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Social Security and Housing Benefits Act 1982

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This is the original version (as it was originally enacted).

32Subsidies to authorities

(1)For the initial year and each subsequent year the Secretary of State shall pay out of money provided by Parliament—

(a)a subsidy to be known as " rate rebate subsidy " to each rating authority;

(b)a subsidy to be known as " rent rebate subsidy " to each housing authority; and

(c)a subsidy to be known as " rent allowance subsidy " to each local authority.

(2)Subject to subsection (3) below, an authority's subsidy for any year shall be of an amount calculated, in the manner prescribed by an order made by the Secretary of State with the consent of the Treasury, by reference to—

(a)in the case of an authority granting rebates or allowances under the statutory scheme during that year or any part of it, the rebates or allowances so granted or, if the order so provides, the rebates or allowances which, if the scheme had had effect with the modifications prescribed by the order, would have been granted by the authority under the scheme during that year or, as the case may be, that part of it;

(b)in the case of an authority granting rebates or allowances under a local scheme during that year or any part of it, the rebates or allowances which, if—

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

(ii)the statutory scheme had had effect with such modifications (if any) as may be prescribed by the order, would have been granted by the authority under the statutory scheme during that year or, as the case may be, that part of it; and

(c)in any case, such of the costs of administering rebates or allowances incurred by the authority during the year as may be determined in the manner prescribed by the order.

(3)The amount of an authority's subsidy for any year shall not be less than the aggregate of—

(a)in the case of an authority falling within paragraph (a) of subsection (2) above, 90 per cent, of the rebates or allowances mentioned in that paragraph;

(b)in the case of an authority falling within paragraph (b) of that subsection, 90 per cent, of the rebates or allowances mentioned in that paragraph; and

(c)in any case, the costs mentioned in paragraph (c) of that subsection.

(4)Rent rebate subsidy shall be payable—

(a)in the case of a local authority in England and Wales or the Greater London Council.—

(i)for the credit of their Housing Revenue Account to the extent that it is calculated by reference to Housing Revenue Account rebates and the costs of administering such rebates ; and

(ii)for the credit of their general rate fund to the extent that it is not so calculated:

(b)in the case of a local authority in Scotland, for the credit of their rent rebate account;

(c)in the case of a new town corporation in England and Wales or the Development Board for Rural Wales, for the credit of their housing account; and

(d)in the case of a new town corporation in Scotland or the Scottish Special Housing Association, for the credit of the account to which rent rebates granted by them are debited.

(5)Rent allowance subsidy shall be payable—

(a)in the case of a local authority in England and Wales,

for the credit of their general rate fund ; and

(b)in the case of a local authority in Scotland, for the credit of their rent allowance account.

(6)In this section " initial year " means the period of twelve months ending with 31st March 1983.

(7)The provisions of this section and sections 33 and 34 below have effect in substitution for the following enactments, namely—

(a)section 8(1) of the Local Government Act 1974, section 3 of the Housing Rents and Subsidies Act 1975, section 19 of the Development of Rural Wales Act 1976 and section 117 of the Housing Act 1980 (which make provision, in relation to England and Wales, for rate rebate grants and rent rebate and rent allowance subsidies) ; and

(b)sections 5, 6 and 11 of the Housing (Financial Provisions) (Scotland) Act 1972 and section 115 of the Local Government (Scotland) Act 1973 (which make corresponding provision for Scotland);

and those enactments are accordingly repealed.

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