.02
126,147
728,833

The Wrekin
368,768
63.80
85.06
26,801
325,920

Three Rivers
142,908
69.99
93.32
12,095
116,882

Thurrock
333,204
62.57
83.42
33,951
260,390

Tonbridge and Malling
214,340
69.75
93.00
13,928
132,426

Torbay
463,173
65.66
87.54
119,577
722,209

Torridge
136,673
55.40
73.86
24,812
176,723

Tower Hamlets
1,103,625
134.43
161.31
61,014
1,040,370

Trafford
472,828
56.40
75.20
54,183
410,719

Tunbridge Wells
231,636
69.75
93.00
22,146
196,425

Tynedale
96,882
55.89
74.52
4,451
59,649

Uttlesford
96,287
63.42
84.56
10,896
78,913

Vale of White Horse
164,628
69.75
93.00
15,225
100,146

Vale Royal
193,126
53.03
70.70
8,752
128,703

Wakefield
852,265
47.40
63.20
28,915
468,241

Walsall
726,656
50.01
66.68
21,607
392,978

Waltham Forest
945,280
134.43
161.31
179,371
1,313,780

Wandsworth
1,112,645
134.43
161.31
198,874
1,501,769

Wansbeck
192,072
46.55
62.06
13,677
97,048

Warrington
397,883
46.38
61.84
18,430
245,900

Warwick
223,438
60.02
80.02
23,430
189,326

Watford
183,140
67.28
89.70
32,693
204,878

Waveney
360,838
55.59
74.12
72,065
428,777

Waverley
169,295
72.98
97.30
21,055
152,269

Wealden
201,307
59.70
79.60
29,268
190,485

Wear Valley
208,550
53.51
71.34
9,623
121,824

Wellingborough
137,726
50.39
67.18
16,960
91,520

Welwyn Hatfield
206,002
62.00
82.66
16,192
145,904

West Devon
93,870
68.27
91.02
18,347
95,485

West Dorset
198,984
62.16
82.88
17,457
153,522

West Lancashire
256,511
53.37
71.16
13,373
197,059

West Lindsey
144,292
51.35
68.46
15,106
102,985

West Oxfordshire
133,171
65.48
87.30
19,977
132,872

West Somerset
94,922
75.86
101.14
16,274
118,663

West Wiltshire
214,452
73.46
97.94
36,653
229,497

Westminster(59)
1,949,765
134.43
161.31
369,579
1,978,731

Weymouth and Portland
170,040
56.84
75.78
39,128
233,719

Wigan
749,696
47.37
63.16
33,095
456,169

Winchester
166,209
69.71
92.94
14,894
154,244

Windsor and Maidenhead
243,228
69.75
93.00
23,238
189,060

Wirral
1,102,692
66.02
88.02
130,785
1,056,229

Woking
131,190
85.19
113.58
18,476
147,662

Wokingham
123,973
73.17
97.56
20,438
125,297

Wolverhampton
855,372
54.92
73.22
41,214
556,450

Worcester
206,198
53.91
71.88
42,244
198,464

Worthing
239,767
67.01
89.34
58,860
327,785

Wychavon
199,817
56.79
75.72
11,278
99,831

Wycombe
221,749
77.37
103.16
23,249
189,457

Wyre
196,507
55.19
73.58
25,209
135,024

Wyre Forest
188,559
56.52
75.36
17,033
135,575

York
364,553
60.51
80.68
49,942
361,192

WALES

Blaenau Gwent
200,096
56.76
75.68
14,799
152,680

Bridgend
258,229
56.84
75.78
35,520
265,018

Caerphilly
335,215
59.90
79.86
36,496
189,602

Cardiff
713,150
64.89
86.52
100,994
896,265

Carmarthenshire
307,870
54.26
72.34
44,543
356,135

Ceredigion
126,174
58.97
78.62
24,250
169,528

Conwy
242,452
53.45
71.26
47,398
326,266

Denbighshire
197,249
48.83
65.10
50,187
238,293

Flintshire
212,466
52.38
69.84
21,878
202,442

Gwynedd
226,214
52.65
70.20
39,345
254,344

Isle of Anglesey
155,321
52.76
70.34
26,295
195,591

Merthyr Tydfil
172,864
54.62
72.82
12,090
98,256

Monmouthshire
114,763
62.72
83.62
10,164
130,150

Neath Port Talbot
328,340
54.53
72.70
26,992
294,765

Newport
316,578
62.21
82.94
38,816
344,385

Pembrokeshire
204,423
53.27
71.02
39,203
276,200

Powys
195,953
53.31
71.08
21,144
191,109

Rhondda, Cynon, Taff
536,851
55.52
74.02
48,511
439,827

Swansea
572,406
56.81
75.74
69,819
475,274

Torfaen
200,878
65.51
87.34
17,280
119,494

Vale of Glamorgan
214,396
63.95
85.26
42,944
289,933

Wrexham
261,738
48.51
64.68
22,657
157,431

SCOTLAND

Aberdeen City
460,211
40.22
53.63
25,950
244,401

Aberdeenshire
302,423
47.26
63.01
18,279
165,284

Angus
249,516
36.37
48.49
13,763
107,992

Argyll and Bute
209,714
53.22
70.96
24,153
193,793

Clackmannanshire
124,150
43.86
58.48
3,410
63,856

Dumfries and Galloway
380,377
50.30
67.07
30,956
261,124

Dundee City
633,345
54.85
73.13
28,157
449,344

East Ayrshire
338,898
39.30
52.40
12,845
188,654

East Dunbartonshire
135,198
47.39
63.18
7,606
90,985

East Lothian
231,028
41.43
55.24
16,986
132,155

East Renfrewshire
141,182
42.23
56.30
7,654
87,309

Edinburgh City
1,400,098
63.59
84.79
171,687
1,425,902

Falkirk
375,927
40.90
54.53
10,525
177,025

Fife
1,003,184
44.67
59.57
59,157
561,870

Glasgow City
3,464,837
58.17
77.56
177,196
2,387,108

Highland
493,914
56.34
75.11
36,556
355,481

Inverclyde
361,459
48.80
65.06
14,058
202,075

Midlothian
201,049
35.02
46.69
8,417
72,930

Moray
172,278
42.62
56.83
13,042
114,470

North Ayrshire
465,825
45.24
60.32
24,766
282,327

North Lanarkshire
1,011,559
46.43
61.91
18,876
526,410

Orkney
35,967
51.68
68.91
3,523
29,899

Perthshire and Kinross
282,947
42.23
56.30
31,716
175,641

Renfrewshire
516,402
45.24
60.32
18,955
275,959

Scottish Borders
249,815
43.31
57.75
9,230
114,758

Shetland
29,251
53.47
71.29
1,187
17,464

South Ayrshire
285,495
47.90
63.87
27,343
228,350

South Lanarkshire
798,920
49.20
65.61
22,511
483,316

Stirling
184,051
51.41
68.55
11,697
115,183

West Dunbartonshire
329,459
50.58
67.44
7,041
185,236

West Lothian
410,108
41.01
54.67
14,474
220,931

Western Isles
59,609
56.19
74.93
3,016
39,373

DEVELOPMENT CORPORATIONS

Scottish Homes
654,842

251,911

Article 12(b)

SCHEDULE 2ADJUSTMENT FOR PRIORITISATION OF CLAIMS

General and interpretation

1.—(1) The adjustment to the sum in respect of the cost of administering relevant benefits referred to in article 12(b) shall be calculated in accordance with the formula—

where

A is, in a case where an authority’s total credits in accordance with paragraph 2(a) exceed that authority’s total debits in accordance with paragraph 2(b), the amount by which those credits exceed those debits;

B is, in a case where an authority’s total debits in accordance with paragraph 2(b) exceed that authority’s total credits in accordance with paragraph 2(a), the amount by which those debits exceed those credits;

C is, in a case where an authority’s total credits in accordance with paragraph 5(a) exceed that authority’s total debits in accordance with paragraph 5(b), the amount by which those credits exceed those debits; and

D is, in a case where an authority’s total debits in accordance with paragraph 5(b) exceed that authority’s total credits in accordance with paragraph 5(a), the amount by which those debits exceed those credits.

(2) In this Schedule, “last day” has the meaning ascribed to that term, for the purposes of housing benefit, in paragraph 12 of Schedule 5A to the Housing Benefit Regulations or, for the purposes of council tax benefit, paragraph 8 of Schedule 5A to the Council Tax Benefit Regulations(60) (extended payments).

Housing benefit claims

2.  In a case where a claim for housing benefit given priority under regulation 76(4) of the Housing Benefit Regulations(61) (priority for extended payments) is made to an authority and—

(a)paragraph 3 applies to that claim, that authority shall be credited with £10;

(b)paragraph 4 applies to that claim, that authority shall be debited by £10.

3.  This paragraph applies where an authority determines a claim to which paragraph 2 applies within 4 weeks of the last day and also within either—

(a)14 days of the receipt of that claim by that authority; or

(b)7 days of the receipt by that authority of all the information necessary to determine it.

4.  This paragraph applies where an authority does not determine a claim to which paragraph 2 applies within whichever is the later of—

(a)14 days of receipt of that claim by that authority;

(b)7 days of the receipt by that authority of all the information necessary to determine that claim; or

(c)4 weeks following the last day.

Council tax benefit claims

5.  In a case where a claim for council tax benefit given priority under regulation 66(4) of the Council Tax Benefit Regulations(62) (priority for extended payments) is made to an authority and—

(a)paragraph 3 applies to that claim, that authority shall be credited with £10;

(b)paragraph 4 applies to that claim, that authority shall be debited by £10.

6.  This paragraph applies where an authority determines a claim to which paragraph 5 applies within 4 weeks of the last day and also within either—

(a)14 days of the receipt of that claim by that authority; or

(b)7 days of the receipt by that authority of all the information necessary to determine it.

7.  This paragraph applies where an authority does not determine a claim to which paragraph 5 applies within whichever is the later of—

(a)14 days of the receipt of that claim by that authority;

(b)7 days of the receipt by that authority of all the information necessary to determine that claim; or

(c)4 weeks following the last day.

Article 13(3)

SCHEDULE 3CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

PART IGENERAL INTERPRETATION

1.  In this Schedule, unless the context otherwise requires—

“period overrun” means any period, in the relevant year—

(i)
which follows a benefit period in that year or the previous year; and

(ii)
in respect of which the authority makes a payment to a claimant after the expiration of the benefit period without making a further award under regulation 66 of the Housing Benefit Regulations(63) or regulation 57 of the Council Tax Benefit Regulations(64), as the case may be;

“benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations or regulation 57 of the Council Tax Benefit Regulations, as the case may be, save that where an authority makes an award under one of those regulations for a specified period of less than 60 benefit weeks commencing with the benefit week when that specified period began;

“overrun week” means any week forming part of a period overrun, and

“the Table” means the Table in paragraph 5(2).

PART IIDEDUCTIONS

2.  The percentage referred to in article 13(3)(a) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.

3.  The percentage referred to in article 13(3)(b) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of that Table.

4.  The percentage referred to in article 13(3)(c) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.

PART IIICALCULATIONS AND TABLE

5.—(1) In the heading to column (1) in the Table in sub-paragraph (2), “total benefit weeks” means the total of all benefit weeks and overrun weeks for all claimants in the appropriate category as described in paragraph 2, 3 or 4, as the case may be, granted benefit by the authority in the relevant year.

(2) The Table referred to in this Schedule is as follows

(1) Overrun weeks in the relevant year as a percentage of the total benefit weeks in that year
(2) Percentage reduction for the purpose of paragraph 2, 3 or 4, as the case may be

81 to 100%
5%

61 to 80.99%
4%

41 to 60.99%
3%

21 to 40.99%
2%

5 to 20.99%
1%

less than 5%
nil per cent.

Articles 13(1) and 16

SCHEDULE 4HIGH RENTS AND RENT ALLOWANCES

PART IREGULATED TENANCIES

1.—(1) In a case to which this Part applies, where any part of the qualifying expenditure of an authority, whose area is or lies within an area identified in column (1) of the Table in Part V, is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Table, the appropriate amount shall be calculated in accordance with sub-paragraph (2).

(2) Where the allowance granted—

(a)is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the qualifying expenditure attributable to such allowance;

(b)is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be the aggregate of 25 per cent. of that part of the qualifying expenditure attributable to such allowance which is equal to the excess and 95 per cent. of that part of the qualifying expenditure attributable to the balance.

PART IIRENT OFFICERS' DETERMINATIONS

Calculation of the appropriate amount

2.  The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with paragraph 6, 7, 8, 9 or 11 as appropriate.

Rent officers' determinations

3.  Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.

4.  This Part also applies in a case where the dwelling A is in a hostel and, by virtue of regulation 12A(2) of the Housing Benefit Regulations(65) (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.

5.  This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations(66) (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.

6.  Except where paragraph 5 applies, this Part also applies in a case where an authority is required, under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer), to apply for a determination in relation to a dwelling during the relevant year which a rent officer would be required to make, but the authority fails to apply for that determination, and, in such a case, the appropriate amount shall be nil.

Rent officers' property-specific rent

7.  Where —

(a)the rent officer determines a property-specific rent, but not a size-related rent; and

(b)the amount of eligible rent does not exceed the property-specific rent less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.

8.—(1) Where—

(a)the rent officer determines a property-specific rent, but not a size-related rent; and

(b)the amount of eligible rent exceeds the property-specific rent less ineligible amounts,

then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or sub-paragraph (3), as the case may be.

(2) Where the allowance granted is the same as or is less than the excess—

(a)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(b)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.

(3) Where the allowance granted is greater than the excess the appropriate amount shall be

(a)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(b)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

together with 95 per cent. of the qualifying expenditure which remains after deducting the excess.

Rent officers' property-specific and size-related rents

9.—(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.

(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.

(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.

(4) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—

(a)where the allowance is the same as or is less than the excess—

(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)where the allowance granted is greater than the excess the appropriate amount shall be—

(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.

(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—

(a)where the allowance is the same as or is less than the excess—

(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)where the allowance granted is greater than the excess the appropriate amount shall be—

(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.

Restriction on unreasonable rents or on rent increases

10.  This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A)(67), (4), as in force on 1st January 1996, or 12(2)(68) of the Housing Benefit Regulations (restrictions on unreasonable rents or rent increases)(69), as in force on 5th October 1997.

Payments on account of rent allowance

11.—(1) This paragraph applies in a case where—

(a)an authority makes a payment on account pursuant to regulation 91 of the Housing Benefit Regulations(70) (payments on account); and

(b)on the subsequent determination by that authority the amount of rent allowance payable is less than the amount of that payment.

(2) In a case where this paragraph applies, the appropriate amount shall be 95 per cent. of so much of any amount which—

(a)is not in excess of the appropriate indicative rent level in relation to the dwelling, in respect of which the claim for rent allowance, pursuant to which the payment on account was paid, was made; and

(b)has not been recovered pursuant to either regulation 91(3) or regulation 99 (recoverable overpayments)(71) of the Housing Benefit Regulations.

(3) In any case to which this paragraph applies where any such payments on account were in excess of the appropriate indicative rent level, the appropriate amount shall be nil.

Relevant date

12.  For the purposes of this Part—

(a)in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;

(b)in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;

(c)in a case where, during the relevant year—

(i)there has been a change relating to a rent allowance within the meaning of regulation 12A(8)(72) of the Housing Benefit Regulations; and

(ii)by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect)(73) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;

(d)in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—

(i)if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;

(iii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;

(e)in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be, the relevant date is

(i)if the designated rent determination under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii)if the designated rent determination under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.

Termination date

13.  For the purposes of this Part “termination date” means—

(a)31st March in the relevant year; or

(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or

(c)the date on which the allowance ceases to be paid in respect of the tenancy,

whichever is the earlier date in the relevant year.

PART IIIRECKONABLE RENT CASES

14.  In a case where article 16(4)(a) applies—

(a)where the authority, in determining the reckonable rent, has lessened that rent, in accordance with regulation 10(3) of and Schedule 1 to the Housing Benefit Regulations (ineligible charges), by a sum less than the ineligible amounts, the appropriate amount shall be 95 per cent. of the maximum rent as calculated by reference to the value of those ineligible amounts and the local reference rent; and

(b)in a case where sub-paragraph (a) does not apply, the appropriate amount shall be 95 per cent. of the eligible rent as determined by the authority.

15.  In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in regulation 11(9) of the Housing Benefit Regulations, 95 per cent. of the eligible rent less ineligible amounts.

PART IVGENERAL AND INTERPRETATION

Apportionment

16.  For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).

Interpretation

17.—(1) In this Schedule, unless the context otherwise requires—

“appropriate indicative rent level” means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under paragraph 1A or Part II of Schedule 1 to the Housing Benefit Regulations (meal and fuel charges);

“designated rent” means—

(a)
in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;

(b)
in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;

“ineligible amounts” means, except as provided in the definition of “property-specific rent less ineligible amounts” below—

(a)
any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);

(b)
any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amount ineligible for meals)(74);

(c)
where the dwelling is a hostel within the meaning of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges)(75), other than under sub-paragraphs (d) to (f) of that paragraph;

“property-specific rent”, except as provided in the definition of “property-specific rent less ineligible amounts” below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;

“property-specific rent less ineligible amounts” has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges for food and fuel), as the case may be (“ineligible payments”), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;

“size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,

and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule and in regulation 11 of the Housing Benefit Regulations shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.

(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.

(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—

(a)the terms of the tenancy of a dwelling; or

(b)the size or composition of the household occupying that dwelling,

which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.

PART VTHRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

18.  The Table referred to in paragraph 1 is—

TABLE

(1) Area
(2) Threshold (Weekly Sum)

£

ENGLAND (Rent Registration Areas)

Avon
91.49

Barking & Dagenham
136.89

Barnet
153.80

Bedfordshire
83.98

Berkshire
109.89

Bexley
136.34

Brent
128.25

Bromley
152.37

Buckinghamshire
97.32

Cambridgeshire
72.37

Camden
191.70

Cheshire
84.05

City of London
129.16

Cleveland
73.95

Cornwall
103.56

Croydon
193.15

Cumbria
54.28

Derbyshire
65.99

Devon
96.92

Dorset
87.82

Durham
67.25

Ealing
164.12

Enfield
138.34

Essex
110.99

Gloucestershire
79.93

Greater Manchester
89.50

Greenwich
131.58

Hackney
128.65

Hammersmith & Fulham
137.54

Hampshire
104.85

Haringey
133.32

Harrow
147.08

Havering
136.70

Hereford & Worcester
95.98

Hertfordshire
95.20

Hillingdon
144.56

Hounslow
144.60

Humberside
76.12

Isle of Wight
94.10

Islington
147.08

Kensington & Chelsea
157.32

Kent
119.44

Kingston-upon-Thames
159.11

Lambeth
127.73

Lancashire
99.30

Leicestershire
63.75

Lewisham
109.77

Lincolnshire
66.12

Merseyside
75.87

Merton
150.34

Midlands (West)
81.47

Newham
114.80

Norfolk
75.70

Northamptonshire
67.32

Northumberland
63.48

Nottinghamshire
72.89

Oxfordshire
121.89

Redbridge
124.10

Richmond-upon-Thames
163.07

Shropshire
104.79

Somerset
79.30

Southwark
129.36

Staffordshire
78.83

Suffolk
72.20

Surrey
122.08

Sussex (East)
121.69

Sussex (West)
113.68

Sutton
135.18

Tower Hamlets
144.22

Tyne & Wear
62.08

Waltham Forest
116.34

Wandsworth
154.80

Warwickshire
81.38

Westminster
195.73

Wiltshire
83.80

Yorkshire (North)
87.88

Yorkshire (South)
69.06

Yorkshire (West)
77.18

WALES (Rent Registration Areas)

Bridgend & Glamorgan Valleys
66.76

Cardiff & Vale of Glamorgan
77.99

North East Wales
60.90

North West Wales
58.63

Powys
69.55

South East Wales
70.60

Swansea, Neath & Port Talbot
62.75

West Wales
68.48

SCOTLAND (Areas of pre 1996 authorities)

Borders Region
108.56

Central
105.45

Dumfries & Galloway
95.84

Fife
106.51

Grampian
94.89

Highlands & Western Islands
81.42

Lothian
100.19

Other Islands
76.72

Strathclyde
93.60

Tayside
99.92

Articles 13 and 21

SCHEDULE 5BENEFIT SAVINGS

General and interpretation

1.—(1) The additions to or deductions from subsidy referred to in articles 13 and 21 shall be calculated in accordance with this Schedule.

(2) In this Schedule, unless the context otherwise requires—

A is equal to

(B + C) × 32,

where—

B is the total sum of benefit savings made by an authority; and

C is the total sum of benefit-related savings made by an authority;

D is the sum specified in column (6) of Schedule 1 (Benefits Savings Threshold) for an authority identified in column (1) of that Schedule;

E is 0.75 of the value of D;

F is twice the value of D;

G is thrice the value of D;

“authorised person” means—

(i)
an officer of an authority; or

(ii)
an employee of an authority’s contractor,

who has been designated by that authority for the investigation of fraud;

“benefit savings” means, in a case where an award of benefit had—

(a)
been made before an intervention and a fraudulent overpayment has arisen; or

(b)
been made before the intervention, but no overpayment of relevant benefit can be determined by the authority by reason of paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Housing Benefit Regulations or paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Council Tax Benefit Regulations (income and capital to be disregarded) where a person is in receipt of income support or an income-based jobseeker’s allowance(76), as the case may be, pending the determination of an adjudication officer; or

(c)
not been made before the intervention,

any amount, which would—

(i)
but for the intervention, have been paid by way of relevant benefit to a claimant during a benefit week; and

(ii)
had it been paid as relevant benefit, have been a fraudulent overpayment (or in a case within paragraph (a) above, have also been a fraudulent overpayment), within the meaning of article 18(5),

or, in a case where only a proportion of that non-payment was due to the intervention, the amount shall be that proportion;

“benefit-related savings” means—

(i)
where benefit savings have been established and the investigation that led to those savings has also led to a determination by an adjudication officer that no designated benefit, or less designated benefit is payable to a claimant, any specified amount of designated benefit that would, but for that intervention and consequent determination, have been paid to that claimant; and

(ii)
where the benefit savings were less than the total relevant benefit not paid, the benefit-related savings shall be an amount determined by applying to the total of designated benefit not paid a percentage equal to the percentage which those benefit savings bear to the total relevant benefit not paid;

“designated benefit” means income support, incapacity benefit, jobseeker’s allowance, retirement pension, severe disablement allowance and widow’s pension, in a case where a claimant was, prior to the intervention, also being paid relevant benefit;

“intervention” means an investigation and intervention of one or more authorised persons whilst involved in the investigation of fraud and not in the performance of any other duty; and

“specified amount”, in relation to a claimant, means—

(i)
where the benefit is income support, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Income Support (General) Regulations 1987(77);

(ii)
where the benefit is incapacity benefit or severe disablement allowance, half of the fortnightly payment in arrears by which such benefit is to be paid, pursuant to regulation 24(1) of the Social Security (Claims and Payments) Regulations 1987(78) or, in a case where that regulation does not apply, would be so paid if that regulation did apply;

(iii)
where the benefit is jobseeker’s allowance, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Jobseeker’s Allowance Regulations 1996(79);

(iv)
where the benefit is retirement pension or widow’s pension, the amount payable in respect of the week in advance in which such benefit is to be paid, pursuant to regulation 22(1) of the Social Security (Claims and Payments) Regulations 1987(80) or, in a case where that regulation does not apply, would be so paid if that regulation did apply.

Addition to subsidy

2.—(1) Subject to sub-paragraphs (2) and (3), in the case of an authority where A is greater than D, the addition for that authority shall be 25 per cent. of the sum by which A exceeds D.

(2) Subject to sub-paragraph (3), in the case of an authority where A is greater than F, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1), plus 5 per cent. of the sum by which A exceeds F.

(3) In the case of an authority where A is greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraphs (1) and (2), plus 10 per cent. of the sum by which A exceeds G.

No addition or deduction

3.  In the case of an authority where—

(a)A is the same as or is less than D; and

(b)A is also the same as or exceeds E, or where, by reason of paragraph 4(2), paragraph 4(1) does not apply,

there shall be no addition or deduction under this Schedule for that authority.

Deduction from subsidy

4.—(1) Subject to sub-paragraph (2), in the case of an authority where A is less than E, the deduction for that authority shall be the sum by which A is less than E.

(2) Sub-paragraph (1) shall not apply in a case where the value of D for an authority is less than £60,000.

Explanatory Note

(This note is not part of the Order)
This Order makes provision for claims for, the calculation of and payment of subsidy payable under the Social Security Administration Act 1992 to authorities administering housing benefit or council tax benefit on and after 1st April 1997; section 140C(4) of that Act gives it retrospective effect.
Part II provides for the time and manner in which claims for subsidy are to be made and, subject to certain conditions in relation to such claims, for when subsidy on those claims is to be paid.
It sets out in Part III the manner in which the total figure for an authority’s subsidy for a financial year beginning on or after 1st April 1997 is calculated (articles 12(a) and 13 to 17 and Schedules 1, 3, 4 and 5) and the manner of calculating the additional sum payable to an authority in respect of the costs of administering those benefits (article 12(b) and Schedules 1 and 2).
The Order also makes provision for additions to and deductions from subsidy (articles 11(2), 13, 18, 19, 20 and 21 and Schedules 1, 3 and 5).
Part IV makes certain transitional and consequential provisions.
This Order does not impose a charge on businesses.


(1)
See section 189(8) of the Social Security Administration Act 1992 (c. 5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c. 52).

(2)
1992 c. 5; sections 140B, 140C and 140E were inserted by section 121 of and paragraph 4 of Schedule 12 to the Housing Act 1996; section 140B was amended by section 10 of, paragraph 7 of Schedule 1 and Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c. 47); Section 140C(4) gives it retrospective effect.

(3)
1996 c. 52; section 189(3) to (7) of the Social Security Administration Act is applied to paragraph 5 of Schedule 12 to the Housing Act by paragraph 5(3) of that Schedule.

(4)
Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.

(5)
1972 c. 70; sections 1 and 2 of the Local Government (Wales) Act 1994 (c. 19) substituted sections 20 and 21 of the Local Government Act 1972 and made other consequential amendments to that Act.

(6)
1994 c. 59.

(7)
S.I. 1995/531; amended by S.I. 1996/547.

(8)
Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52).

(9)
S.I. 1989/607.

(10)
S.I. 1990/785.

(11)
S.I. 1991/587.

(12)
S.I. 1992/739.

(13)
S.I. 1993/935.

(14)
S.I. 1994/523.

(15)
S.I. 1995/872.

(16)
S.I. 1996/1217.

(17)
S.I. 1997/1004.

(18)
1972 c. 70.

(19)
1973 c. 65.

(20)
S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1445, 2022, 1989/1678, 1992/3147 and 1993/2119.

(21)
Regulation 12A was inserted by regulation 5 of S.I. 1990/546; relevant amending instrument is S.I. 1995/560.

(22)
S.I. 1989/1321, amended by S.I. 1990/834, 835, 1549, 1657, 1773, 1991/234, 849, 1599, 2742, 2910, 1992/432, 1026, 1101, 1326, 1385, 2148 and 1993/1105.

(23)
S.I. 1992/1814, amended by S.I. 1993/349, 688, 963, 1150, 1249, 1540, 2118, 1994/470, 578, 1925, 2137 and 3061, 1995/511, 559, 560, 625, 626, 1339, 1742, 2303, 3282, 1996/30, 462, 1510, 2006, 2432, 2518, 1997/65, 852, 1671, 1790, 1841, 2434 and 2676.

(24)
S.I. 1987/1971, amended by S.I. 1988/661, 909, 1444, 1843, 1971, 1989/43, 416, 566, 1017, 1322, 1990/546, 671, 1549, 1657, 1775, 2564, 1991/235, 1599, 2910, 1992/50, 201, 432, 1026, 1101, 1326, 1585, 2147, 1993/317, 518, 963, 1150, 1249, 1540, 2118, 1994/470, 578, 1003, 2137, 3061, 1995/511, 559, 560, 625, 626, 1339, 1644, 1742, 2303, 2868, 3282, 1996/30, 194, 462, 965, 1510, 1944, 2006, 2432, 2518, 1997/65, 85, 852, 1671, 1790, 1974, 1975, 2197, 2434, 2435, 2619 and 2676.

(25)
See the meaning of “relevant benefit” in section 140B(2) of the Social Security Administration Act 1992, inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52).

(26)
S.I. 1997/1984.

(27)
S.I. 1997/1995.

(28)
S.I. 1995/1642, amended by S.I. 1995/2365, 3148, 1996/959, 1997/1000 and 1984.

(29)
S.I. 1995/1643, amended by S.I.1995/2361, 3185, 1996/975, 1997/1003 and 1995.

(30)
1992 c. 4; amended by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1).

(31)
Regulation 91 was amended by S.I. 1995/2868.

(32)
Section 134(8) allows modification of the housing benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension.

(33)
Section 139(6) allows modification of the council tax benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension; it was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 20.

(34)
Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996.

(35)
Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996; subsection (4A) was inserted by section 10 of the Social Security Administration (Fraud) Act 1997 (c. 47).

(36)
Regulations 72(15) and 62(16) were amended by S.I. 1996/462.

(37)
Regulation 10(1) was amended by S.I. 1988/1971.

(38)
Schedule 1A was inserted by regulation 13 of S.I. 1990/546; paragraph 3 was substituted by S.I. 1995/2868 and paragraph 11A was inserted by S.I. 1992/432 and amended by S.I. 1997/852.

(39)
1977 c. 42.

(40)
1984 c. 58.

(41)
Regulation 91 was amended by S.I. 1995/2868.

(42)
1985 c. 68, repealed by the Housing Act 1996, Schedule 19 Part VIII, but remains in force for applications made before 20/1/97.

(43)
1996 c. 52.

(44)
1987 c. 26.

(45)
Section 111A was inserted by section 13 of the Social Security Administration (Fraud) Act 1997 (c. 47).

(46)
Regulation 75 was amended by S.I. 1990/546.

(47)
Regulation 72(15) was amended by S.I. 1996/462.

(48)
Regulation 62(16) was amended by S.I. 1996/462.

(49)
Regulation 66 was amended by S.I. 1988/1971, 1989/1322 and 1996/1510.

(50)
Regulation 57 was amended by S.I. 1996/1510.

(51)
1972 c. 70; section 137 was amended by the Local Government (Miscellaneous Provisions) Act 1982 (c. 3), section 44; the Local Government Finance Act 1982 (c. 32), section 34, Schedule 5 paragraph 5; the Local Government Act 1986 (c. 10), section 3 and by the Local Government and Housing Act 1989 (c. 42), section 194, Schedule 12.

(52)
1973 c. 65; section 83 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43), sections 6 and 50; the Rating and Valuation Amendment (Scotland) Act 1987 (c. 31), section 9; the Local Government Act 1986 (c. 10), section 3; the Abolition of Domestic Rates (Scotland) Act 1987 (c. 47), Schedule 1 paragraph 27 and by the Local Government and Housing Act 1989 (c. 42), section 36(9).

(53)
Paragraph (2) of regulation 61 was inserted by S.I. 1994/578 and paragraph (3) by S.I. 1995/1644.

(54)
Regulations 51(5) and 54(4) were added by S.I. 1994/2137.

(55)
S.I. 1989/1322.

(56)
S.I. 1988/1890, amended by S.I. 1989/43, 361, 972 and 1990/127.

(57)
Regulation 62(16) was amended by S.I. 1996/462.

(58)
Head (iii) was added to sub-paragraph 1(f) as from 18th August 1997 by S.I. 1997/1974, but will, by regulation 3 of that instrument, cease to have effect on 31st October 1998.

(59)
Includes 1m funding for London Organised Fraud Investigation Team pursuant to section 140E of the Act (added by Schedule 12, para 4 to the Housing Act 1996).

(60)
Schedule 5A was added to each of those Regulations by S.I. 1996/194 and each was amended by S.I. 1997/1790.

(61)
Paragraph (4) of regulation 76 was added by S.I. 1996/194.

(62)
Paragraph (4) of regulation 66 was added by S.I. 1996/194.

(63)
Regulation 66 was amended by S.I. 1988/1971, 1989/1322 and 1996/1510.

(64)
Regulation 57 was amended by S.I. 1996/1510.

(65)
Regulation 12A was inserted by regulation 5 of S.I. 1990/546; relevant amendments are S.I. 1993/317, 1995/560 and 1996/965.

(66)
Schedule 1A was inserted by regulation 12 of S.I. 1990/546 and paragraph 2 was amended by S.I. 1991/235, 1993/317, 1249, 1995/560, 1996/965 and 1997/852.

(67)
Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566.

(68)
Paragraph (2) was added by regulation 3(b) of S.I. 1989/566.

(69)
Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852, but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852.

(70)
Regulation 91 was amended by S.I. 1995/2868.

(71)
Regulation 99 was amended by S.I. 1988/1843, 1991/234, 1991/1599 and 1997/65.

(72)
Regulation 12A was added by S.I. 1990/546 and paragraph 8 was amended by S.I. 1993/317.

(73)
Regulation 68 was amended by S.I. 1990/546, 1992/432 and 1994/578.

(74)
Paragraph 1A was inserted by S.I. 1988/1944 and amended by S.I. 1989/416, 1991/235, 1993/317, 1996/599 and 1997/65.

(75)
Paragraph 1 was amended by S.I. 1988/1444, 1991/1599, 1994/1003 and 1997/1974.

(76)
These paragraphs were all amended by S.I. 1996/1510.

(77)
S.I. 1987/1967; the definition of “benefit week” was added by S.I. 1988/1445.

(78)
S.I. 1987/1968; regulation 24 was substituted by regulation 9 of S.I. 1994/2943.

(79)
S.I. 1996/207; the definition of “benefit week” was amended by S.I. 1996/1517 and 2538.

(80)
The relevant amendments are S.I. 1991/2741 and 1994/3196.
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