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Social Security and Housing Benefits Act 1982

Status:

This is the original version (as it was originally enacted).

30Local schemes

(1)Subject to the following provisions of this section—

(a)a rating authority may by resolution provide that, in its application to the authority, the statutory rate rebate scheme shall have effect with the modifications specified in the resolution;

(b)a housing authority may by resolution provide that, in its application to the authority, the statutory rent rebate scheme shall have effect with the modifications specified in the resolution; and

(c)a local authority may by resolution provide that, in its application to the authority, the statutory rent allowance scheme shall have effect with the modifications specified in the resolution ;

and in this Part " local rate rebate scheme ", " local rent rebate scheme" and " local rent allowance scheme " mean (in each case) the corresponding statutory scheme as so modified.

(2)The power to modify a statutory scheme under this section shall be subject to any exceptions specified in the scheme ; but nothing in such a scheme shall preclude the making of modifications which secure that, in determining the resources of any person (whether the occupier or any other person whose resources fall to be aggregated with his), any war disablement pension or war widow's pension payable to that person shall be disregarded. In this subsection " war disablement pension" and " war widow's pension " have the same meanings as in the Pensioners' Payments and Social Security Act 1979.

(3)No modifications under this section shall be such that a person to whom the statutory scheme would otherwise apply receives a rebate or allowance less than that which he would have received under that scheme; and where a local authority make modifications of either statutory rent scheme, they shall also make such modifications (if any) of the other statutory rent scheme as appear to them to correspond to those modifications.

(4)Modifications under this section shall be so framed as to secure that, in the estimate of the authority, the total of the rebates or allowances which will be granted by the authority under the local scheme in any year will not exceed the permitted total of rebates or allowances for that year.

(5)Modifications under this section may be revoked or varied by a further resolution of the authority.

(6)In relation to a local scheme, the permitted total of rebates or allowances for any year shall be an amount calculated, in the manner prescribed by regulations made by the Secretary of State with the consent of the Treasury, by reference to the rebates or allowances which, if—

(a)the local scheme had not been in force ; and

(b)the statutory scheme had had effect with such modifications (if any) as may be prescribed by the regulations, would have been granted by the authority under the statutory scheme during that year.

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