The Discretionary Housing Payments (Grants) Amendment Order 2004

Amendment of the Discretionary Housing Payments (Grants) Amendment Order 2001

2.—(1) The Discretionary Housing Payments (Grants) Order 2001(1) shall be amended in accordance with the following provisions of this article.

(2) In article 1(2) (interpretation), at the appropriate places in the alphabetical order, insert—

““final claim” means any claim which falls to be made in accordance with article 3(2)(g);”

““non-audit claim” means any claim made by a relevant authority in England and Wales under article 3(2)(f) where the total amount of the claim in respect of the relevant year is less than £50,000;”.

(3) In article 3(2) (claims), at the beginning of sub-paragraph (g), insert the words “except where the claim is a non-audit claim,”.

(4) For article 4 (records and information provisions), substitute—

“Record and information provisions

4.— (1) A relevant authority shall, in relation to any relevant year—

(a) keep such records as are likely to be required for the purpose described in paragraph (2), should there be a final claim by that authority in respect of that year; and

(b) where there is such a claim, on request—

(i) produce such of those records, and

(ii) provide such other information,

as the auditor may require for the purpose described in paragraph (2).

(2) The purpose referred to in paragraph (1) is the purpose of satisfying the auditor that—

(a) the entries on the claim form are correctly stated; and

(b) expenditure on which the claim is based has been properly incurred,

so that a final claim may be made by the date specified in article 3(2)(g).

(3) The relevant authority shall, in relation to any relevant year—

(a) keep such records as are likely, in connection with any claim the authority may make in respect of that year, to be required for the purpose described in sub-paragraph (b); and

(b) on request—

(i) produce in time such of those records, and

(ii) provide in time such other information,

as the Secretary of State may require for the purpose of satisfying himself that the claim is accurate and properly calculated.

(4) In paragraph (3), “in time” means no later than the end of the period of six weeks beginning with the day on which the request referred to in that paragraph is sent to the relevant authority.”.

(5) For article 6 (payment), substitute—

“Payment

6.   Subject to article 6A, the Secretary of State may make payments by way of instalments by reference to claims submitted in accordance with article 3 but no final payment shall be made until –

(a) in the case of a non-audit claim, the Secretary of State is satisfied that no request for relevant information made in accordance with article 4(3) is outstanding; or

(b) in the case of a final claim—

(i) the relevant authority’s auditor has certified on the claim form that the entries on the claim referred to in article 3(2)(c) and (g) are fairly stated;

(ii) the final claim is audited; and

(iii) the Secretary of State is satisfied that no request for relevant information made in accordance with article 4 is outstanding.”.

(6) After that article, insert—

“Estimating amounts

6A.— (1) Where, in relation to any relevant year, a relevant authority has not, before the time specified in article 3, 4 or 5, as the case may be, complied with any condition with which it is required under that article to comply, the Secretary of State may estimate the amount of any payment, including any payment by instalments, payable to that authority in accordance with section 70 of the Act in respect of that year, and may employ for that purpose such criteria as he considers relevant.”.

(1)

S.I. 2001/ 2340.