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The Income-related Benefits (Subsidy to Authorities) Order 1998

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The Income-related Benefits (Subsidy to Authorities) Order 1998 is up to date with all changes known to be in force on or before 18 July 2019. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART I GENERAL

    1. 1. Citation, commencement and interpretation

  3. PART II CLAIMS FOR AND PAYMENT OF SUBSIDY

    1. 2. Interpretation of Parts II and IV

    2. 3. Conditions for payment of subsidy

    3. 3A.Electronic communications

    4. 4. Requirement of claim

    5. 5. Requirement to keep records and provide information

    6. 5A.Test and reporting requirement: authorities in England

    7. 6. Requirement of audit: authorities in Wales and Scotland

    8. 7. Final condition for the payment of subsidy

    9. 8. In year instalments of subsidy

    10. 8A.Payment of subsidy before test or audit complete

    11. 9. Payment of subsidy for the relevant year

    12. 9A.Transitional Protection Adjustments

    13. 10. Estimating subsidy

  4. PART III CALCULATION OF SUBSIDY

    1. 11. Interpretation of Part III

    2. 12. Amount of subsidy

    3. 13. Relevant benefit

    4. 14. Backdated benefit

    5. 15. Disproportionate rent increase

    6. 15A.Disproportionate rent increase – Wales

    7. 16. Treatment of high rents in rent allowance cases

    8. 17.Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation

    9. 17A.Subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation

    10. 17B.Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodation

    11. 17C.Subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation

    12. 18. Additions to subsidy

    13. 19. Deductions to be made in calculating subsidy

    14. 20. Deduction from subsidy

    15. 20A.Deductions from subsidy for rebate for dwellings within the Housing Revenue Account

    16. 21. Additions to and deductions from subsidy in respect of benefit savings

  5. PART IV TRANSITIONAL AND SAVINGS

    1. 22. Provisions for claims for 1997/98

    2. 23. Transitional provisions in relation to rent officer determinations

    3. 24. Modifications of exemption from improvements rule

  6. Signature

    1. SCHEDULE 1

      Sums to be used in the calculation of subsidy

    2. SCHEDULE 1A

      Additional amount of subsidy: Activities to reduce fraud and error

      1. 1.Interpretation

      2. 2.Additional amount: relevant year beginning with 1st April 2014

      3. 3.Baseline performance

      4. 4.Determination of out-performance percentages

    3. SCHEDULE 1ZA

      Additional amount of subsidy: Right Benefit Initiative

    4. SCHEDULE1ZB

      Additional amount of subsidy: Verify Earnings and Pension Alerts Service

      1. 1.Interpretation

      2. 2.Additional amount: relevant year beginning with 1st April 2018

      3. 3.Use of amount paid under paragraph 2

    5. SCHEDULE 2

      ADJUSTMENT FOR PRIORITISATION OF CLAIMS

      1. 1. General and interpretation

      2. 2. Housing benefit claims

      3. 3. ADJUSTMENT FOR PRIORITISATION OF CLAIMS

      4. 4. ADJUSTMENT FOR PRIORITISATION OF CLAIMS

      5. 5. Council tax benefit claims

      6. 6. ADJUSTMENT FOR PRIORITISATION OF CLAIMS

      7. 7. ADJUSTMENT FOR PRIORITISATION OF CLAIMS

    6. SCHEDULE 3

      CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

      1. PART I GENERAL INTERPRETATION

        1. 1. CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

      2. PART II DEDUCTIONS

        1. 2. CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

        2. 3. CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

        3. 4. CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

      3. PART III CALCULATIONS AND TABLE

        1. 5. CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

    7. SCHEDULE 4

      HIGH RENTS AND RENT ALLOWANCES

      1. PART I REGULATED TENANCIES

        1. 1. HIGH RENTS AND RENT ALLOWANCES

      2. PART II RENT OFFICERS’ DETERMINATIONS

        1. 2. Calculation of the appropriate amount

        2. 3. Rent officers’ determinations

        3. 4.This Part also applies in a case where the dwelling...

        4. 5.This Part also applies in a case where a rent...

        5. 6.Except where paragraph 5 applies, this Part also applies in...

        6. 7. Rent officers' property-specific rent and claim-related rent

        7. 8.(1) Where the rent officer either— (a) determines a property-specific...

        8. 9. Rent officers’ property-specific and size-related rents

        9. 10. Restriction on unreasonable rents or on rent increases

        10. 11. Payments on account of rent allowance

        11. 12. Relevant date

        12. 13. Termination date

      3. PART III RECKONABLE RENT CASES

        1. 14. HIGH RENTS AND RENT ALLOWANCES

        2. 15.In a case where article 16(4)(c) applies, the appropriate amount...

      4. PART IV GENERAL AND INTERPRETATION

        1. 16. Apportionment

        2. 17. Interpretation

      5. PART V THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

        1. 18.The Table referred to in paragraph 1 is— (1) (2)...

    8. SCHEDULE 4A

      RENT REBATE LIMITATION DEDUCTIONS (HOUSING REVENUE ACCOUNT DWELLINGS)

      1. PART 1 INTERPRETATION

        1. 1.In this Schedule— “Affordable Rent” means the rent payable to...

      2. PART 2 ENGLAND

        1. Liability to deduction

          1. 2.(1) This paragraph applies in the case of an authority...

        2. Amount of deduction

          1. 3.(1) The amount of the deduction from subsidy referred to...

      3. PART 3 WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

      4. PART 4 WALES

        1. Liability to deduction

          1. 4.This paragraph applies in the case of an authority in...

        2. Amount of deduction

          1. 5.(1) The amount of the deduction from subsidy referred to...

      5. PART 5 AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

    9. SCHEDULE 5

      BENEFIT SAVINGS

    10. SCHEDULE 6

      ELECTRONIC COMMUNICATIONS

      1. PART 1 INTERPRETATION

        1. 1.Interpretation

      2. PART 2 ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

        1. 2.Conditions for the use of electronic communications

        2. 3.Use of intermediaries

      3. PART 3 ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

        1. 4.Effect of delivering information by means of electronic communication

        2. 5.Proof of identify of sender or recipient of information

        3. 6.Proof of delivery of information

        4. 7.Proof of content of information

    11. SCHEDULE 7

      Authorities in London

    12. SCHEDULE 8

      Broad rental market areas in London

  7. Explanatory Note

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