The Housing Benefit and Council Tax Benefit (Subsidy) Order 1996

Articles 3 and 15

SCHEDULE 1 CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS

PART I GENERAL INTERPRETATION

1.—(1) The additional sum which may be paid to an authority under section 135(5) of the Act shall be the aggregate of the housing benefit amount calculated in accordance with Part II, the supplementary amount and the additional supplementary amount calculated in accordance with Part III, except that, in the case of authorities in Scotland who administer only council tax benefit, the housing benefit amount, the supplementary amount and the additional supplementary amount shall be nil.

(2) In this Schedule, unless the context otherwise requires, “housing benefit amount” means the housing benefit applicable amount calculated in accordance with Part II and “total of supplementary amounts” means the total of—

(a) the supplementary amount calculated in accordance with paragraph 3;

(b) the additional supplementary amount calculated in accordance with paragraph 4; and

(c) the supplementary amount of council tax benefit administration subsidy calculated in accordance with paragraph 7 of Schedule 2.

PART II APPLICABLE AMOUNT

Housing benefit applicable amount

2.  For the purposes of Part I, the housing benefit applicable amount shall be calculated by applying the following formula—

where—

• A is—

  (a)

  in the case of development corporations, the Development Board for Rural Wales or the Scottish Homes, £1,543,186;

  (b)

  in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

  (i)

  in England, £78,626,279;

  (ii)

  in Wales, £3,266,787;

  (iii)

  in Scotland, £10,078,507;

• B—

  (a)

  except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 10, is the aggregate of the amounts obtained by multiplying each figure prescribed in column (2)(a)(i) to (2)(b)(iv) of that Schedule for that authority by the figure appropriate to that category and authority prescribed in column (2)(a) or (b), as the case may be, of Schedule 11;

  (b)

  in the case of an authority identified in column (1) of Schedule 12, is the aggregate amount determined in accordance with paragraph (a) above further multiplied by the figure specified for that ,authority in column (2) of that Schedule; and

• C is, in the case of an authority referred to in—

  (a)

  subparagraph (a) of the definition of A, 7,057,742.75;

  (b)

  sub-paragraph (b)(i) of the definition of A, 818,444,793.69;

  (c)

  sub-paragraph (b)(ii) of the definition of A, 45,650,645.97;

  (d)

  sub-paragraph (b)(iii) of the definition of A, 85,585,837.

PART III SUPPLEMENTARY AMOUNT

Supplementary amount

3.  For the purposes of Part I, except in the case of development corporations, the Development Board for Rural Wales or the Scottish Homes, the supplementary amount shall be calculated by applying the following formula—

where—

• D is—

  (a)

  in England, £5,985,138;

  (b)

  in Wales, £248,672;

  (c)

  in Scotland, £767,190;

• E—

  (a)

  except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 10, is the aggregate of the amounts obtained by multiplying the figure prescribed in columns (2)(a)(ii), (2)(b)(ii) and (2)(b)(iv) of that Schedule by the figure appropriate to that figure and that authority prescribed in column (2)(a)(ii), (2)(b)(ii) and (2)(b)(iv), as the case may be, of Schedule 11;

  (b)

  in the case of an authority identified in column (1) of Schedule 12, is the aggregate amount determined in accordance with paragraph (a) above multiplied by the figure specified for that authority in column (2) of that Schedule; and

• F is, in the case of an authority referred to in—

  (a)

  England, 472,687,641;

  (b)

  Wales, 24,890,300;

  (c)

  Scotland, 31,015,311.

Additional supplementary amount

4.  For the purposes of Part I, the applying the following formula—

where—

• G is—

  (a)

  in the case of development corporations, the Development Board for Rural Wales or additional supplementary amount shall be calculated by the Scottish Homes, £51,075;

  (b)

  in the case of authorities other than those specified in sub-paragraph (a) of this paragraph

  (i)

  in England, £2,496,267;

  (ii)

  in Wales, £214,170;

  (iii)

  in Scotland, £333,567;

• H—

  (a)

  except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 10, is the aggregate of the amounts obtained by multiplying each figure prescribed in columns (2)(a)(i) to (2)(b)(iv) of that Schedule for that authority by the figure appropriate to that figure and that authority prescribed in column (2)(a) or (b), as the case may be, of Schedule 11;

  (b)

  in the case of an authority identified in column (1) of Schedule 12, is the aggregate amount determined in accordance with paragraph (a) above multiplied by the figure specified for that authority in column (2) of that Schedule; and

• I is, in the case of an authority referred to in—

  (a)

  sub-paragraph (a) of the definition of G, 7,057,743;

  (b)

  sub-paragraph (b)(i) of the definition of G, 818,414,794;

  (c)

  sub-paragraph (b)(ii) of the definition of G, 45,650,646;

  (d)

  sub-paragraph (b)(iii) of the definition of G, 85,585,837.

Minimum amount

5.—(1) In the case of a relevant authority, if the total of supplementary amounts is less than £12,500, then the supplementary amount for that authority shall be increased to such a sum that the total of supplementary amounts equals £12,500.

(2) For the purposes of paragraphs 5 to 8 a “relevant authority” is an authority who administers both rent allowances and council tax benefit.

6.  Where the total of supplementary amounts exceeds—

(a) in the case of development corporations, the Development Board for Rural Wales or the Scottish Homes £51,075;

(b) in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

(i) in England, £10,222,778;

(ii) in Wales, £548,569;

(iii) in Scotland, £1,243,578,

the total of supplementary amounts for an authority to which paragraph 5 does not apply shall be further calculated, subject to paragraph 7, by applying the following formula—

where—

• J is the total of supplementary amounts for that authority;

• K is the amount which remains after deducting the aggregate of the total of supplementary amounts for authorities to whom paragraph 5 applies from the total of supplementary amounts specified in sub-paragraphs (a), (b)(i), (b)(ii) and (b)(iii) of this paragraph, as the case may be; and

• L is the aggregate of the total of supplementary amounts for all authorities, except those to whom paragraph 5 applies.

7.  Where the total of supplementary amounts for a relevant authority, as further calculated in accordance with paragraph 6, is less than 512,500 for that authority it shall be £12,500.

8.  Until such time as the aggregate of the authorities' total of supplementary amounts calculated under paragraphs 5, 6 and 7 equals the aggregate of the amounts specified in sub-paragraphs (a), (b)(i), (b)(ii) and (b)(iii) of paragraph 6, the calculations set out in paragraphs 6 and 7 shall, subject to the modifications set out below, continue to apply to calculate the total of supplementary amounts for those authorities to whom neither paragraph 5 nor 7 has applied, and for that purpose—

(a) J shall apply as if the total of supplementary amounts were the amount calculated under paragraph 6, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of the appropriate authority;

(b) K shall apply as if the amount to be deducted to determine the balance of the total amount available were the aggregate of the total of supplementary amounts for relevant authorities to whom, in the calculation under paragraphs 6 and 7, or, if there has been more than one such calculation under those paragraphs, the last such calculation, paragraph 7 applied; and

(c) L shall apply as if the total of supplementary amounts were the total of all supplementary amounts calculated under paragraph 6 or, if by virtue of this paragraph there has been more than one calculation, the last such calculation in respect of all authorities to whom paragraph 7 did not apply on that calculation.