The Housing Benefit (Permitted Totals) Order 1988

Statutory Instruments

1988 No. 471

HOUSING, ENGLAND AND WALES

HOUSING, SCOTLAND

The Housing Benefit (Permitted Totals) Order 1988

Made

9th March 1988

Laid before Parliament

11th March 1988

Coming into force

1st April 1988

The Secretary of State for Social Services, in exercise of powers conferred on him by section 28(10) of the Social Security Act 1986(1) and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of authorities concerned(2), hereby makes the following Order:—

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Housing Benefit (Permitted Totals) Order 1988 and shall come into force on 1st April 1988.

(2) In this Order—

“housing benefit” means rate rebate, rent rebate or rent allowance, as the circumstances may require;

“Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987(3).

Permitted totals of benefit

2.  For the purpose of section 28(9) of the Social Security Act 1986, the permitted total of rebates or allowances for any year in relation to an authority shall be the amount obtained by deducting 100% of any increases in housing benefit granted during that year by that authority under regulation 69(8) of the Housing Benefit Regulations (additional amount of benefit in exceptional circumstances) from the total housing benefit granted by that authority during that year and multiplying the resultant figure by 100.1%.

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

Michael Portillo

Parliamentary Under-Secretary of State,

Department of Health and Social Security

9th March 1988

Explanatory Note

(This note is not part of the Order)

This Order sets out the basis for calculating the permitted total of rebates or allowances for any year for authorities granting housing benefit under Part II of the Social Security Act 1986, and limits the amount by which housing benefit payments may be increased on account of payments to claimants whose circumstances are exceptional.

(1)

1986 c. 50.

(2)

See section 61(7)(b) of the Social Security Act 1986.

(3)

S.I. 1987/1971.