Articles 13 and 21
SCHEDULE 9BENEFIT SAVINGS
PART IGENERAL INTERPRETATION
1.—(1) The additions to or deductions from, as the case may be, housing benefit subsidy or council tax benefit 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;
B is the total sum of housing benefit savings made by a relevant authority;
C is the total sum of housing benefit related savings made by a relevant authority;
D is equal to (E + F) × 32;
E is the total sum of council tax benefit savings made by a relevant authority;
F is the total sum of council tax benefit related savings made by a relevant authority; G, in the case of a relevant authority, is the figure prescribed in column (2) of the Table in Part IV for that authority;
H is 0.75 of the value of G;
I is 0.5 of the value of G;
“authorised person” means
(i)an officer of a relevant authority; or
(ii)an employee of a relevant authority’s contractor,
where that individual has been designated by that authority for the investigation of fraud;
“council tax benefit savings” means any amount which would have been allowed by way of council tax benefit to a claimant during a benefit week, but for the investigation and intervention of one or more authorised persons, and which would, had that amount been allowed as council tax benefit, have been fraudulent excess benefit, within the meaning of article 18(7), or in a case where only a proportion of that non-allowance was due to that investigation and intervention the amount shall be that proportion;
“council tax benefit related savings” means—
(i)where council tax benefit savings have been established and that investigation has also led to a determination by an adjudication officer that no relevant benefit, or less relevant benefit is payable, any specified amount of relevant benefit that would, but for that investigation and consequent determination, have been paid to that claimant; and
(ii)in a case where the council tax benefit savings were less than the total council tax benefit not allowed, the council tax benefit related savings shall be an amount determined by applying to the total of relevant benefit not paid a percentage equal to the percentage which those council tax benefit savings bear to the total council tax benefit not allowed, except that in neither case shall it include any amount which has been included in the housing benefit related savings for that authority;
“housing benefit savings” means any amount which would have been paid by way of housing benefit to a claimant during a benefit week, but for the investigation and intervention of one or more authorised persons, and which would, had that amount been paid as housing benefit, have been a fraudulent overpayment, within the meaning of article 10(5), or, in a case where only a proportion of that non-payment was due to that investigation and intervention, the amount shall be that proportion;
“housing benefit related savings” means—
(i)where housing benefit savings have been established and that investigation has also led to a determination by an adjudication officer that no relevant benefit or less relevant benefit is payable, any specified amount of relevant benefit that would, but for that investigation and consequent determination, have been paid to that claimant; and
(ii)in a case where the housing benefit savings were less than the total housing benefit not paid, the housing benefit related savings shall be an amount determined by applying to the total of relevant benefit not paid a percentage equal to the percentage which those housing benefit savings bear to the total housing benefit not paid;
“specified amount” means in relation to any particular claimant—
(i)in the case of 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(1);
(ii)in the case of incapacity benefit, severe disablement allowance or unemployment benefit, 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(2) or, in a case where that regulation does not apply, would be so paid if that regulation did apply;
(iii)in the case of 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(3);
(iv)in the case of 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(4) or, in a case where that regulation does not apply, would be so paid if that regulation did apply;
“a relevant authority” is an authority identified in column (1) of the Table in Part IV, and
“relevant benefit” means income support, incapacity benefit, jobseeker’s allowance, retirement pension, severe disablement allowance, unemployment benefit and widow’s pension, in a case where a claimant is in receipt of housing benefit or council tax benefit, as the case may be.
PART IIHOUSING BENEFIT SAVINGS
Addition to housing benefit subsidy
2.—(1) Subject to sub-paragraph (2), in the case of a relevant authority where the savings which are the sum of (A + D) are greater than H, the addition for that authority shall be 10 per cent. of the sum calculated by applying the following formula—
(2) In the case of a relevant authority where the savings which are the sum of (A + D) are greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1) plus 15 per cent. of the sum calculated by applying the following formula—
3. In the case of a relevant authority where the savings which are the sum of (A + D) do not exceed H, but do exceed I, there shall be no addition or deduction under this Part for that authority.
Deduction from housing benefit subsidy
4.—(1) Subject to sub-paragraph (2), in the case of a relevant authority where the savings which are the sum of (A + D) are less than I, the deduction for that authority shall be the sum calculated by applying the following formula—
(2) In a case where the value of G for a relevant authority is less than £60,000, there shall be no deduction for that authority.
PART IIICOUNCIL TAX BENEFIT SAVINGS
Council tax benefit savings
5.—(1) Subject to sub-paragraph (2), in the case of an authority where the savings which are the sum of (A + D) are greater than H, the addition for that authority shall be 10 per cent. of the sum calculated by applying the following formula—
(2) In the case of an authority where the savings which are the sum of (A + D) are greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1) plus 15 per cent. of the sum calculated by applying the following formula—
6. In the case of an authority where the savings which are the sum of (A + D) do not exceed H, but do exceed I, there shall be no addition or deduction under this Part for that authority.
Deduction from council tax benefit subsidy
7.—(1) Subject to sub-paragraph (2), in the case of an authority where the savings which are the sum of (A + D) are less than I, the deduction for that authority shall be the sum calculated by applying the following formula—
(2) In a case where the value of G for a relevant authority is less than £60,000, there shall be no deduction for that authority.
PART IVTABLE
8. The Table referred to in this Schedule is as follows:
| (1) Authority | (2) Sum £ |
|---|---|
| ENGLAND | |
| Adur | 124,947 |
| Allerdale | 175,182 |
| Alnwick | 46,281 |
| Amber Valley | 153,047 |
| Arun | 402,374 |
| Ashfield | 155,189 |
| Ashford | 174,156 |
| Aylesbury Vale | 199,063 |
| Babergh | 129,542 |
| Barking and Dagenham | 411,419 |
| Barnet | 1,009,642 |
| Barnsley | 435,571 |
| Barrow-in-Furness | 184,747 |
| Basildon | 268,952 |
| Basingstoke and Deane | 274,999 |
| Bassetlaw | 166,884 |
| Bath and North East Somerset | 346,946 |
| Bedford | 347,467 |
| Berwick-upon-Tweed | 36,782 |
| Bexley | 564,056 |
| Birmingham | 3,533,842 |
| Blaby | 55,171 |
| Blackburn | 349,543 |
| Blackpool | 791,816 |
| Blyth Valley | 132,893 |
| Bolsover | 129,644 |
| Bolton | 610,960 |
| Boston | 80,423 |
| Bournemouth | 743,493 |
| Bracknell Forest | 166,085 |
| Bradford | 1,349,353 |
| Braintree | 218,299 |
| Breckland | 182,313 |
| Brent | 2,018,173 |
| Brentwood | 86,474 |
| Bridgnorth | 61,061 |
| Brighton | 785,933 |
| Bristol | 1,290,913 |
| Broadland | 132,336 |
| Bromley | 706,606 |
| Bromsgrove | 65,857 |
| Broxbourne | 148,838 |
| Broxtowe | 149,676 |
| Burnley | 286,143 |
| Bury | 320,237 |
| Calderdale | 407,446 |
| Cambridge | 245,266 |
| Camden 1,890,262 | |
| Cannock Chase | 121,833 |
| Canterbury | 347,482 |
| Caradon | 169,594 |
| Carlisle | 173,197 |
| Carrick | 211,568 |
| Castle Morpeth | 49,034 |
| Castle Point | 123,004 |
| Charnwood | 143,170 |
| Chelmsford | 199,626 |
| Cheltenham | 249,143 |
| Cherwell | 239,521 |
| Chester | 209,400 |
| Chester-le-Street | 83,749 |
| Chesterfield | 203,856 |
| Chichester | 177,948 |
| Chiltern | 137,253 |
| Chorley | 129,822 |
| Christchurch | 84,270 |
| City of London | 39,157 |
| Colchester | 304,628 |
| Congleton | 72,988 |
| Copeland | 144,274 |
| Corby | 110,384 |
| Cotswold | 120,875 |
| Coventry | 927,234 |
| Craven | 71,563 |
| Crawley | 89,022 |
| Crewe and Nantwich | 148,228 |
| Croydon | 1,542,259 |
| Dacorum | 202,095 |
| Darlington | 225,940 |
| Dartford | 182,012 |
| Daventry | 59,917 |
| Derby | 574,073 |
| Derbyshire Dales | 58,688 |
| Derwentside | 176,622 |
| Doncaster | 547,500 |
| Dover | 338,595 |
| Dudley | 462,743 |
| Durham City | 112,186 |
| Ealing | 1,563,640 |
| Easington | 204,067 |
| East Cambridgeshire | 90,839 |
| East Devon | 209,415 |
| East Dorset | 103,428 |
| East Hampshire | 151,851 |
| East Hertfordshire | 147,579 |
| East Lindsey | 294,126 |
| East Northamptonshire | 89,962 |
| East Riding of Yorkshire | 505,080 |
| East Staffordshire | 157,159 |
| Eatbourne | 324,250 |
| Eastleigh | 161,505 |
| Eden | 62,305 |
| Ellesmere Port and Neston | 86,583 |
| Elmbridge | 240,305 |
| Enfield | 1,093,496 |
| Epping Forest | 223,077 |
| Epsom and Ewell | 100,260 |
| Erewash | 156,212 |
| Exeter | 285,028 |
| Fareham | 100,670 |
| Fenland | 166,934 |
| Forest Heath | 70,480 |
| Forest of Dean | 118,963 |
| Fylde | 110,532 |
| Gateshead | 569,708 |
| Gedling | 166,449 |
| Gillingham | 247,205 |
| Gloucester | 315,069 |
| Gosport | 164,631 |
| Gravesham | 228,319 |
| Great Yarmouth | 309,986 |
| Greenwich | 1,075,517 |
| Guildford | 232,729 |
| Hackney | 2,288,113 |
| Halton | 324,067 |
| Hambleton | 95,769 |
| Hammersmith and Fulham | 1,319,799 |
| Harborough | 64,050 |
| Haringey | 2,448,685 |
| Harlow | 175,792 |
| Harrogate | 252,975 |
| Harrow | 613,876 |
| Hart | 90,529 |
| Hartlepool | 287,381 |
| Hastings | 436,303 |
| Havant | 224,347 |
| Havering | 445,137 |
| Hereford | 137,652 |
| Hertsmere | 155,541 |
| High Peak | 136,401 |
| Hillingdon | 676,432 |
| Hinckley and Bosworth | 91,509 |
| Horsham | 162,212 |
| Hounslow | 894,618 |
| Hove | 595,923 |
| Huntingdon | 182,690 |
| Hyndburn | 217,750 |
| Ipswich | 315,147 |
| Isle of Wight | 506,965 |
| Isles of Scilly | 2,041 |
| Islington | 1,437,903 |
| Kennet | 117,096 |
| Kensington and Cheslea | 1,258,473 |
| Kerrier | 232,571 |
| Kettering | 128,510 |
| Kings Lynn and West Norfolk | 214,146 |
| Kingston-upon-Hull | 782,973 |
| Kingston-upon-Thames | 324,236 |
| Kirklees | 853,316 |
| Knowsley | 509,921 |
| Lambeth | 2,304,537 |
| Lancaster | 381,061 |
| Leeds | 1,933,564 |
| Leicester | 806,889 |
| Leominster | 53,712 |
| Lewes | 214,099 |
| Lewisham | 1,607,163 |
| Lichfield | 77,322 |
| Lincoln | 217,302 |
| Liverpool | 2,443,998 |
| Luton | 521,979 |
| Macclesfield | 181,122 |
| Maidstone | 210,246 |
| Maldon | 80,588 |
| Malvern Hills | 136,358 |
| Manchester | 3,005,068 |
| Mansfield | 233,965 |
| Melton | 50,917 |
| Mendip | 198,567 |
| Merton | 628,088 |
| Mid Bedfordshire | 137,758 |
| Mid Devon | 122,066 |
| Mid Suffolk | 95,456 |
| Mid Sussex | 216,657 |
| Middlesbrough | 494,207 |
| Milton Keynes | 428,800 |
| Mole Valley | 91,272 |
| New Forest | 266,011 |
| Newark and Sherwood | 168,503 |
| Newbury | 203,352 |
| Newcastle-under-Lyme | 135,960 |
| Newcastle-upon-Tyne | 996,040 |
| Newham | 1,898,731 |
| North Cornwall | 198,926 |
| North Devon | 276,591 |
| North Dorset | 74,585 |
| North East Derbyshire | 98,356 |
| North East Lincolnshire | 398,618 |
| North Hertfordshire | 219,548 |
| North Kesteven | 85,472 |
| North Lincolnshire | 240,303 |
| North Norfolk | 181,385 |
| North Shropshire | 78,866 |
| North Somerset | 461,323 |
| North Tyneside | 525,673 |
| North Warwickshire | 74,702 |
| North West Leicestershire | 90,313 |
| North Wiltshire | 138,548 |
| Northampton | 365,320 |
| Norwich | 383,608 |
| Nottingham | 1,062,629 |
| Nuneaton and Bedworth | 185,309 |
| Oadby and Wigston | 44,041 |
| Oldham | 532,605 |
| Oswestry | 55,742 |
| Oxford | 588,985 |
| Pendle | 204,447 |
| Penwith | 242,007 |
| Peterborough | 456,231 |
| Plymouth | 803,934 |
| Poole | 310,554 |
| Portsmouth | 712,939 |
| Preston | 327,726 |
| Purbeck | 78,926 |
| Reading | 543,570 |
| Redbridge | 1,049,827 |
| Redcar and Cleveland | 348,825 |
| Redditch | 109,296 |
| Reigate and Banstead | 208,770 |
| Restormel | 254,063 |
| Ribble Valley | 37,427 |
| Richmond-upon-Thames | 498,631 |
| Richmondshire | 48,135 |
| Rochdale | 571,314 |
| Rochester-upon-Medway | 525,358 |
| Rochford | 119,298 |
| Rossendale | 129,599 |
| Rother | 235,197 |
| Rotherham | 424,028 |
| Rugby | 122,383 |
| Runnymede | 118,253 |
| Rushcliffe | 126,074 |
| Rushmoor | 203,183 |
| Rutland | 32,747 |
| Ryedale | 76,509 |
| Salford | 867,381 |
| Salisbury | 214,803 |
| Sandwell | 767,126 |
| Scarborough | 296,247 |
| Sedgefield | 154,408 |
| Sedgemoor | 229,440 |
| Sefton | 749,476 |
| Selby | 77,377 |
| Sevenoaks | 195,979 |
| Sheffield | 1,235,186 |
| Shepway | 280,767 |
| Shrewsbury and Atcham | 143,937 |
| Slough | 375,873 |
| Solihull | 265,669 |
| South Bedfordshire | 174,815 |
| South Bucks | 88,198 |
| South Cambridgeshire | 114,749 |
| South Derbyshire | 91,736 |
| South Gloucestershire | 264,097 |
| South Hams | 163,920 |
| South Herefordshire | 65,393 |
| South Holland | 74,136 |
| South Kesteven | 152,159 |
| South Lakeland | 154,671 |
| South Norfolk | 124,607 |
| South Northamptonshire | 72,292 |
| South Oxfordshire | 178,797 |
| South Ribble | 106,041 |
| South Shropshire | 74,141 |
| South Somerset | 274,208 |
| South Staffordshire | 83,090 |
| South Tyneside | 436,684 |
| Southampton | 810,198 |
| Southend-on-Sea | 781,979 |
| Southwark | 1,605,262 |
| Spelthorne | 150,031 |
| St Albans | 190,643 |
| St Edmundsbury | 136,731 |
| St Helens | 398,218 |
| Stafford | 121,058 |
| Staffordshire Moorlands | 81,123 |
| Stevenage | 211,931 |
| Stockport | 534,640 |
| Stockton-on-Tees | 357,756 |
| Stoke-on-Trent | 503,365 |
| Stratford-on-Avon | 132,834 |
| Stroud | 173,530 |
| Suffolk Coastal | 160,695 |
| Sunderland | 790,360 |
| Surrey Heath | 106,838 |
| Sutton | 410,104 |
| Swale | 310,230 |
| Tameside | 556,731 |
| Tamworth | 110,750 |
| Tandridge | 84,999 |
| Taunton Deane | 213,990 |
| Teesdale | 28,581 |
| Teignbridge | 263,142 |
| Tendring | 353,749 |
| Test Valley | 120,524 |
| Tewkesbury | 92,013 |
| Thamesdown | 329,385 |
| Thanet | 633,768 |
| The Wrekin | 299,646 |
| Three Rivers | 120,993 |
| Thurrock | 282,224 |
| Tonbridge and Malling | 187,517 |
| Torbay | 628,008 |
| Torridge | 153,672 |
| Tower Hamlets | 1,001,985 |
| Trafford | 431,839 |
| Tunbridge Wells | 235,782 |
| Tynedale | 62,182 |
| Uttlesford | 87,934 |
| Vale of White Horse | 135,389 |
| Vale Royal | 123,515 |
| Wakefield | 582,904 |
| Walsall | 452,534 |
| Waltham Forest | 1,247,320 |
| Wandsworth | 1,730,479 |
| Wansbeck | 103,229 |
| Warrington | 301,377 |
| Warwick | 190,379 |
| Watford | 201,048 |
| Waveney | 434,114 |
| Waverley | 161,600 |
| Wealden | 165,639 |
| Wear Valley | 132,268 |
| Wellingborough | 107,862 |
| Welwyn Hatfield | 164,617 |
| West Devon | 83,030 |
| West Dorset | 162,543 |
| West Lancashire | 171,356 |
| West Lindsey | 98,629 |
| West Oxfordshire | 136,113 |
| West Somerset | 103,185 |
| West Wiltshire | 215,389 |
| Westminster | 2,246,947 |
| Weymouth and Portland | 218,942 |
| Wigan | 528,610 |
| Winchester | 160,038 |
| Windsor and Maidenhead | 252,773 |
| Wirral | 1,135,524 |
| Woking | 134,487 |
| Wokingham | 138,356 |
| Wolverhampton | 626,207 |
| Worcester | 181,172 |
| Worthing | 300,460 |
| Wychavon | 146,428 |
| Wycombe | 205,654 |
| Wyre | 171,236 |
| Wyre Forest | 154,315 |
| York | 337,297 |
| WALES | |
| Blaenau Gwent | 166,309 |
| Bridgend | 249,381 |
| Caerphilly | 297,862 |
| Cardiff | 904,283 |
| Carmarthenshire | 333,951 |
| Ceredigion | 147,146 |
| Conwy | 286,633 |
| Denbighshire | 207,211 |
| Flintshire | 199,081 |
| Gwynedd | 221,169 |
| Isle of Anglesey | 170,079 |
| Merthyr Tydfil | 153,182 |
| Monmouthshire | 113,174 |
| Neath Port Talbot | 261,402 |
| Newport | 340,959 |
| Pembrokeshire | 240,174 |
| Powys | 166,182 |
| Rhondda, Cynon, Taff | 448,577 |
| Swansea | 586,302 |
| Torfaen | 167,111 |
| Vale of Glamorgan | 252,116 |
| Wrexham | 180,195 |
| SCOTLAND | |
| Aberdeen City | 232,699 |
| Aberdeenshire | 182,977 |
| Angus | 126,760 |
| Argyll and Bute | 168,516 |
| Clackmannanshire | 64,665 |
| Dumfries and Galloway | 232,481 |
| Dundee City | 420,381 |
| East Ayrshire | 164,957 |
| East Dunbartonshire | 87,857 |
| East Lothian | 135,716 |
| East Renfrewshire | 75,921 |
| Edinburgh City | 1,360,754 |
| Falkirk | 182,368 |
| Fife | 567,527 |
| Glasgow City | 2,359,900 |
| Highland | 313,204 |
| Inverclyde | 186,791 |
| Midlothian | 111,069 |
| Moray | 105,479 |
| North Ayrshire | 245,502 |
| North Lanarkshire | 462,806 |
| Orkney | 25,999 |
| Perth and Kinross | 176,132 |
| Renfrewshire | 279,607 |
| Scottish Borders | 139,568 |
| Shetland | 15,186 |
| South Ayrshire | 201,944 |
| South Lanarkshire | 428,836 |
| Stirling | 115,641 |
| West Dunbartonshire | 162,949 |
| West Lothian | 192,114 |
| Western Isles | 34,237 |
| NEW TOWNS | |
| Cumbernauld | 24,675 |
| Irvine (DC) | 15,635 |
| Livingstone (DC) | 32,393 |
| Scottish Homes | 271,329 |