Statutory Instruments

2022 No. 983

Social Security

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2022

Made

at 12.00 p.m. on 23rd September 2022

Laid before Parliament

at 2.00 p.m. on 23rd September 2022

Coming into force

31st October 2022

In accordance with section 176(1)(b) 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, extent and interpretation

1.—(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2022 and comes into force on 31st October 2022.

(2) Any amendment made by this Order has the same extent as the provision amended.

Amendment of the 1998 Order and effect of amendments

2.—(1) The Income-related Benefits (Subsidy to Authorities) Order 1998(4) is amended in accordance with articles 3 to 7.

(2) Articles 3, 4 and 6 and Schedules 1 and 3 have effect for the purpose of determining subsidy payable for the relevant year(5) beginning with 1st April 2021.

(3) Articles 5 and 7 and Schedules 2 and 4 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2022.

(4) In paragraphs (2) and (3), “relevant year” means the year in respect of which a claim for subsidy is made.

Housing Benefit Assurance Process

3.  In article 2 (interpretation of Parts 2 and 4), in the definition of “HBAP”, for “30th March 2020”, substitute “31st March 2022”.

The amount of an authority’s subsidy

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

Additional amount of subsidy: Verify Earnings and Pension Alerts Service

5.  For Schedule 1ZB (additional amount of subsidy: Verify Earnings and Pension Alerts Service), substitute the Schedule 1ZB set out in Schedule 2 to this Order.

Housing Benefit Award Accuracy Initiative

6.  For Schedule 1ZC (additional amount of subsidy: housing benefit award accuracy initiative), substitute the Schedule 1ZC set out in Schedule 3 to this Order.

Rent rebate deductions from the subsidy of an authority in Wales

7.  For Schedule 4A (rent rebate limitation deductions (housing revenue account dwellings): authorities in Wales), substitute the Schedule 4A set out in Schedule 4 to this Order.

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

Victoria Prentis

Minister of State

Department for Work and Pensions

At 12.00 p.m. on 23rd September 2022

We consent.

Craig Whittaker

Gareth Johnson

Two of the Lords Commissioners of His Majesty’s Treasury

22nd September 2022

Article 4

SCHEDULE 1Substitution of Schedule 1 to the 1998 Order

Article 12(1)(b)

SCHEDULE 1Sums to be used in the calculation of subsidy

Relevant Year 2021-2022

Local authorityAdministration subsidy (£)
England
Adur District Council166,774
Allerdale Borough Council285,828
Amber Valley Borough Council338,744
Arun District Council459,401
Ashfield District Council381,388
Ashford Borough Council360,980
Babergh District Council201,763
London Borough of Barking and Dagenham1,140,118
London Borough of Barnet1,616,245
Barnsley Borough Council872,272
Barrow Borough Council216,323
Basildon District Council624,987
Basingstoke and Deane District Council433,632
Bassetlaw District Council317,494
Bath and North East Somerset Council432,954
Bedford Borough Council533,537
London Borough of Bexley722,001
Birmingham City Council5,779,690
Blaby District Council169,742
Blackburn with Darwen Borough Council530,227
Blackpool Borough Council836,872
Bolsover District Council246,048
Bolton Metropolitan Borough Council1,094,027
Boston Borough Council214,041
Bournemouth, Christchurch and Poole Council1,240,204
Bracknell Forest Borough Council286,440
Bradford Metropolitan Borough Council1,744,903
Braintree District Council372,561
Breckland District Council349,145
London Borough of Brent2,031,962
Brentwood District Council139,102
Brighton and Hove Council1,096,240
Bristol City Council1,637,702
Broadland District Council218,646
London Borough of Bromley870,560
Bromsgrove District Council171,522
Broxbourne Borough Council301,767
Broxtowe Council255,670
Buckinghamshire Council1,184,153
Burnley Borough Council384,919
Bury Metropolitan Borough Council581,719
Calderdale Borough Council720,662
Cambridge City Council357,031
London Borough of Camden1,448,119
Cannock Chase District Council281,991
Canterbury City Council434,026
City of Carlisle District Council303,502
Castle Point District Council196,629
Central Bedfordshire564,010
Charnwood Borough Council355,376
Chelmsford Borough Council377,519
Cheltenham Borough Council300,276
Cherwell District Council337,046
Cheshire East Council831,421
Cheshire West and Chester Council905,106
Chesterfield Borough Council401,416
Chichester District Council299,958
Chorley Borough Council277,031
City of London57,567
Colchester Borough Council527,384
Copeland Borough Council221,215
Cornwall Council1,727,900
Cotswold District Council174,557
Coventry City Council1,238,838
Craven District Council109,509
Crawley Borough Council449,400
London Borough of Croydon1,814,031
Dacorum Borough Council442,434
Darlington Borough Council410,686
Dartford Borough Council286,585
Derby City Council880,817
Derbyshire Dales District Council145,407
Doncaster Metropolitan Borough Council1,091,147
Dorset Council912,709
Dover District Council388,841
Dudley Metropolitan Borough Council964,225
Durham County Council2,102,314
London Borough of Ealing1,851,001
East Cambridgeshire District Council189,300
East Devon District Council335,752
East Hampshire District Council210,144
East Hertfordshire District Council318,481
East Lindsey District Council471,405
East Riding of Yorkshire Council745,130
East Staffordshire Borough Council290,395
East Suffolk Council694,438
Eastbourne Borough Council434,434
Eastleigh Borough Council276,450
Eden District Council99,800
Elmbridge Borough Council311,766
London Borough of Enfield2,157,709
Epping Forest District Council320,617
Epsom and Ewell Borough Council159,578
Erewash Borough Council324,630
Exeter City Council381,586
Fareham Borough Council183,161
Fenland District Council303,245
Folkestone and Hythe District Council386,896
Forest of Dean District Council206,464
Fylde Borough Council208,970
Gateshead Borough Council858,107
Gedling Borough Council280,065
Gloucester City Council432,448
Gosport Borough Council271,462
Gravesham Borough Council319,738
Great Yarmouth Council410,526
Royal Borough of Greenwich1,620,429
Guildford Borough Council274,252
London Borough of Hackney2,064,473
Halton Borough Council542,170
Hambleton District Council190,671
London Borough of Hammersmith and Fulham1,122,888
Harborough District Council128,688
London Borough of Haringey1,703,666
Harlow District Council357,830
Harrogate Borough Council308,410
Harrow Council882,712
Hart District Council137,774
Hartlepool Borough Council485,951
Hastings Borough Council433,056
Havant Borough Council300,980
London Borough of Havering764,108
Herefordshire Council478,350
Hertsmere Borough Council333,839
High Peak Borough Council225,944
London Borough of Hillingdon1,098,919
Hinckley and Bosworth Borough Council200,910
Horsham District Council260,149
London Borough of Hounslow1,125,008
Hull City Council1,398,549
Huntingdonshire District Council358,428
Hyndburn Borough Council309,082
Ipswich Borough Council541,358
Isle of Wight County Council502,699
Isles of Scilly Council1,706
London Borough of Islington1,662,957
Royal Borough of Kensington and Chelsea1,036,886
Kings Lynn and West Norfolk Borough Council401,919
Royal Borough of Kingston upon Thames520,578
Kirklees Metropolitan Borough Council1,289,211
Knowsley Borough Council776,361
London Borough of Lambeth2,120,740
Lancaster City Council405,040
Leeds City Council2,691,201
Leicester City Council1,382,707
Lewes District Council301,636
London Borough of Lewisham2,038,224
Lichfield District Council204,322
City of Lincoln Council390,562
Liverpool City Council2,660,206
Luton Borough Council862,381
Maidstone Borough Council440,637
Maldon District Council132,278
Malvern Hills District Council181,862
Manchester City Council2,767,129
Mansfield District Council373,952
Medway Council882,870
Melton Borough Council108,827
Mendip District Council289,418
London Borough of Merton629,959
Mid Devon District Council196,894
Mid Suffolk District Council184,569
Mid Sussex District Council273,011
Middlesbrough Council766,190
Milton Keynes Borough Council903,414
Mole Valley District Council182,720
New Forest District Council397,867
Newark and Sherwood District Council288,175
Newcastle-Under-Lyme Borough Council336,841
Newcastle City Council1,343,574
London Borough of Newham1,946,373
North Devon District Council280,537
North East Derbyshire District Council271,623
North East Lincolnshire Council607,458
North Hertfordshire District Council330,006
North Kesteven District Council223,240
North Lincolnshire Council488,781
North Norfolk District Council281,476
North Northamptonshire Council887,308
North Somerset Council592,797
North Tyneside Borough Council764,581
North Warwickshire District Council155,839
North West Leicestershire District Council202,574
Northumberland County Council990,611
Norwich City Council658,264
Nottingham City Council1,456,450
Nuneaton and Bedworth Borough Council405,863
Oadby and Wigston Borough Council100,313
Oldham Borough Council910,869
Oxford City Council459,987
Pendle Borough Council286,652
Peterborough City Council745,199
Plymouth City Council1,024,060
Portsmouth City Council924,688
Preston Borough Council487,938
Reading Borough Council621,703
London Borough of Redbridge1,004,702
Redcar and Cleveland Borough Council599,349
Borough of Redditch255,888
Reigate and Banstead Borough Council347,377
Ribble Valley Borough Council92,282
Richmondshire District Council101,777
London Borough of Richmond upon Thames473,695
Rochdale Borough Council919,750
Rochford District Council151,095
Rossendale Borough Council212,984
Rother District Council240,050
Rotherham Borough Council957,402
Rugby Borough Council236,557
Runnymede Borough Council211,335
Rushcliffe Borough Council185,607
Rushmoor Borough Council307,919
Rutland County Council65,457
Ryedale District Council132,025
Salford City Council1,235,628
Sandwell Metropolitan Borough Council1,344,659
Scarborough Borough Council406,761
Sedgemoor District Council379,041
Sefton Metropolitan Borough Council1,027,040
Selby District Council172,133
Sevenoaks District Council271,005
Sheffield City Council2,016,189
Shropshire Council719,739
Slough Borough Council619,024
Solihull Metropolitan Borough Council540,946
Somerset West and Taunton Council455,030
South Cambridgeshire District Council269,903
South Derbyshire District Council193,256
South Gloucestershire Council571,935
South Hams District Council218,552
South Holland District Council200,393
South Kesteven District Council331,673
South Lakeland District Council185,768
South Norfolk District Council267,270
South Oxfordshire District Council264,327
South Ribble Borough Council225,429
South Somerset District Council421,505
South Staffordshire District Council228,688
South Tyneside Council795,270
Southampton City Council977,914
Southend on Sea Borough Council709,020
London Borough of Southwark1,799,299
Spelthorne Borough Council247,609
St Albans District Council288,429
St Helens Borough Council663,879
Stafford Borough Council276,134
Staffordshire Moorlands District Council159,334
Stevenage Borough Council320,958
Stockport Borough Council794,190
Stockton on Tees Borough Council725,054
Stoke on Trent City Council978,780
Stratford on Avon District Council273,014
Stroud District Council243,032
Sunderland City Council1,292,998
Surrey Heath Borough Council160,500
London Borough of Sutton658,508
Swale Borough Council478,180
Swindon Borough Council606,821
Tameside Metropolitan Borough Council914,735
Tamworth Borough Council221,049
Tandridge District Council187,844
Teignbridge District Council333,532
Telford and Wrekin Council706,784
Tendring District Council552,866
Test Valley Borough Council277,620
Tewkesbury Borough Council200,446
Thanet District Council611,231
Three Rivers Council217,568
Thurrock Borough Council543,553
Tonbridge and Malling District Council320,135
Torbay Council524,699
Torridge District Council177,864
London Borough of Tower Hamlets2,245,608
Trafford Metropolitan Borough Council618,673
Tunbridge Wells Borough Council291,406
Uttlesford District Council148,847
Vale of White Horse District Council270,855
Wakefield Council1,212,019
Walsall Borough Council1,146,672
London Borough of Waltham Forest1,295,219
London Borough of Wandsworth1,433,604
Warrington Borough Council555,749
Warwick District Council305,891
Watford Borough Council350,311
Waverley Borough Council254,292
Wealden District Council289,049
Welwyn Hatfield District Council362,872
West Berkshire Council359,167
West Devon Borough Council138,512
West Lancashire District Council297,365
West Lindsey District Council259,045
West Northamptonshire952,267
West Oxfordshire District Council205,424
West Suffolk Council442,056
City of Westminster1,419,218
Wigan Council1,018,118
Wiltshire Council1,113,824
Winchester City Council263,221
Royal Borough of Windsor and Maidenhead295,325
Wirral Borough Council1,309,372
Woking Borough Council240,801
Wokingham District Council214,714
Wolverhampton City Council1,100,571
Worcester City Council304,955
Worthing Borough Council315,502
Wychavon District Council291,660
Wyre Borough Council325,381
Wyre Forest District Council322,340
City of York Council406,049
Wales
Blaenau Gwent County Borough Council325,787
Bridgend County Borough Council496,753
Caerphilly County Borough Council676,895
Cardiff City Council1,443,993
Carmarthenshire County Council593,035
Ceredigion Council208,289
Conwy County Borough Council408,650
Denbighshire County Council376,552
Flintshire County Council431,124
Gwynedd Council362,202
Isle of Anglesey County Council220,019
Merthyr Tydfil Borough Council242,683
Monmouthshire County Council230,483
Neath Port Talbot County Borough Council600,412
Newport City Council598,735
Pembrokeshire County Council410,567
Powys County Council342,311
Rhondda Cynon Taff County Borough Council870,755
Swansea City Council951,800
Torfaen Borough Council398,364
Vale of Glamorgan Council383,401
Wrexham Council486,822
Scotland
Aberdeen City Council678,838
Aberdeenshire Council498,326
Angus Council373,135
Argyll and Bute Council263,669
Clackmannanshire Council227,522
Comhairle Nan Eilean Siar Council67,746
Dumfries and Galloway Council550,517
Dundee City Council777,001
East Ayrshire Council518,581
East Dunbartonshire Council213,506
East Lothian District Council323,700
East Renfrewshire Council176,089
City of Edinburgh Council1,726,230
Falkirk District Council549,236
Fife Council1,347,783
Glasgow City Council3,804,319
Highland Council661,070
Inverclyde District Council397,668
Midlothian Council289,469
Moray Council250,247
North Ayrshire Council680,462
North Lanarkshire Council1,417,602
Orkney Islands Council61,299
Perth and Kinross Council373,389
Renfrewshire Council694,515
Scottish Borders Council369,827
Shetland Islands Council52,957
South Ayrshire Council437,418
South Lanarkshire Council1,143,290
Stirling Council250,429
West Dunbartonshire Council534,025
West Lothian Council684,285

Article 5

SCHEDULE 2Substitution of Schedule 1ZB to the 1998 Order

Article 12(1)(bza)

SCHEDULE 1ZBAdditional amount of subsidy: Verify Earnings and Pension Alerts Service

Interpretation

1.  In this Schedule—

relevant activities” means activities carried out by authorities receiving VEP alerts to administer those alerts;

VEP alerts” means alerts given by the Secretary of State enabling authorities to identify changes in earnings and pensions so as to help prevent fraud and error relating to housing benefit.

Additional amount: relevant year beginning with 1st April 2022

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2022 is the amount specified for that authority in the Housing Benefit Circular HB S8/2022 first published by the Department for Work and Pensions on 17th June 2022(6).

Use of amount paid under paragraph 2

3.  An authority must use the additional amount received under paragraph 2 in connection with relevant activities.

Article 6

SCHEDULE 3Substitution of Schedule 1ZC to the 1998 Order

Article 12(1)(bzb)

SCHEDULE 1ZCAdditional Amount of Subsidy: Housing Benefit Award Accuracy Initiative

Interpretation

1.  In this Schedule—

HBAAI” means the Housing Benefit Award Accuracy Initiative set out in Housing Benefit Circular HB A6/2021 first published by the Department for Work and Pensions on 14th May 2021(7);

relevant activities” means activities carried out by authorities in connection with administering the HBAAI.

Additional amount: relevant year beginning with 1st April 2021

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2021 is the amount (if any) specified for that authority in the following Housing Benefit Circulars published by the Department for Work and Pensions—

(a)HB S8/2021 (revised), first published on 27th April 2021 and updated on 16th July 2021(8);

(b)HB S9/2021, first published on 23rd July 2021(9);

(c)HB S11/2021, first published on 22nd October 2021(10).

Use of amount paid under paragraph 2

3.  An authority must use any additional amount received under paragraph 2 in connection with relevant activities.

Article 7

SCHEDULE 4Substitution of Schedule 4A to the 1998 Order

Article 20A

SCHEDULE 4ARent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales

Interpretation

1.  In this Schedule—

HRA” means the Housing Revenue Account of the authority the amount of whose subsidy is under consideration;

rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations, other than a payment specified in regulation 12(1)(e).

Liability to deduction

2.(1) This paragraph applies in relation to the relevant year if—

(a)the authority is specified in the Table in paragraph 4 for that year, and

(b)O + P is less than Q where—

O is the amount specified in column 1 of that Table for the authority;

P is the guideline rent increase specified in column 2 of that Table for the authority;

Q is the average weekly rent for a dwelling for the authority for the relevant year.

(2) For the purposes of determining Q in sub-paragraph (1)(b), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA, disregarding any unoccupied dwelling.

Amount of deduction

3.(1) The amount of the deduction from subsidy referred to in article 20A(2) is to be calculated as follows—

Step 1

Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the HRA by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.

Step 2

If the result of Step 1—

(a)does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—

(i)deduct (O + P) from Q (see paragraph 2);

(ii)divide the result of paragraph (a)(i) by Q;

(iii)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (a)(ii));

(b)exceeds the rebate proportion for the relevant year—

(i)deduct (O + P) from Q (see paragraph 2);

(ii)divide the result of paragraph (b)(i) by Q;

(iii)divide the rebate proportion (see sub-paragraph (2)) by the result of Step 1;

(iv)multiply the result of paragraph (b)(ii) by the result of paragraph (b)(iii);

(v)multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b)(iv).

(2) The rebate proportion for the purposes of sub-paragraph (1) for the relevant year beginning with 1st April 2022 is 0.528.

Amounts for the purposes of paragraph 2

4.  The amounts for the relevant year beginning with 1st April 2022 for the purposes of paragraph 2 are as follows—

Local authority(1) Specified amount “O” (£)(2) Guideline rent increase “P” (£)
Caerphilly County Borough Council101.423.14
Cardiff City Council114.243.54
Carmarthenshire County Council100.603.12
Denbighshire County Council100.883.59
Flintshire County Council104.525.04
Isle of Anglesey County Council100.104.99
Pembrokeshire County Council103.603.42
Powys County Council104.193.23
Swansea City Council101.623.15
Vale of Glamorgan Council112.095.15
Wrexham Council103.334.49

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) (“the Act”) authorises the making, revocation or varying of an Order before, during or after the year to which it relates.

Article 3 updates the definition of “HBAP” in article 2 of the 1998 Order to refer to the appropriate version of the Housing Benefit Assurance Process, published on 31st March 2022.

Article 4 and Schedule 1 substitute Schedule 1 to the 1998 Order which prescribes the sums to be used in the calculation of subsidy for the year beginning with 1st April 2021.

Article 5 and Schedule 2 substitute Schedule 1ZB to the 1998 Order, which prescribes a system for the making of additional payments of subsidy to authorities administering alerts relating to the earnings and pension entitlement of claimants for housing benefit. Substituted paragraph 2 of that Schedule has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2022. The amounts were notified by the Secretary of State to local authorities on 17th June 2022.

Article 6 and Schedule 3 substitute Schedule 1ZC to the 1998 Order. This updates the definition of “HBAAI” in paragraph 1 of Schedule 1ZC to the 1998 Order to refer to the most recent version of the Housing Benefit Award Accuracy Initiative, published on 14th May 2021. Substituted paragraph 2 of that Schedule prescribes a system for the making of additional payments of subsidy to authorities verifying the accuracy of information held in respect of the household, income and capital, and general financial circumstances of claimants for housing benefit. It has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2021. The amounts were notified by the Secretary of State to local authorities on 22nd October 2021.

Article 7 and Schedule 4 substitute Schedule 4A to the 1998 Order. This has effect for the purposes of determining subsidy payable for the year beginning with 1st April 2022 for authorities in Wales. The substituted Schedule updates the rebate proportion figure for 2022/2023 to 0.528 and sets out revised specified amounts “O” and guideline rent increases “P” used when calculating deductions from subsidy under paragraph 2 of substituted Schedule.

Hard copies of the circulars referenced in this Order are available by writing to the Department for Work and Pensions, Local Authority Partnership, Engagement and Delivery Division, Room B120D, Warbreck House, Warbreck Hill, Blackpool, FY2 0YE or by emailing lawelfare.lafunding@dwp.gov.uk.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1992 c. 5 (“the Administration Act”). Sections 140B, 140C and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52). Section 140B(1) was amended by paragraph 7 of Schedule 1 and Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c. 47) (“the Fraud Act”). Section 140B(4) was substituted and section 140(4A) was inserted by section 10 of the Fraud Act. There are amendments to sections 140C and 189(1), (4) and (6) which are not relevant to this Order. Section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and by paragraph 10 of Schedule 1 to the Fraud Act.

(2)

Relevant amendments are made by paragraph 3(5) of Schedule 13 to the Housing Act 1996 and paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c.21).

(3)

Section 176(1)(b) is amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.

(4)

S.I. 1998/562; relevant amending instruments are S.I. 2004/646, 2008/695, 2018/985, 2020/976 and 2021/1031.

(5)

See section 140G of the Administration Act for the definition of “year”.