The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997

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 housing benefit amount calculated in accordance with Part II with the adjustment, if any, calculated in accordance with Part III, plus, in the case of an acquiring authority, the addition calculated in accordance with Part IV.

(2) In this Schedule, unless the context otherwise requires,

“housing benefit amount” means the housing benefit amount calculated in accordance with Part II, and

“acquiring authority” means a new authority in Wales, which on 1st April 1996 became the authority required to fund and administer housing benefit pursuant to section 134 of the Act in respect of properties, where, before that date, the authority so required was the Development Board for Rural Wales.

PART II APPLICABLE AMOUNT

Housing benefit amount

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

where—

• A is—

  (a)

  in the case of Scottish corporations, £1,130,105;

  (b)

  in the case of authorities other than Scottish corporations—

  (i)

  in England, £78,609,167;

  (ii)

  in Wales, £3,271,747;

  (iii)

  in Scotland, £10,259,051;

• 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)

  sub-paragraph (a) of the definition of A, 5,234,697.80;

  (b)

  sub-paragraph (b)(i) of the definition of A, 835,889,667.52;

  (c)

  sub-paragraph (b)(ii) of the definition of A, 47,428,389.81;

  (d)

  sub-paragraph (b)(iii) of the definition of A, 88,284,678.16.

PART III ADJUSTMENT AMOUNT

3.  The adjustment referred to in paragraph 1 shall be calculated in accordance with the following provisions of this Part and in this Part “last day” has the meaning ascribed to that term in paragraph 12 of Schedule 5A to the Housing Benefit Regulations(1).

4.  In each case where a claim for housing benefit, to which regulation 76(4) of the Housing Benefit Regulations(2) applies, is made and

(a) paragraph 7 applies to that claim, that authority shall be credited with £10;

(b) paragraph 8 applies to that claim, that authority shall be debited by £10.

5.  Where an authority’s total credits in accordance with paragraph 4(a) exceed that authority’s total debits in accordance with paragraph 4(b), the adjustment to the additional sum in paragraph 1 shall be to increase the amount otherwise payable to that authority by the sum by which those credits exceed those debits.

6.  Where an authority’s total debits in accordance with paragraph 4(b) exceed that authority’s total credits in accordance with paragraph 4(a), the adjustment to the additional sum in paragraph 1 shall be to reduce the amount otherwise payable to that authority by the sum by which those debits exceed those credits.

7.  This paragraph applies where a claim to which paragraph 4 applies has been made to an authority and that authority has within

(a) 14 days of the receipt of that claim by that authority, or

(b) 7 days of the receipt by that authority of all the information necessary to determine that claim,

determined that claim, provided that claim is determined by that authority within the 4 weeks following the last day.

8.  This paragraph applies where a claim to which paragraph 4 applies has been made to an authority and that authority has not within

(a) 14 days of the receipt of that claim by that authority;

(b) 7 days of the receipt by that authority of all the information necessary to determine that claim, or

(c) the 4 weeks following the last day,

whichever is the later, determined that claim.

PART IV ADDITION FOR ACQUIRING AUTHORITIES

9.  The addition that, pursuant to Part I, is to be paid to an acquiring authority is to be calculated by reference to the formula—

where—

• D is the total number of properties transferred by the Development Board for Rural Wales on 1st April 1996;

• E is the total number of those properties in relation to which, on 1st April 1996, that acquiring authority was required to administer and fund any housing benefit; and

• F is £13,343,

and the sum to be paid to each acquiring authority shall be calculated in accordance with that formula to the nearest pound, by disregarding an odd amount of 50 pence or less and by treating an odd amount exceeding 50 pence as a whole pound.

(1)

Schedule 5A was added by S.I. 1996/194.

(2)

Paragraph (4) of regulation 76 was added by S.I. 1996/194.