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The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016

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Statutory Instruments

2016 No. 986

Social Security

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016

Made

10th October 2016

Laid before Parliament

13th October 2016

Coming into force

18th November 2016

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 140B(1), (3), (4) and (4A), 140F(2) and 189(4) to (7) of the Social Security Administration Act 1992(1).

In accordance with section 189(8) of that Act(2), the Secretary of State has obtained the consent of the Treasury.

In accordance with section 176(1) of that Act(3), the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 and comes into force on 18th November 2016.

(2) Article 2(2) and Schedule 1 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2015.

(3) Articles 2(3) and 3, and Schedules 2, 3 and 4 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2016.

(4) Article 4 has effect from 1st April 2016.

(5) In this Order—

“the 1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998(4);

“relevant year” means the period of a year beginning on 1st April in any calendar year in respect of which a claim for subsidy is made.

The amount of an authority’s subsidy

2.—(1) The 1998 Order is amended as follows.

(2) For Schedule 1 (sums to be used in the calculation of subsidy)(5) substitute the Schedule 1 set out in Schedule 1 to this Order.

(3) For Schedule 1A (additional amount of subsidy: activities to reduce fraud and error)(6) substitute the Schedule 1A set out in Schedule 2 to this Order.

Rent rebate deductions from an authority’s subsidy

3.—(1) Schedule 4A to the 1998 Order (rent rebate limitation deductions (Housing Revenue Account Dwellings))(7) is amended as follows.

(2) In Part 2 (England), in paragraph 3 (amount of deduction), for sub-paragraph (3)(8) substitute—

(3) The rebate proportion for 2016-17 is 0.752..

(3) For Part 3 (weekly rent limits for purposes of Part 2: authorities in England)(9), substitute the Part 3 set out in Schedule 3 to this Order.

(4) For Part 5 (amounts for purposes of Part 4, paragraph 4: authorities in Wales)(10), substitute the Part 5 set out in Schedule 4 to this Order.

Amendments relating to the Housing (Wales) Act 2014

4.—(1) The 1998 Order is amended as follows.

(2) In article 17(1)(c) (subsidy in respect of non self-contained licensed accommodation etc. provided by an authority as temporary or short-term accommodation)(11)—

(a)in paragraph (i), after “Housing Act 1996” insert “, Part 2 of the Housing (Wales) Act 2014”;

(b)in paragraph (ii)—

(i)for “or (in Scotland)” substitute, “, Part 2 of the Housing (Wales) Act 2014 or”;

(ii)after “1987” insert “, as the case may be”.

(3) In article 17A(1)(c) (subsidy in respect of self-contained licensed accommodation etc. provided by an authority as temporary or short-term accommodation)(12)—

(a)in paragraph (i), after “Housing Act 1996” insert “, Part 2 of the Housing (Wales) Act 2014”;

(b)in paragraph (ii)—

(i)for “or (in Scotland)” substitute, “, Part 2 of the Housing (Wales) Act 2014 or”;

(ii)after “1987” insert “, as the case may be”.

(4) In article 17B(1)(c) (subsidy in respect of non self-contained licensed accommodation etc. made available by a registered housing association as temporary or short-term accommodation)(13)—

(a)in paragraph (i), after “Housing Act 1996” insert “, Part 2 of the Housing (Wales) Act 2014”;

(b)in paragraph (ii)—

(i)for “or (in Scotland)” substitute, “, Part 2 of the Housing (Wales) Act 2014 or”;

(ii)after “1987” insert “, as the case may be”.

(5) In article 17C(1)(c) (subsidy in respect of self-contained licensed accommodation etc. made available by a registered housing association authority as temporary or short-term accommodation)(14)—

(a)in paragraph (i), after “Housing Act 1996” insert “, Part 2 of the Housing (Wales) Act 2014”;

(b)in paragraph (ii)—

(i)for “or (in Scotland)” substitute, “, Part 2 of the Housing (Wales) Act 2014 or”;

(ii)after “1987” insert “, as the case may be”.

Signed by authority of the Secretary of State for Work and Pensions

Caroline Nokes

Parliamentary Under Secretary of State,

Department for Work and Pensions

10th October 2016

We consent.

David Evennett

Guy Opperman

Two of the Lords Commissioners of Her Majesty’s Treasury

10th October 2016

Article 2(2)

SCHEDULE 1Schedule to be substituted for Schedule 1 to the 1998 Order

Article 12(1)(b)

SCHEDULE 1Sums to be used in the calculation of subsidy

RELEVANT YEAR 2015-2016

Local authorityAdministration subsidy (£)
England
Adur280,003
Allerdale440,716
Amber Valley535,340
Arun724,476
Ashfield674,613
Ashford545,396
Aylesbury Vale613,196
Babergh322,649
Barking and Dagenham1,506,125
Barnet2,418,387
Barnsley1,408,476
Barrow in Furness360,111
Basildon1,078,409
Basingstoke and Deane710,506
Bassetlaw563,576
Bath and North East Somerset769,034
Bedford838,965
Bexley1,058,826
Birmingham7,392,503
Blaby266,431
Blackburn with Darwen858,859
Blackpool1,408,191
Bolsover418,611
Bolton1,684,004
Boston385,053
Bournemouth1,256,143
Bracknell Forest453,505
Bradford3,208,653
Braintree679,728
Breckland597,097
Brent2,809,151
Brentwood256,434
Brighton and Hove1,809,919
Bristol2,878,572
Broadland359,622
Bromley1,464,979
Bromsgrove269,804
Broxbourne489,492
Broxtowe435,338
Burnley676,544
Bury909,675
Calderdale1,259,702
Cambridge555,377
Camden2,336,563
Cannock Chase513,417
Canterbury642,731
Carlisle456,409
Castle Point372,000
Central Bedfordshire935,192
Charnwood557,221
Chelmsford623,301
Cheltenham517,630
Cherwell522,368
Cheshire East1,441,218
Cheshire West and Chester1,527,298
Chesterfield660,548
Chichester491,834
Chiltern263,639
Chorley434,080
Christchurch204,184
City of London114,000
Colchester815,600
Copeland340,179
Corby437,376
Cornwall2, 672,483
Cotswold288,852
Coventry1,895,430
Craven185,225
Crawley722,672
Croydon2,647,451
Dacorum680,305
Darlington629,590
Dartford428,262
Daventry251,414
Derby1,473,576
Derbyshire Dales234,009
Doncaster1,893,838
Dover630,933
Dudley1,568,960
Durham3,462,583
Ealing2,541,077
East Cambridgeshire318,214
East Devon498,549
East Dorset275,771
East Hampshire400,965
East Hertfordshire491,657
East Lindsey727,761
East Northamptonshire297,184
East Riding of Yorkshire1,405,701
East Staffordshire493,261
Eastbourne630,990
Eastleigh405,112
Eden179,445
Elmbridge446,279
Enfield2,521,581
Epping Forest498,283
Epsom and Ewell245,972
Erewash505,296
Exeter642,917
Fareham297,894
Fenland521,718
Forest Heath279,351
Forest of Dean381,908
Fylde326,402
Gateshead1,412,026
Gedling486,176
Gloucester726,321
Gosport509,726
Gravesham540,696
Great Yarmouth744,187
Greenwich2,481,711
Guildford494,308
Hackney3,330,468
Halton933,097
Hambleton305,283
Hammersmith and Fulham1,664,377
Harborough207,174
Haringey2,762,678
Harlow679,661
Harrogate472,361
Harrow1,371,534
Hart194,884
Hartlepool846,252
Hastings714,532
Havant524,766
Havering1,134,406
Herefordshire736,435
Hertsmere531,321
High Peak420,017
Hillingdon1,604,114
Hinckley and Bosworth343,649
Horsham414,247
Hounslow1,601,337
Huntingdonshire669,981
Hyndburn553,378
Ipswich878,877
Isle of Wight844,402
Isles of Scilly2,522
Islington2,650,412
Kensington and Chelsea1,415,458
Kettering406,506
King’s Lynn and West Norfolk697,340
Kingston upon Hull2,343,946
Kingston upon Thames635,331
Kirklees2,234,054
Knowsley1,295,608
Lambeth3,302,601
Lancaster675,124
Leeds4,533,552
Leicester2,335,869
Lewes392,854
Lewisham3,421,141
Lichfield317,141
Lincoln607,502
Liverpool4,651,182
Luton1,243,161
Maidstone655,887
Maldon226,503
Malvern Hills273,449
Manchester4,862,750
Mansfield630,201
Medway1,409,696
Melton162,371
Mendip498,119
Merton1,035,397
Mid Devon312,899
Mid Suffolk281,584
Mid Sussex412,153
Middlesbrough1,248,581
Milton Keynes1,413,423
Mole Valley279,423
New Forest560,881
Newark and Sherwood475,008
Newcastle under Lyme561,630
Newcastle upon Tyne2,018,395
Newham2,865,022
North Devon512,738
North Dorset244,125
North East Derbyshire437,592
North East Lincolnshire1,124,950
North Hertfordshire604,398
North Kesteven337,794
North Lincolnshire889,000
North Norfolk464,516
North Somerset1,045,252
North Tyneside1,201,738
North Warwickshire253,951
North West Leicestershire351,936
Northampton1,188,080
Northumberland1,682,289
Norwich1,196,895
Nottingham2,593,838
Nuneaton and Bedworth660,066
Oadby and Wigston170,069
Oldham1,350,632
Oxford768,262
Pendle546,849
Peterborough1,203,533
Plymouth1,783,310
Poole649,011
Portsmouth1,552,452
Preston821,039
Purbeck181,559
Reading948,870
Redbridge1,431,254
Redcar and Cleveland930,425
Redditch447,292
Reigate and Banstead514,126
Ribble Valley157,438
Richmond upon Thames639,770
Richmondshire223,335
Rochdale1,366,578
Rochford256,823
Rossendale351,745
Rother389,431
Rotherham1,508,682
Rugby421,315
Runnymede288,425
Rushcliffe305,356
Rushmoor483,861
Rutland114,863
Ryedale208,132
Salford2,084,075
Sandwell2,347,861
Scarborough710,435
Sedgemoor619,340
Sefton1,672,193
Selby293,721
Sevenoaks424,597
Sheffield3,218,963
Shepway633,867
Shropshire1,230,362
Slough881,639
Solihull796,348
South Bucks184,945
South Cambridgeshire392,546
South Derbyshire318,878
South Gloucestershire1,015,645
South Hams342,018
South Holland342,602
South Kesteven552,878
South Lakeland348,455
South Norfolk455,935
South Northamptonshire189,541
South Oxfordshire372,689
South Ribble371,619
South Somerset750,697
South Staffordshire374,071
South Tyneside1,161,219
Southampton1,542,981
Southend-on-Sea1,160,648
Southwark3,296,845
Spelthorne371,582
St.Albans451,620
St.Edmundsbury453,730
St.Helens1,199,969
Stafford484,372
Staffordshire Moorlands328,878
Stevenage534,409
Stockport1,161,375
Stockton-on-Tees1,243,988
Stoke-on-Trent1,768,056
Stratford-on-Avon456,049
Stroud385,596
Suffolk Coastal442,535
Sunderland2,025,040
Surrey Heath254,367
Sutton982,406
Swale761,420
Swindon1,035,681
Tameside1,418,884
Tamworth373,399
Tandridge285,212
Taunton Deane528,115
Teignbridge591,868
Telford and Wrekin1,128,734
Tendring888,599
Test Valley431,641
Tewkesbury293,426
Thanet1,102,515
Three Rivers344,544
Thurrock902,300
Tonbridge and Malling470,872
Torbay1,057,573
Torridge313,005
Tower Hamlets3,539,581
Trafford1,069,876
Tunbridge Wells463,137
Uttlesford235,771
Vale of White Horse366,060
Wakefield2,004,012
Walsall1,938,992
Waltham Forest1,913,048
Wandsworth2,431,086
Warrington937,681
Warwick436,227
Watford515,708
Waveney683,706
Waverley388,439
Wealden413,771
Wellingborough387,752
Welwyn Hatfield588,086
West Berkshire534,240
West Devon236,841
West Dorset408,109
West Lancashire494,240
West Lindsey389,854
West Oxfordshire329,255
West Somerset213,311
Westminster2,147,504
Weymouth and Portland411,611
Wigan1,694,508
Wiltshire1,864,188
Winchester393,698
Windsor and Maidenhead465,938
Wirral2,153,890
Woking348,201
Wokingham299,278
Wolverhampton1,966.315
Worcester479,074
Worthing451,127
Wychavon406,888
Wycombe614,292
Wyre557,114
Wyre Forest502,170
York767,771
Wales
Blaenau Gwent531,765
Bridgend821,349
Caerphilly971,286
Cardiff1,947,796
Carmarthenshire918,363
Ceredigion344,344
Conwy581,710
Denbighshire556,308
Flintshire642,094
Gwynedd598,702
Isle of Anglesey317,411
Merthyr Tydfil478,042
Monmouthshire339,661
Neath Port Talbot873,648
Newport972,837
Pembrokeshire622,578
Powys583,518
Rhondda Cynon Taf1,479,359
Swansea1,474,168
Torfaen600,932
Vale of Glamorgan541,898
Wrexham679,300
Scotland
Aberdeen977,933
Aberdeenshire889,685
Angus582,623
Argyll and Bute509,556
Clackmannanshire351,523
Comhairle nan Eilean Siar164,140
Dumfries and Galloway903,857
Dundee1,336,398
East Ayrshire864,567
East Dunbartonshire347,389
East Lothian465,841
East Renfrewshire265,115
Edinburgh2,620,391
Falkirk855,661
Fife2,033,128
Glasgow5,722,990
Highland1,154,053
Inverclyde688,469
Midlothian508,255
Moray396,173
North Ayrshire1,047,408
North Lanarkshire2,156,586
Orkney100,577
Perth and Kinross697,353
Renfrewshire1,268,203
Scottish Borders619,928
Shetland92,569
South Ayrshire677,692
South Lanarkshire1,624,948
Stirling375,833
West Dunbartonshire871,501
West Lothian1,028,022.

Article 2(3)

SCHEDULE 2Schedule to be substituted for Schedule 1A to the 1998 Order

Article 12(1)(c)

SCHEDULE 1AAdditional amount of subsidy: Activities to reduce fraud and error

Interpretation

1.  In this Schedule—

“participating authority” means an authority which notified the Secretary of State on or before 29th February 2016 that it is participating in the Fraud and Error Reduction Incentive Scheme in the administration of housing benefit described in the Housing Benefit Circular HB A17/2014(15) and extended as described in the Housing Benefit Circular HB A2/2016(16);

“performance”, in relation to any participating authority and any period, means the amount by which payments of housing benefit by the authority are reduced in that period as a result of relevant activities;

“performance period” means the period of 3 months beginning with any of 1st April 2016, 1st July 2016, 1st October 2016 or 1st January 2017;

“relevant activities” means activities carried out by a participating authority in order to reduce fraud and error in payments of housing benefit.

Additional amount: relevant year beginning with 1st April 2016

2.(1) This paragraph and paragraphs 3 and 4 have effect for the purpose of determining the additional amount of subsidy, if any, payable to a participating authority under article 12(1)(c) for the relevant year beginning with 1st April 2016.

(2) The additional amount is determined as follows—

Step 1

Calculate the percentage (“the out-performance percentage”), if any, by which the performance of the authority exceeds its baseline performance in the performance period beginning with 1st April 2016 (see paragraph 3 for the meaning of “baseline performance”).

Step 2

Work out which band in column (1) of the following Table the authority falls into in accordance with paragraph 4.

Step 3

Look up the percentage (“the additional amount percentage”) specified in column (2) of the following Table in the row applicable to the authority’s band.

Step 4

Multiply the additional amount percentage by the administration subsidy for the authority.

Step 5

Repeat Steps 1 to 4 for each of the other three performance periods.

Step 6

Add the amounts determined for each performance period under Step 4.

Table
Band (1)Additional amount percentage (2)
Band 10 per cent.
Band 20.45 per cent.
Band 30.59 per cent.
Band 40.74 per cent.
Band 50.90 per cent.
Band 61.25 per cent.
Band 71.65 per cent.
Band 82.10 per cent.
Band 92.60 per cent.
Band 103.15 per cent.
Band 113.75 per cent.

(3) In this paragraph, “administration subsidy” in relation to an authority, means the amount specified in relation to that authority in—

(a)the Annex to HB Subsidy Circular S9/2015 for authorities in England(17)

(b)the Annex to HB Subsidy Circular S10/2015 for authorities in Scotland(18);

(c)the Annex to HB Subsidy Circular S11/2015 for authorities in Wales(19).

Baseline performance

3.(1) For the purposes of paragraph 2, a reference to the “baseline performance” of a participating authority in a performance period is to the amount determined in accordance with sub-paragraphs (2) to (5).

(2) For the performance period beginning with 1st April 2016 the baseline performance is the higher of the following amounts—

(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st April 2014 were reduced as a result of relevant activities; and

(b)the average of—

(i)the amount specified in paragraph (a); and

(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st April 2013 were reduced as a result of relevant activities.

(3) For the performance period beginning with 1st July 2016 the baseline performance is the higher of the following amounts—

(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st July 2014 were reduced as a result of relevant activities; and

(b)the average of—

(i)the amount specified in paragraph (a); and

(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st July 2013 were reduced as a result of relevant activities.

(4) For the performance period beginning with 1st October 2016 the baseline performance is the higher of the following amounts—

(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st October 2013 were reduced as a result of relevant activities; and

(b)the average of—

(i)the amount specified in paragraph (a); and

(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st October 2012 were reduced as a result of relevant activities.

(5) For the performance period beginning with 1st January 2017 the baseline performance is the higher of the following amounts—

(a)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st January 2014 were reduced as a result of relevant activities; and

(b)the average of—

(i)the amount specified in paragraph (a); and

(ii)the amount by which, in the Secretary of State’s opinion, the total payments of housing benefit made by the authority in the period of 3 months beginning with 1st January 2013 were reduced as a result of relevant activities.

Determination of out-performance percentages

4.(1) A participating authority falls into the band set out in column (2) of the relevant Table in the row applicable to the authority’s out-performance percentage.

(2) The “relevant Table” in relation to a participating authority means whichever of Tables 1 to 6 in sub-paragraphs (6) to (11) the Secretary of State determines applies to the authority in the relevant year.

(3) The determination in sub-paragraph (2) is based on the caseload management information percentage relating to the authority for the relevant year beginning with 1st April 2014 (20).

(4) For the purpose of sub-paragraph (3), “caseload management information percentage” is calculated in accordance with the following formula—

where—

  • A is the amount by which payments of housing benefit made by the authority were reduced in that relevant year;

  • B is the amount by which, in the Secretary of State’s opinion, payments of housing benefit made by the authority should have been reduced in that relevant year.

(5) The Secretary of State’s opinion in sub-paragraph (4) is based on—

(a)the size of the authority’s individual housing benefit caseload;

(b)the types of housing benefit claimants in that caseload; and

(c)the value of the housing benefit reductions that tend to occur in that caseload in the normal course of events, given the rent levels found in the authority’s area and other relevant factors.

(6) Table 1 is as follows—

Authority’s out-performance percentage (1)Band (2)
Less than 2.5 per cent.Band 1
At least 2.5 per cent. but less than 3.5 per cent.Band 2
At least 3.5 per cent. but less than 4.5 per cent.Band 3
At least 4.5 per cent. but less than 5.5 per cent.Band 4
At least 5.5 per cent. but less than 7.5 per cent.Band 5
At least 7.5 per cent. but less than 9.5 per cent.Band 6
At least 9.5 per cent. but less than 11.5 per cent.Band 7
At least 11.5 per cent. but less than 13.5 per cent.Band 8
At least 13.5 per cent. but less than 15.5 per cent.Band 9
At least 15.5 per cent. but less than 17.5 per cent.Band 10
At least 17.5 per cent.Band 11

(7) Table 2 is as follows—

Authority’s out-performance percentage (1)Band (2)
Less than 3 per cent.Band 1
At least 3 per cent. but less than 4 per cent.Band 2
At least 4 per cent. but less than 5 per cent.Band 3
At least 5 per cent. but less than 6 per cent.Band 4
At least 6 per cent. but less than 8 per cent.Band 5
At least 8 per cent. but less than 10 per cent.Band 6
At least 10 per cent. but less than 12 per cent.Band 7
At least 12 per cent. but less than 14 per cent.Band 8
At least 14 per cent. but less than 16 per cent.Band 9
At least 16 per cent. but less than 18 per cent.Band 10
At least 18 per cent.Band 11

(8) Table 3 is as follows—

Authority’s out-performance percentage (1)Band (2)
Less than 3.5 per cent.Band 1
At least 3.5 per cent. but less than 4.5 per cent.Band 2
At least 4.5 per cent. but less than 5.5 per cent.Band 3
At least 5.5 per cent. but less than 6.5 per cent.Band 4
At least 6.5 per cent. but less than 8.5 per cent.Band 5
At least 8.5 per cent. but less than 10.5 per cent.Band 6
At least 10.5 per cent. but less than 12.5 per cent.Band 7
At least 12.5 per cent. but less than 14.5 per cent.Band 8
At least 14.5 per cent. but less than 16.5 per cent.Band 9
At least 16.5 per cent. but less than 18.5 per cent.Band 10
At least 18.5 per cent.Band 11

(9) Table 4 is as follows—

Authority’s out-performance percentage (1)Band (2)
Less than 4 per cent.Band 1
At least 4 per cent. but less than 5 per cent.Band 2
At least 5 per cent. but less than 6 per cent.Band 3
At least 6 per cent. but less than 7 per cent.Band 4
At least 7 per cent. but less than 9 per cent.Band 5
At least 9 per cent. but less than 11 per cent.Band 6
At least 11 per cent. but less than 13 per cent.Band 7
At least 13 per cent. but less than 15 per cent.Band 8
At least 15 per cent. but less than 17 per cent.Band 9
At least 17 per cent. but less than 19 per cent.Band 10
At least 19 per cent.Band 11

(10) Table 5 is as follows—

Authority’s out-performance percentage (1)Band (2)
Less than 4.5 per cent.Band 1
At least 4.5 per cent. but less than 5.5 per cent.Band 2
At least 5.5 per cent. but less than 6.5 per cent.Band 3
At least 6.5 per cent. but less than 7.5 per cent.Band 4
At least 7.5 per cent. but less than 9.5 per cent.Band 5
At least 9.5 per cent. but less than 11.5 per cent.Band 6
At least 11.5 per cent. but less than 13.5 per cent.Band 7
At least 13.5 per cent. but less than 15.5 per cent.Band 8
At least 17.5 per cent. but less than 19.5 per cent.Band 9
At least 17.5 per cent. but less than 19.5 per cent.Band 10
At least 19.5 per cent.Band 11

(11) Table 6 is as follows—

Authority’s out-performance percentage (1)Band (2)
Less than 5 per cent.Band 1
At least 5 per cent. but less than 6 per cent.Band 2
At least 6 per cent. but less than 7 per cent.Band 3
At least 7 per cent. but less than 8 per cent.Band 4
At least 8 per cent. but less than 10 per cent.Band 5
At least 10 per cent. but less than 12 per cent.Band 6
At least 12 per cent. but less than 14 per cent.Band 7
At least 14 per cent. but less than 16 per cent.Band 8
At least 16 per cent. but less than 18 per cent.Band 9
At least 18 per cent. but less than 20 per cent.Band 10
At least 20 per cent.Band 11.

Article 3(3)

SCHEDULE 3Part to be substituted for Part 2 of Schedule 4A to the 1998 Order

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

RELEVANT YEAR 2016-2017

Authority (1)Weekly rent limit (£)
Adur95.05
Arun92.39
Ashfield69.55
Ashford90.66
Babergh90.78
Barking and Dagenham99.58
Barnet109.13
Barnsley76.19
Barrow in Furness76.39
Basildon88.60
Bassetlaw73.68
Birmingham84.26
Blackpool72.86
Bolsover83.34
Bournemouth83.85
Brent118.16
Brentwood95.78
Brighton and Hove85.89
Bristol82.60
Broxtowe75.86
Bury78.07
Cambridge104.82
Camden123.43
Cannock Chase76.79
Canterbury89.85
Castle Point90.04
Central Bedfordshire103.86
Charnwood75.75
Cheltenham81.83
Cheshire West and Chester83.96
Chesterfield81.14
City of London110.18
City of York80.77
Colchester89.06
Corby80.28
Cornwall72.19
Crawley104.81
Croydon108.02
Dacorum110.54
Darlington72.38
Dartford91.40
Derby80.21
Doncaster74.53
Dover85.81
Dudley84.30
Ealing103.37
East Devon82.96
East Riding of Yorkshire80.78
Eastbourne81.00
Enfield103.32
Epping Forest101.12
Exeter76.67
Fareham92.75
Gateshead77.99
Gosport85.62
Gravesham91.29
Great Yarmouth76.33
Greenwich105.03
Guildford112.82
Hackney102.47
Hammersmith and Fulham118.12
Haringey108.28
Harlow94.17
Harrogate82.14
Harrow115.97
Havering98.34
High Peak74.50
Hillingdon110.60
Hinckley and Bosworth79.89
Hounslow104.74
Ipswich83.71
Islington122.15
Kensington and Chelsea130.53
Kettering82.99
Kingston upon Hull76.54
Kingston upon Thames114.74
Kirklees71.18
Lambeth110.21
Lancaster78.69
Leeds75.29
Leicester City73.33
Lewes91.07
Lewisham98.19
Lincoln70.07
Luton88.37
Manchester74.57
Mansfield74.45
Medway Towns83.38
Melton78.68
Mid Devon80.00
Mid Suffolk83.78
Milton Keynes87.41
New Forest101.17
Newark and Sherwood79.75
Newcastle upon Tyne76.70
Newham98.69
North East Derbyshire82.85
North Kesteven77.98
North Tyneside77.97
North Warwickshire89.24
North West Leicestershire80.28
Northampton84.86
Northumberland69.69
Norwich80.87
Nottingham76.49
Nuneaton and Bedworth79.70
Oadby and Wigston80.80
Oldham74.74
Oxford City111.21
Poole86.87
Portsmouth86.51
Reading106.85
Redbridge104.99
Redditch80.03
Richmondshire79.03
Rotherham77.24
Rugby88.45
Runnymede111.95
Salford76.32
Sandwell83.01
Sedgemoor79.01
Selby79.70
Sheffield73.30
Shepway83.13
Shropshire82.94
Slough107.89
Solihull83.70
South Cambridgeshire109.20
South Derbyshire81.19
South Holland77.26
South Kesteven80.30
South Tyneside76.50
Southampton86.69
Southend-on-Sea87.66
Southwark110.06
St.Albans115.38
Stevenage99.81
Stockport76.17
Stoke-on-Trent71.79
Stroud83.93
Sutton109.18
Swindon84.53
Tamworth81.85
Tandridge100.09
Taunton Deane83.97
Tendring84.96
Thanet82.46
Thurrock87.48
Tower Hamlets112.90
Utttlesford101.05
Waltham Forest104.13
Wandsworth127.45
Warwick95.80
Waveney79.52
Waverley115.80
Wealden85.62
Welwyn Hatfield108.07
West Lancashire77.91
Westminster126.30
Wigan78.52
Wiltshire89.50
Winchester103.21
Woking105.98
Wokingham117.89
Wolverhampton81.37.

Article 3(4)

SCHEDULE 4Part to be substituted for Part 5 of Schedule 4A to the 1998 Order

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

RELEVANT YEAR 2016-2017

Local authority(1) Specified amount “O” (£)(2) Guideline rent increase “P” (£)
Caerphilly78.913.08
Cardiff89.183.22
Carmarthenshire78.523.07
Denbighshire76.293.05
Flintshire79.353.10
Isle of Anglesey75.153.03
Pembrokeshire80.092.97
Powys80.353.09
Swansea77.243.08
Vale of Glamorgan86.213.19
Wrexham78.533.08.

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (S.I. 1998/562) (“the 1998 Order”) which provides for the calculation and payment of housing benefit subsidy to local authorities in England, Wales and Scotland which administer housing benefit. Section 140F(2) of the Social Security Administration Act 1992 (c.5) authorises the making, revocation or varying of an Order before, during or after the year to which it relates.

Article 2(2) substitutes Schedule 1 to the 1998 Order with a new Schedule 1 prescribing the sums to be used in the calculation of subsidy for the year beginning 1st April 2015.

Article 2(3) and Schedule 2 have effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2016. In particular, it prescribes a system for the making of additional payments of subsidy to be made in certain circumstances to local authorities who participate in the Fraud and Error Reduction Incentive Scheme (“the FERIS Scheme”), as notified by the Secretary of State to local authorities originally in November 2014 and again in February 2016.

In that scheme, participating authorities are given funding to carry out activities with a view to reducing fraud and error in relation to the payment of housing benefit. The Secretary of State then sets a threshold for expected performance in reducing fraud and error in a specified period for each such authority based on the authority’s performance in making such reductions in a previous equivalent period. Additional payments are then made to the authority, the amounts depending on the extent to which the authority exceeds the threshold for reducing housing benefit payments in each such period by virtue of those activities. The substituted Schedule 1A to the 1998 Order, which is inserted by article 2(3), sets out how the additional payments of subsidy in respect of the FERIS Scheme are to be calculated for that year. Authorities are placed in groups based on their caseload management information percentage for the relevant year beginning with 1st April 2014 and different amounts of the additional subsidy payments relate to each of those groups.

Hard copies of the circulars setting out the scheme and the amounts of the administration subsidy on which payments are based are available from the Department for Work and Pensions, Caxton House, Tothill Street, London SW1H 9NA.

Article 3 has effect for the purposes of determining subsidy payable for the year beginning with 1st April 2016. Article 3(2) amends paragraph 3 of Schedule 4A to provide that the rebate proportion figure for 2016/2017 is 0.752. Article 3(3) substitutes Part 3 of Schedule 4A to the 1998 Order in respect of weekly rent limits for authorities in England. With respect to authorities in Wales, article 3(4) substitutes Part 5 of Schedule 4A to the 1998 Order which sets out the specified amount “O” and the guideline rent increase “P” used when calculating deductions from subsidy under paragraph 4 in Part 4 of that Schedule.

Article 4 amends the provisions in the 1998 Order relating to subsidy in respect of certain temporary accommodation so as to deal with the fact that Part 2 of the Housing (Wales) Act 2014 (anaw 7) now covers homelessness responsibilities in Wales.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.

(1)

1992 c.5. Sections 140B and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52). Section 140B was amended by section 10 of, and paragraph 7 of Schedule 1 to, the Social Security Administration (Fraud) Act 1997 (c.47) (“the Fraud Act”). Sections 140B and 140F were repealed, to the extent they related to council tax benefit, by section 147 of, and paragraph 1 of Schedule 14 to, the Welfare Reform Act 2012 (c.5) with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358. Section 189(1) and (4) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14). Section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) (“the Transfer of Functions Act”) and paragraph 1 of Schedule 6 to the Tax Credits Act 2002 (c.21). Section 189(4) was amended by S.I. 2013/252. Section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c.14) and paragraph 10 of Schedule 1 to the Fraud Act. Section 189 was repealed, to the extent it related to council tax benefit, by section 147 of, and paragraph 1 of Schedule 14 to, the Welfare Reform Act 2012 with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358.

(2)

Section 189(8) was amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996, paragraph 10 of Schedule 4 to the Social Security (Recovery of Benefits Act 1997 (c.27), paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c.21), paragraph 29 of Schedule 1 to the Pensions Act 2007 (c.22) and paragraph 57(3) of Schedule 3 to the Transfer of Functions Act.

(3)

Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996 and was repealed, to the extent it related to council tax benefit, by section 147 of, and paragraph 1 of Schedule 14 to, the Welfare Reform Act 2012 with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358.

(5)

Schedule 1 was substituted by S.I. 2015/1784.

(6)

Schedule 1A was inserted by S.I. 2015/1784.

(7)

Schedule 4A was inserted by S.I. 2004/646.

(8)

In Part 2 of Schedule 4A, paragraph 3(3) was substituted by S.I. 2015/1784.

(9)

Part 3 of Schedule 4A was substituted by S.I. 2015/1784.

(10)

Part 5 of Schedule 4A was substituted by S.I. 2015/1784.

(11)

Article 17 is substituted by S.I. 2009/2580 and amended by S.I. 2010/2509.

(12)

Article 17A is inserted by S.I. 2009/2580 and amended by S.I. 2010/2509.

(13)

Article 17B is inserted by S.I. 2010/2509.

(14)

Article 17C is inserted by S.I. 2010/2509.

(20)

Authorities to which Table 1 applies had the greatest caseload management information percentage and authorities to which Table 6 applies, conversely, had the least. See https://www.gov.uk/government/statistics/housing-benefit-entitlement-reductions-2015-to-2016-experimental. Hard copies are available from the Department for Work and Pensions, Caxton House, Tothill Street, London SW1H 9NA.

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