The Income-related Benefits (Subsidy to Authorities) Order 1998
PART IGENERAL
Citation, commencement and interpretation1.
(1)
This Order, which may be cited as the Income-related Benefits (Subsidy to Authorities) Order 1998, shall come into force on 31st March 1998 and shall have effect in relation to any relevant year.
(2)
In this Order, unless the context otherwise requires —
“the Act” means the Social Security Administration Act 1992;
“authority” means a billing, housing or, as the case may be, local authority;
“a 1997 authority” means a successor authority, whose reorganisation date was 1st April 1997;
“a 1998 authority” means a successor authority, whose reorganisation date was 1st April 1998;
“new authority” means
“the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders” means the 1989 Order, the 1990 Order, the 1991 Order, the 1992 Order, the 1993 Order, the 1994 Order, the 1995 Order, the 1996 Order and the 1997 Order;
“following year” means the year following the relevant year;
“relevant year” means the year, commencing on 1st April 1997 or on the 1st April in any year thereafter, in respect of which a claim for subsidy is made;
(3)
In paragraph (2), “successor authority” and “reorganisation date” have the same meanings as in regulation 2(1) of the English Regulations.
(4)
In this Order, unless the context otherwise requires, a reference—
(a)
to a numbered Part in this Order or a Schedule to this Order, is to the Part in this Order, or that Schedule, as the case may be, bearing that number;
(b)
to a numbered article in or Schedule to this Order, is to the article in or Schedule to this Order, as the case may be, bearing that number;
(c)
in an article or a Schedule to a lettered or numbered paragraph is to the paragraph bearing that letter or number in that article or that Schedule; and
(d)
in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART IICLAIMS FOR AND PAYMENT OF SUBSIDY
Interpretation of Parts II and IV2.
In this Part and also in Part IV, unless the context otherwise requires—
“benefit savings” and “benefit-related savings” have the same meanings as are assigned to them by paragraph 1 of Schedule 5;
“claim” means an initial claim, mid-year claim, final claim or a return pursuant to article 4(4), as the case may be;
“claim form” means the form supplied by the Secretary of State pursuant to article 4(2)(a), (b) or (c) or (4), as the case may be;
“initial claim” means a claim for subsidy pursuant to article 4(2)(a);
“final claim” means a claim for subsidy pursuant to article 4(2)(c);
“mid-year claim” means a claim for subsidy pursuant to article 4(2)(b);
“final subsidy” means any subsidy which is not interim subsidy;
“interim subsidy” means subsidy pursuant to articles 6(4), 7(2), 8(1) or 9(4), as the case may be;
“the form” means a printed document or any other format upon which a claim may be set out, or any combination of such formats or alternative formats, as the Secretary of State determines; and
“the relevant office” means such office as may be designated by the Secretary of State.
Conditions for payment of subsidy3.
Subject to articles 9(3) and 10, no final subsidy shall be paid unless the conditions specified in the following provisions of this Part have been complied with.
Requirement of claim4.
(1)
The first condition is that subsidy shall be claimed in accordance with the provisions of and in the manner specified by this article.
(2)
There shall be submitted by an authority to the Secretary of State, at the relevant office, on the form supplied by him to that authority, the following claims for subsidy, by reference to the amount of relevant benefit that that authority—
(a)
estimates it will pay during the relevant year, by 1st March in the year preceding the relevant year;
(b)
estimates it has up to that time and will by the end of that relevant year have paid, by 31st August in the relevant year;
(c)
has paid in the relevant year, by 30th September in the following year.
(3)
The final claim shall be copied to the authority’s auditor, by 30th September in the following year.
(4)
In addition to the above claims, each authority shall submit to the Secretary of State at the relevant office, on the form supplied by him to that authority, the following returns—
(a)
on the 15th day (“the return date”) of each of July, October and January of the relevant year, details of the benefit savings and benefit-related savings in the relevant year that that authority has achieved by the end of the month immediately preceding the return date; and
(b)
on the 15th April in the following year, details of the benefit savings and benefit-related savings that that authority achieved in the relevant year.
(5)
All claims and returns submitted by an authority consequent upon this article shall be signed—
(a)
(b)
Requirement to keep records and provide information5.
The second condition is that the authority submitting a claim shall—
(a)
provide to the Secretary of State such information, including any information required by or consequent upon the claim form; and
(b)
keep and, where the Secretary of State requires it or it is otherwise appropriate to do so, produce records with a bearing on that claim,
as the Secretary of State so requires, or as may otherwise be necessary, to satisfy him that—
(i)
that claim is full, accurate and properly calculated; and
(ii)
any subsidy claimed or paid for the relevant year or that has been claimed or paid in accordance with the provisions of this Order or the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders, as the case may be, in relation to any earlier year was properly so paid or claimed.
Requirement of audit6.
(1)
Subject to article 9(4), the third condition is that the authority
(a)
shall procure that their final claim is audited by the authority’s auditor by 31st December in the following year; and
(b)
shall comply with the following provisions of this article.
(2)
The authority shall—
(a)
provide such information; and
(b)
keep and, where asked to do so, produce records with a bearing on its claim,
as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that—
(i)
that claim is properly calculated, and
(ii)
the relevant benefit in respect of which subsidy is claimed has been properly paid.
(3)
Until the authority’s auditor has certified on the claim form that he is satisfied that—
(a)
the final claim is properly calculated; and
(b)
the relevant benefit in respect of which subsidy is claimed has been properly paid,
no final subsidy shall be paid.
Final condition for the payment of subsidy7.
Subject to article 9(4), the fourth condition is that an authority shall satisfy the Secretary of State that its claim—
(a)
is true and complete;
(b)
is supported and, if appropriate, supplemented by all the information the Secretary of State requires; and
(c)
fairly represents the expenditure in relation to relevant benefit incurred or likely to be incurred, as the case may be, by the authority in the relevant year.
In year instalments of subsidy8.
(1)
Where an authority has submitted, by the due date—
(a)
the initial claim, mid-year claim and the returns under article 4(4), as the case may be, in accordance with the requirements of this Part; and
(b)
the conditions of this Part in relation to such claims have been complied with,
the Secretary of State shall pay each month, to each such authority that has submitted such claims as are by that date due, instalments of subsidy, in accordance with paragraph (2).
(2)
The instalments payable by way of interim subsidy to an authority under paragraph (1) shall be such amounts as the Secretary of State considers appropriate in the circumstances of the case, but the total amount of such instalments paid in the relevant year shall not exceed the amount which, in his estimation, is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the submission and audit of that authority’s final claim.
Payment of subsidy for the relevant year9.
(1)
Subject to paragraphs (2) and (3) and to any subsidy withheld, reduced or deducted in accordance with sections 140B(4) or 140C(3), as the case may be, where he is satisfied that—
(a)
the authority has submitted its final claim;
(b)
the auditor has audited and certified that claim; and
(c)
the conditions of this Part have been complied with,
the Secretary of State shall pay to that authority final subsidy calculated in accordance with Part III.
(2)
In determining the amount payable pursuant to paragraph (1) the Secretary of State shall take into account any interim subsidy paid during or in respect of the relevant year and any payment pursuant to this article shall only be in respect of the balance of subsidy due after the deduction of such interim subsidy paid.
(3)
The Secretary of State may pay subsidy under paragraph (1) once that submission, audit or certification, as the case may be, has occurred, despite it occuring after the time required in this Part.
(4)
In a case where the third or fourth condition, as the case may be, are not met in relation to any authority, the Secretary of State may pay such amount of subsidy as he is satisfied will be due when that condition is met.
Estimating subsidy10.
If an authority has not, at the time specified in articles 4 or 6(1), as the case may be, complied with any condition specified in this Part, the Secretary of State may estimate the amount of any subsidy, including any interim subsidy, payable to that authority and he may employ for that purpose such criteria as he considers relevant.
PART IIICALCULATION OF SUBSIDY
Interpretation of Part III11.
(1)
In this Part, unless the context otherwise requires—
“allowance” means a rent allowance;
“board and lodging accommodation” means—
(a)
accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
(b)
accommodation provided in a hotel, guest house, lodging house or some similar establishment,
“overpayment” includes excess benefits under the Community Charge Benefits Regulations and excess benefit under the Council Tax Benefit Regulations as well as overpayments under the Housing Benefit Regulations and any reference in this Order to “overpayment” in relation to any of the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders shall bear the meaning it has in this Order;
“period overrun” has the meaning assigned to it by paragraph 1 of Schedule 3;
and other expressions used in this Part and in the Housing Benefit Regulations or Council Tax Benefit Regulations, as the case may be, shall have the same meanings in this Part as they have in those Regulations.
(2)
In this Part
- “qualifying expenditure” means, in relation to an authority, the total of relevant benefit, including any payments under regulation 91 of the Housing Benefit Regulations (payments on account of a rent allowance)31 and any extended payments, lawfully paid by the authority during the relevant year, less—
- (a)
the deduction, if any, calculated for that authority in article 15;
- (b)
any deductions specified in article 19 relevant to that authority, and
- (c)where, under sections 134(8)32 (arrangements for housing benefit) or 139(6)33 (arrangements for council tax benefit) of the Act, as the case may be, the authority has modified any part of a scheme it administers, any amount by which the total of relevant benefit paid under that scheme during the relevant year by it exceeds the total it would have paid if the scheme had not been so modified.
- (a)
Amount of subsidy12.
The amount of an authority’s subsidy for the relevant year, to be paid pursuant to article 9—
(a)
(b)
Relevant benefit13.
(1)
Subject to any adjustment in accordance with paragraph (3), for the purposes of section 140A of the Act, the subsidy to be paid to an authority shall, subject in the case of Scottish Homes to paragraph (2), be—
(a)
in the case of an authority to which none of articles 14, 16 and 17 applies, 95 per cent. of its qualifying expenditure;
(b)
in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of—
(i)
95 per cent. of so much of its qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the relevant benefit to which each of those articles which is relevant applies; and
(ii)
the appropriate amount calculated in respect of the relevant benefit under each such article,
plus, in each case, the additions, where applicable, under articles 18 and 21(2), but subject, in each case, to the deductions, where applicable, under articles 20 and 21(3).
(2)
In the case of Scottish Homes, its subsidy for the relevant year shall include a further sum being—
(a)
where sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its qualifying expenditure, but subject to a maximum of £1,683,746; or
(b)
where sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the maximum specified in sub-paragraph (a).
(3)
Where, during the relevant year, there is a period overrun in respect of relevant benefit then the subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of—
(a)
an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 3, of that part of the qualifying expenditure for that authority attributable to expenditure in respect of allowances, to the extent that the overrun relates to allowances;
(b)
an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 3, of that part of the qualifying expenditure for that authority attributable to expenditure in respect of rebates, to the extent that the overrun relates to rebates; and
(c)
an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 3, of the qualifying expenditure for that authority attributable to expenditure in respect of council tax benefit, to the extent that the overrun relates to council tax benefit.
Backdated benefit14.
(1)
Subject to paragraph (2), where—
(a)
(b)
any part of that authority’s qualifying expenditure is attributable to such earlier period,
for the purposes of article 13(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the qualifying expenditure so attributable.
(2)
This article shall not apply in a case to which article 18(1)(b)(ii) or paragraph 6 of Schedule 4 applies.
Disproportionate rent increase15.
(1)
Except where paragraph (5), (6) or (7) applies, in the case of an authority in Scotland, whose average rent increase differential, as calculated in accordance with paragraph (2) (“the proportion”), has a value greater than zero, the deduction from qualifying expenditure specified in article 11(2)(a) shall be the proportion multiplied by the sum calculated for that authority in accordance with paragraph (4).
(2)
The average rent increase differential for each authority shall be calculated by applying the formula—
where
A, B, C, D and E each has the value determined in accordance with paragraph (3).
(3)
For the purposes of paragraph (2)—
(a)
the value of A shall be the proportion calculated for that authority pursuant to paragraphs (3) and (4) of—
(i)
in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order, or
(ii)
in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year;
(b)
the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;
(c)
the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;
(d)
the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date; and
(e)
the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date.
(4)
The sum referred to in paragraph (1) shall be that part of qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article, but less any part of such expenditure to which article 13(1)(b)(ii) applies.
(5)
Subject to paragraph (6), this article shall not apply in the case of an authority—
(a)
which has—
(i)
set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters;
(ii)
not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and
(iii)
not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs;
or
(b)
where—
(i)
any increases in rent between the initial date and 1st April in the following year were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and
(ii)
the average rent increase differential calculated in accordance with—
(aa)
in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order; or
(bb)
in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year,
for that authority had a value which was zero or less than zero.
(6)
In the case of a new authority, sub-paragraph (a)(iii) of paragraph (5) shall be modified so that, in relation to the relevant year commencing on 1st April 1997, for the words “or in either of the two previous years” there shall be substituted the words “or in the previous year”.
(7)
This article shall not apply in a case to which article 17 (subsidy in respect of homeless and short lease rebate cases) applies.
(8)
In this article (and, in the case of the meaning ascribed to the word “beneficiary”, also in article 19(2))—
“average” means the arithmetic mean;
“beneficiary” means a person who is entitled or likely to become entitled to a rebate;
“Category 1 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;
“Category 2 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;
“final date” means the last day of the relevant year;
“initial date” means the day before the relevant year; and
“rent” means either—
(a)
(b)
the eligible rent,
as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (3) it has the same meaning throughout in relation to that authority.
Treatment of high rents in rent allowance cases16.
(1)
Except in a case to which article 14 (backdated benefit) applies, and subject to paragraphs (2), (3) and (4) and to article 23 (transitional provisions in relation to rent officer determinations), this article applies in a rent allowance case and, where this article applies, the appropriate amount, for the purposes of article 13(1)(b)(ii), shall be calculated in accordance with Part II of Schedule 4.
(2)
(3)
Where the dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 5 to 9 of Schedule 1A to the Housing Benefit Regulations (“a regulated tenancy”), this article shall not apply if—
(a)
(b)
an application has been made for such registration as is mentioned in sub-paragraph (a), but no such registration has been made because the rent officer or rent assessment committee (which in this article has the same meaning as in those Acts), as the case may be, are satisfied that the rent is at or below the fair rent level,
but in the case of a regulated tenancy to which neither sub-paragraph (a) nor (b) applies, the appropriate amount in respect of that allowance shall be calculated in accordance with Part I of Schedule 4.
(4)
This article shall not apply in a case where a maximum rent has been determined, except where—
(a)
it was determined by reference to a reckonable rent and a local reference rent, when the appropriate amount shall be calculated in accordance with paragraph 14 of Schedule 4; or
(b)
(c)
regulation 11(9) of the Housing Benefit Regulations (no maximum rent for first 13 weeks) applies, when the appropriate amount shall be calculated in respect of the first 13 weeks in accordance with paragraph 15 of Schedule 4.
(5)
Expressions used in this article and in Schedule 4 have the same meanings in this article as they have in that Schedule.
Subsidy in respect of homeless and short lease rebate cases17.
(1)
Subject to paragraphs (5) and (6), where paragraph (4) applies and any part of the qualifying expenditure of an authority identified in column (1) of Schedule 1, except Scottish Homes, is attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold, then for the purposes of article 13(1)(b)(ii), where that weekly eligible rent—
(a)
does not exceed the cap, the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2);
(b)
does exceed the cap, the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (3).
(2)
Subject to paragraph (7), where paragraph (1)(a) applies, and the rebate granted—
(a)
is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates;
(b)
is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess and 95 per cent. of the qualifying expenditure attributable to the balance after deducting that excess.
(3)
Subject to paragraph (7), where paragraph (1)(b) applies, and the rebate granted—
(a)
is the same as or is less than the amount by which the eligible rent exceeds the cap, the appropriate amount shall be nil per cent. of that part of the qualifying expenditure attributable to such rebates;
(b)
is greater than the amount by which the eligible rent exceeds the cap, the appropriate amount shall be the aggregate of—
(i)
nil per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess over the cap;
(ii)
12.5 per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess over the threshold, but not over the cap; and
(iii)
95 per cent. of the qualifying expenditure attributable to the balance after deducting an amount equal to the excess over the threshold.
(4)
This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold and
(a)
(b)
a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985, section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, and which it makes available to that person;
(c)
a person is required to pay to an authority for accommodation outside that authority’s Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 10 years, and which it makes available to that person.
(5)
Where, in Scotland—
(a)
a person is required to pay to an authority for accommodation which the authority holds on a lease granted for a term not exceeding 10 years and which it makes available to that person; and
(b)
an authority, other than Scottish Homes, identified in column (1) of Schedule 1, has granted any rebate in respect of such requirements to pay,
the appropriate amount shall be calculated in accordance with paragraph (6).
(6)
Where paragraph (5) applies—
(a)
if the rebate granted is in respect of a person whose weekly eligible rent does not exceed the threshold, then the appropriate amount shall be 95 per cent. of that rebate;
(b)
if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be nil per cent.; and
(c)
if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount in respect of such part of such rebate which is equal to the excess shall be nil per cent., but in respect of that part of such rebate attributable to the balance after deducting an amount equal to the excess, the appropriate amount shall be 95 per cent..
(7)
For the relevant year commencing on 1st April 1997, this article shall be modified so that, for the figure “12.5” in paragraphs (2)(a) and (b) and (3)(b)(ii), there shall be substituted the figure “17.5”.
(8)
In this article, in relation to an authority falling within paragraph (1)—
“the cap” means the sum specified in relation to that authority in column (4) of Schedule 1, and
“the threshold” means the sum specified in relation to that authority in column (3) of Schedule 1.
Additions to subsidy18.
(1)
Subject to paragraphs (8), (9) and (10), the additions referred to in article 13(1) are—
(a)
where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment of relevant benefit, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
(b)
subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of community charge benefit or relevant benefit has been made and an amount is to be deducted under article 19 in relation to that overpayment, an amount equal to—
(i)
in the case of a departmental error overpayment, 95 per cent. of so much of the overpayment as has not been recovered by the authority;
(ii)
in the case of a fraudulent overpayment 95 per cent. of the overpayment; or
(iii)
except where head (i) or (ii) above applies, 25 per cent. of the overpayment;
(c)
where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 11 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order (other than a deduction under article 11(1)(g) or 19(1)(c) of the 1994 Order or 11(1)(f) or 19(1)(c) of the 1995, 1996 or 1997 Orders) or, in respect of a year earlier than the relevant year, under article 19 (other than a deduction under article 19(1)(f)), as the case may be, was a fraudulent overpayment, the amount, if any, by which 95 per cent. of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment;
(d)
in the case of an authority, other than Scottish Homes, identified in column (1) of Schedule 1, the sum specified in relation to that authority in column (5) of that Schedule.
(2)
The amount under paragraph (1)(b) shall not include an amount in relation to—
(a)
an authority error overpayment;
(b)
any technical overpayment; or
(c)
any overpayment discovered in the relevant year, which arose as a result of a reduction in the amount of council tax a person is or was liable to pay.
(3)
In the case of a departmental error overpayment, where some or all of that overpayment is recovered by the authority, no addition shall be applicable to the authority in respect of the amount so recovered.
(4)
In paragraphs (1)(b)(i) and (3) and in article 19(1)(e) “departmental error overpayment”means an overpayment caused by a mistake made, whether in the form of an act or omission—
(a)
by an officer of the Department of Social Security or the Department for Education and Employment, acting as such; or
(b)
in a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners),
where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake.
(5)
In paragraph (1)(b)(ii) and (c), in article 19(1)(f) and in paragraph 1 of Schedule 5 “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 and which—
(a)
is so classified by an officer of the authority, whom the authority has designated for the purpose of so classifying, after that date; and
(b)
occurs as a result of the payment of relevant benefit or community charge benefit arising in consequence of—
(i)
(ii)
(6)
In paragraph (2)(a) “authority error overpayment” means an overpayment caused by a mistake made, whether in the form of an act or omission, by an authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake.
(7)
In paragraph (2)(b) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate or council tax benefit being awarded in advance of the payment when—
(a)
a change of circumstances, which occurs subsequent to that award, reduces or eliminates entitlement to that rebate or benefit; or
(b)
the authority identifies, subsequent to that award, a recoverable overpayment which does not arise from a change in circumstances,
but shall not include any part of that overpayment occurring before the benefit week following the week in which the change is disclosed to the authority or it identifies that overpayment.
(8)
(9)
(10)
This article shall not apply to any expenditure in respect of which, had it been qualifying expenditure, the appropriate amount would have been nil.
Deductions to be made in calculating subsidy19.
(1)
The deductions referred to in article 11(2)(b) are, subject to paragraph (4), to be of the following amounts where—
(a)
subject to paragraphs (2) and (3), a tenant of an authority, who is in receipt of a rebate while continuing to occupy, or when entering into occupation of a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement—
(i)
is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights (“improvements”) and chooses or chose to be so provided;
(ii)
is during, or was at any time prior to, the relevant year, able to choose either to be provided with any improvements or, whether or not in return for an award or grant from the authority, to provide such improvements for himself; or
(iii)
would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in head (i) or (ii) of this sub-paragraph if he were not or had not at that time been in receipt of a rebate,
the amounts attributed during the relevant year to such improvements whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
(b)
during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;
(c)
during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of a rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award—
(i)
made to a tenant for a reason unrelated to the fact that he is a tenant;
(ii)
made under a statutory obligation;
(iii)
(iv)
except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
(v)
of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally and which was suffered by the tenant by virtue of his occupation of his home;
(d)
(e)
during the relevant year an amount is recovered in relation to a departmental error overpayment, within the meaning of article 18(4), the amount so recovered, in a case where the overpayment had occurred and been discovered in a year earlier than the relevant year;
(f)
during the relevant year a fraudulent overpayment, within the meaning of article 18(5), is identified, the amount of the overpayment, but only to the extent that the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 4 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order or article 11(2), as the case may be;
(g)
subject to sub-paragraphs (e) and (f), during the relevant year it is discovered that an overpayment of relevant benefit has been made, the amount of such overpayment, but only to the extent that—
(i)
the amount of such overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the 1989 Order or the 1990 Order or under article 4 or 15 of the 1991 Order or articles 4 or 16 of the 1992 Order or the 1993 Order or articles 4 or 19 of respectively the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order, or article 11(2), as the case may be; and
(ii)
(h)
during the relevant year any instrument of payment of relevant benefit issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument;
(i)
during the relevant year an amount is recovered in respect of which subsidy was paid pursuant to paragraph 6(2) of Schedule 6 to the 1996 Order or the 1997 Order or paragraph 11(2) of Schedule 4 (subsidy on payments on account), the amount so recovered, where the payment on account was made in a year earlier than the relevant year.
(2)
Subject to paragraph (3), no deduction shall be made under sub-paragraph (1)(a) where the eligible rent for a tenant has been increased in a case to which that sub-paragraph would apply, but—
(a)
any such services, facilities or rights (“improvements”)—
(i)
relate solely to the physical needs of the property in question or the needs of that tenant; and
(ii)
the increased rent in relation to such improvements is reasonable;
(b)
the tenant was eligible whether or not he was a beneficiary; and
(c)
the authority has not let properties, to which they intend to make improvements, either in the relevant year or in the two years preceding that year, solely or largely to beneficiaries.
(3)
In paragraph (2)—
(a)
“beneficiary” has the meaning it is given by article 15(8); and
(b)
in a case to which article 24 applies, sub-paragraph (c) shall have effect as modified by article 24(2).
(4)
Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more of the sub-paragraphs of paragraph (1), as the case may be, only the higher or highest, or, where the amounts are equal, only one amount, shall be deducted.
Deduction from subsidy20.
Where, during the relevant year, it is found by an authority that any instrument of payment issued by it as payment of any relevant benefit or community charge benefit on or after 1st April 1988, but before the relevant year, has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 13(1) shall be the amount of any subsidy that has been paid in respect of that instrument.
Additions to and deductions from subsidy in respect of benefit savings21.
(1)
Where this article applies, the addition to or, as the case may be, deduction from subsidy referred to in article 13(1) shall be calculated in accordance with Schedule 5.
(2)
This article applies in the case of an authority to which paragraph 2 of Schedule 5 applies and in such a case the addition shall be calculated in accordance with that paragraph.
(3)
This article also applies in the case of an authority to which paragraph 4 of Schedule 5 applies and in such a case the deduction shall be calculated in accordance with that paragraph.
PART IVTRANSITIONAL AND SAVINGS
Provisions for claims for 1997/9822.
In relation to the relevant year commencing on 1st April 1997 the—
(a)
initial claim;
(b)
mid-year claim; and
(c)
returns pursuant to article 4(4) due on 15th April, 15th July and 15th October 1997 and 15th January 1998,
may be submitted not later than 7 days after the day on which this Order comes into force, but no duty to pay interim subsidy to an authority shall arise until that claim or return, as the case may be, is submitted by the authority.
Transitional provisions in relation to rent officer determinations23.
(1)
In the relevant year commencing on 1st April 1997, the expression “property-specific rent less ineligible amounts” in both paragraph 17(1) of Schedule 4 and paragraph 13(1) of Schedule 6 to the 1997 Order has effect as if after the words “(“ineligible payments”)”, there were inserted the words “or, in the case of a determination prior to 2nd October 1995, the authority is of the opinion that the exceptionally high rent did not include ineligible payments,”.
(2)
In the case of any part of an award of housing benefit—
(a)
(b)
to which Part II of Schedule 4 applies,
the appropriate amount, in relation to any such part which is paid pursuant to that head of that sub-paragraph, shall be 95 per cent..
Modifications of exemption from improvements rule24.
(1)
This article applies in the case of a new authority, a 1997 authority or a 1998 authority, as the case may be, and, in these cases, the modifications set out in paragraph (2) shall apply.
(2)
In relation to the relevant year commencing on—
(a)
1st April 1997, in the case of a—
(i)
new authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”;
(ii)
1997 authority, the words “or in the two years preceding that year” shall be omitted from article 19(2)(c);
(b)
1st April 1998, in the case of a—
(i)
1997 authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”;
(ii)
1998 authority, the words “or in the two years preceding that year” shall be omitted from article 19(2)(c);
(c)
1st April 1999, in the case of a 1998 authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”.
Signed by authority of the Secretary of State for Social Security.
We consent,
SCHEDULE 1Sums to be used in the calculation of subsidy
(1) Authority | (2) Administration Subsidy (£) | (3) Homeless Threshold (£) | (4) Homeless Cap (£) | (5) Additional Subsidy (£) | (6) Benefit Savings Threshold (£) |
|---|---|---|---|---|---|
ENGLAND | |||||
Adur | 127,878 | 66.78 | 89.04 | 16,794 | 131,896 |
Allerdale | 262,099 | 55.26 | 73.68 | 16,513 | 159,687 |
Alnwick | 73,824 | 49.10 | 65.46 | 3,427 | 43,677 |
Amber Valley | 224,871 | 51.44 | 68.58 | 16,566 | 145,218 |
Arun | 327,996 | 81.93 | 109.24 | 59,885 | 462,730 |
Ashfield | 258,825 | 51.38 | 68.50 | 17,555 | 152,894 |
Ashford | 193,486 | 75.51 | 100.68 | 16,352 | 180,870 |
Aylesbury Vale | 211,722 | 66.33 | 88.44 | 27,486 | 172,129 |
Babergh | 155,665 | 63.11 | 84.14 | 13,981 | 138,951 |
Barking and Dagenham | 568,626 | 134.43 | 161.31 | 51,935 | 401,998 |
Barnet | 805,032 | 134.43 | 161.31 | 182,712 | 1,161,088 |
Barnsley | 688,268 | 44.31 | 59.08 | 35,820 | 391,834 |
Barrow-in-Furness | 217,450 | 63.69 | 84.92 | 27,611 | 212,459 |
Basildon | 459,404 | 61.44 | 81.92 | 35,723 | 309,295 |
Basingstoke and Deane | 285,457 | 69.75 | 93.00 | 25,306 | 210,778 |
Bassetlaw | 242,522 | 55.53 | 74.04 | 19,565 | 164,744 |
Bath and North East Somerset | 358,078 | 60.60 | 80.80 | 45,817 | 362,043 |
Bedford | 373,264 | 54.93 | 73.24 | 35,430 | 327,436 |
Berwick-upon-Tweed | 65,641 | 43.86 | 58.48 | 4,262 | 41,052 |
Bexley | 500,711 | 134.43 | 161.31 | 63,299 | 512,036 |
Birmingham | 3,570,059 | 60.39 | 80.52 | 303,832 | 3,064,096 |
Blaby | 94,508 | 48.17 | 64.22 | 6,461 | 45,801 |
Blackburn | 439,056 | 61.34 | 81.78 | 42,959 | 401,974 |
Blackpool | 574,577 | 50.22 | 66.96 | 144,628 | 910,588 |
Blyth Valley | 228,981 | 44.64 | 59.52 | 9,112 | 124,520 |
Bolsover | 201,746 | 44.60 | 59.46 | 17,018 | 121,875 |
Bolton | 752,667 | 52.74 | 70.32 | 54,719 | 639,165 |
Boston | 130,490 | 51.96 | 69.28 | 8,555 | 82,222 |
Bournemouth | 585,897 | 66.98 | 89.30 | 176,071 | 852,343 |
Bracknell Forest | 178,844 | 64.76 | 86.34 | 23,069 | 164,419 |
Bradford | 1,405,642 | 52.67 | 70.22 | 152,722 | 1,350,869 |
Braintree | 265,985 | 63.39 | 84.52 | 23,205 | 205,186 |
Breckland | 251,931 | 62.87 | 83.82 | 17,894 | 138,715 |
Brent | 1,215,730 | 134.43 | 161.31 | 308,740 | 2,290,093 |
Brentwood | 105,334 | 73.56 | 98.08 | 10,882 | 79,051 |
Bridgnorth | 85,843 | 55.74 | 74.32 | 5,753 | 57,873 |
Brighton and Hove | 1,090,055 | 66.72 | 88.96 | 277,605 | 1,589,134 |
Bristol | 1,198,030 | 58.01 | 77.34 | 154,354 | 1,171,749 |
Broadland | 171,462 | 62.87 | 83.82 | 11,523 | 104,029 |
Bromley | 723,623 | 134.43 | 161.31 | 72,865 | 605,503 |
Bromsgrove | 103,050 | 51.05 | 68.06 | 6,603 | 60,496 |
Broxbourne | 154,982 | 78.86 | 105.14 | 18,887 | 137,205 |
Broxtowe | 205,109 | 48.35 | 64.46 | 15,419 | 139,402 |
Burnley | 275,846 | 57.20 | 76.26 | 41,013 | 304,118 |
Bury | 392,478 | 55.37 | 73.82 | 38,251 | 317,057 |
Calderdale | 499,812 | 50.79 | 67.72 | 37,735 | 389,214 |
Cambridge | 241,933 | 62.21 | 82.94 | 28,688 | 260,633 |
Camden | 1,135,353 | 134.43 | 161.31 | 217,817 | 2,116,492 |
Cannock Chase | 195,103 | 61.07 | 81.42 | 8,110 | 123,512 |
Canterbury | 314,511 | 72.21 | 96.28 | 51,929 | 360,227 |
Caradon | 184,318 | 61.76 | 82.34 | 25,779 | 195,033 |
Carlisle | 233,531 | 53.24 | 70.98 | 20,734 | 186,978 |
Carrick | 226,358 | 57.98 | 77.30 | 35,041 | 243,303 |
Castle Morpeth | 81,470 | 50.82 | 67.76 | 3,512 | 42,091 |
Castle Point | 149,311 | 79.89 | 106.52 | 27,520 | 141,455 |
Charnwood | 216,555 | 49.43 | 65.90 | 24,625 | 123,667 |
Chelmsford | 235,200 | 67.16 | 89.54 | 23,114 | 183,365 |
Cheltenham | 245,358 | 69.12 | 92.16 | 37,811 | 286,514 |
Cherwell | 214,618 | 61.92 | 82.56 | 41,620 | 228,432 |
Chester | 258,587 | 53.63 | 71.50 | 24,539 | 222,239 |
Chester-le-Street | 128,052 | 49.07 | 65.42 | 7,840 | 78,319 |
Chesterfield | 290,840 | 46.28 | 61.70 | 19,690 | 198,275 |
Chichester | 192,071 | 66.78 | 89.04 | 24,207 | 204,640 |
Chiltern | 141,376 | 69.75 | 93.00 | 6,927 | 103,264 |
Chorley | 185,920 | 43.67 | 58.22 | 11,273 | 128,808 |
Christchurch | 97,848 | 62.16 | 82.88 | 9,955 | 67,962 |
City of London | 35,995 | 134.43 | 161.31 | 2,077 | 34,144 |
Colchester | 329,837 | 64.52 | 86.02 | 40,744 | 350,322 |
Congleton | 110,851 | 51.44 | 68.58 | 6,648 | 66,229 |
Copeland | 190,085 | 52.53 | 70.04 | 13,088 | 139,810 |
Corby | 145,813 | 51.17 | 68.22 | 18,158 | 113,042 |
Cotswold | 129,910 | 78.06 | 104.08 | 16,142 | 139,006 |
Coventry | 990,465 | 53.84 | 71.78 | 105,075 | 840,160 |
Craven | 83,737 | 59.51 | 79.34 | 8,519 | 72,347 |
Crawley | 188,524 | 66.87 | 89.16 | 14,059 | 102,375 |
Crewe and Nantwich | 212,016 | 53.22 | 70.96 | 16,606 | 153,714 |
Croydon | 998,210 | 134.43 | 161.31 | 195,597 | 1,682,556 |
Dacorum | 249,911 | 61.88 | 82.50 | 20,678 | 169,598 |
Darlington | 246,341 | 51.47 | 68.62 | 25,439 | 216,420 |
Dartford | 172,150 | 72.29 | 96.38 | 22,102 | 158,730 |
Daventry | 89,714 | 52.62 | 70.16 | 6,481 | 59,125 |
Derby | 616,461 | 51.09 | 68.12 | 61,605 | 565,078 |
Derbyshire Dales | 94,790 | 50.60 | 67.46 | 5,432 | 52,097 |
Derwentside | 285,057 | 57.47 | 76.62 | 10,051 | 191,678 |
Doncaster | 820,397 | 44.79 | 59.72 | 55,074 | 470,648 |
Dover | 309,568 | 75.39 | 100.52 | 54,529 | 373,331 |
Dudley | 747,010 | 54.45 | 72.60 | 27,076 | 398,544 |
Durham City | 191,489 | 54.51 | 72.68 | 7,771 | 111,431 |
Ealing | 988,314 | 134.43 | 161.31 | 249,713 | 1,645,573 |
Easington | 350,031 | 54.62 | 72.82 | 14,278 | 219,061 |
East Cambridgeshire | 134,278 | 62.87 | 83.82 | 11,487 | 72,393 |
East Devon | 227,221 | 60.65 | 80.86 | 25,221 | 230,988 |
East Dorset | 124,378 | 73.19 | 97.58 | 10,426 | 82,849 |
East Hampshire | 155,484 | 69.75 | 93.00 | 18,563 | 130,268 |
East Hertfordshire | 173,166 | 71.21 | 94.94 | 16,953 | 133,393 |
East Lindsey | 311,667 | 54.15 | 72.20 | 42,682 | 281,490 |
East Northamptonshire | 122,821 | 55.74 | 74.32 | 11,308 | 76,316 |
East Riding of Yorkshire | 587,261 | 47.90 | 63.86 | 72,648 | 538,451 |
East Staffordshire | 186,527 | 50.18 | 66.90 | 15,797 | 126,687 |
Eastbourne | 290,825 | 65.99 | 87.98 | 66,091 | 372,888 |
Eastleigh | 181,116 | 69.65 | 92.86 | 21,025 | 127,182 |
Eden | 70,526 | 71.96 | 95.94 | 7,072 | 65,030 |
Ellesmere Port and Neston | 159,211 | 43.04 | 57.38 | 7,997 | 92,942 |
Elmbridge | 186,575 | 77.78 | 103.70 | 33,527 | 218,475 |
Enfield | 764,927 | 134.43 | 161.31 | 135,084 | 1,110,048 |
Epping Forest | 231,117 | 71.09 | 94.78 | 27,375 | 189,634 |
Epsom and Ewell | 93,972 | 69.65 | 92.86 | 14,712 | 82,096 |
Erewash | 234,962 | 46.55 | 62.06 | 20,230 | 155,563 |
Exeter | 292,145 | 54.72 | 72.96 | 38,950 | 315,014 |
Fareham | 119,778 | 66.62 | 88.82 | 11,526 | 115,771 |
Fenland | 188,615 | 61.05 | 81.40 | 23,073 | 151,343 |
Forest Heath | 90,783 | 56.54 | 75.38 | 8,273 | 63,056 |
Forest of Dean | 143,350 | 60.65 | 80.86 | 14,101 | 117,326 |
Fylde | 129,602 | 48.89 | 65.18 | 23,242 | 127,112 |
Gateshead | 798,011 | 49.04 | 65.38 | 37,573 | 654,949 |
Gedling | 191,577 | 48.39 | 64.52 | 20,093 | 146,702 |
Gillingham | 200,492 | 63.80 | 85.06 | 41,605 | 241,010 |
Gloucester | 275,100 | 65.84 | 87.78 | 58,045 | 353,538 |
Gosport | 167,139 | 73.98 | 98.64 | 16,743 | 187,977 |
Gravesham | 228,496 | 71.25 | 95.00 | 32,387 | 219,579 |
Great Yarmouth | 309,339 | 48.81 | 65.08 | 58,670 | 317,951 |
Greenwich | 991,405 | 134.43 | 161.31 | 70,845 | 1,027,712 |
Guildford | 203,720 | 78.80 | 105.06 | 32,203 | 227,707 |
Hackney | 1,495,105 | 134.43 | 161.31 | 243,433 | 2,631,330 |
Halton | 445,350 | 47.43 | 63.24 | 19,880 | 291,347 |
Hambleton | 138,912 | 47.84 | 63.78 | 12,466 | 82,233 |
Hammersmith and Fulham | 878,891 | 134.43 | 161.31 | 152,324 | 1,209,033 |
Harborough | 81,365 | 60.75 | 81.00 | 7,205 | 57,792 |
Haringey | 1,309,264 | 134.43 | 161.31 | 384,860 | 2,746,581 |
Harlow | 235,181 | 61.38 | 81.84 | 17,204 | 168,985 |
Harrogate | 236,570 | 63.95 | 85.26 | 36,251 | 254,092 |
Harrow | 458,901 | 134.43 | 161.31 | 103,804 | 705,957 |
Hart | 89,192 | 93.66 | 124.88 | 12,214 | 74,755 |
Hartlepool | 357,281 | 53.58 | 71.44 | 26,887 | 296,968 |
Hastings | 416,090 | 69.75 | 93.00 | 96,855 | 501,748 |
Havant | 232,441 | 69.75 | 93.00 | 29,267 | 178,371 |
Havering | 487,586 | 134.43 | 161.31 | 52,813 | 358,068 |
Hereford | 147,649 | 49.95 | 66.60 | 22,124 | 158,300 |
Hertsmere | 219,732 | 62.87 | 83.82 | 16,112 | 132,822 |
High Peak | 163,462 | 55.89 | 74.52 | 16,593 | 138,641 |
Hillingdon | 553,999 | 134.43 | 161.31 | 69,495 | 742,398 |
Hinckley and Bosworth | 130,865 | 55.41 | 73.88 | 11,435 | 70,733 |
Horsham | 159,538 | 80.28 | 107.04 | 20,108 | 164,017 |
Hounslow | 647,273 | 134.43 | 161.31 | 134,556 | 885,374 |
Huntingdonshire | 213,218 | 59.94 | 79.92 | 21,438 | 168,199 |
Hyndburn | 227,199 | 58.46 | 77.94 | 33,072 | 234,108 |
Ipswich | 368,294 | 56.79 | 75.72 | 36,437 | 316,829 |
Isle of Wight | 414,321 | 69.65 | 92.86 | 71,453 | 456,737 |
Isles of Scilly | 4,837 | 62.57 | 83.42 | 480 | 2,347 |
Islington | 1,123,082 | 134.43 | 161.31 | 119,640 | 1,431,747 |
Kennet | 149,990 | 62.16 | 82.88 | 10,260 | 98,953 |
Kensington and Chelsea | 716,159 | 134.43 | 161.31 | 181,247 | 1,330,284 |
Kerrier | 246,134 | 62.52 | 83.36 | 31,640 | 255,817 |
Kettering | 155,222 | 55.29 | 73.72 | 16,972 | 116,478 |
Kings Lynn and West Norfolk | 295,978 | 53.69 | 71.58 | 25,824 | 223,613 |
Kingston-upon-Hull | 1,132,617 | 48.24 | 64.32 | 84,023 | 877,215 |
Kingston-upon-Thames | 260,543 | 134.43 | 161.31 | 37,274 | 327,577 |
Kirklees | 975,704 | 56.03 | 74.70 | 81,189 | 828,207 |
Knowsley | 710,398 | 66.47 | 88.62 | 25,991 | 522,403 |
Lambeth | 1,466,392 | 134.43 | 161.31 | 242,655 | 2,236,795 |
Lancaster | 357,398 | 53.75 | 71.66 | 68,838 | 372,326 |
Leeds | 2,209,741 | 46.52 | 62.02 | 252,656 | 1,618,667 |
Leicester | 992,070 | 57.59 | 76.78 | 91,173 | 880,835 |
Leominster | 95,193 | 56.79 | 75.72 | 11,120 | 61,769 |
Lewes | 187,874 | 71.16 | 94.88 | 33,257 | 196,293 |
Lewisham | 1,394,404 | 134.43 | 161.31 | 157,200 | 1,491,021 |
Lichfield | 126,414 | 56.48 | 75.30 | 5,274 | 88,920 |
Lincoln | 297,360 | 48.32 | 64.42 | 28,883 | 249,897 |
Liverpool | 2,676,617 | 63.03 | 84.04 | 247,268 | 2,274,531 |
Luton | 488,572 | 64.37 | 85.82 | 99,748 | 541,967 |
Macclesfield | 227,797 | 56.01 | 74.68 | 22,042 | 191,428 |
Maidstone | 253,337 | 73.11 | 97.48 | 30,210 | 235,369 |
Maldon | 118,694 | 62.87 | 83.82 | 11,815 | 92,676 |
Malvern Hills | 171,868 | 56.79 | 75.72 | 12,324 | 107,700 |
Manchester | 2,582,088 | 68.28 | 91.04 | 321,926 | 3,265,757 |
Mansfield | 289,844 | 55.05 | 73.40 | 22,592 | 210,465 |
Melton | 65,929 | 49.35 | 65.80 | 4,924 | 45,009 |
Mendip | 216,532 | 62.82 | 83.76 | 29,044 | 228,352 |
Merton | 474,637 | 134.43 | 161.31 | 90,316 | 600,719 |
Mid Bedfordshire | 175,246 | 63.06 | 84.08 | 12,197 | 101,162 |
Mid Devon | 135,635 | 59.66 | 79.54 | 12,103 | 134,651 |
Mid Suffolk | 122,140 | 62.94 | 83.92 | 9,206 | 80,446 |
Mid Sussex | 193,541 | 69.75 | 93.00 | 23,358 | 190,836 |
Middlesbrough | 577,418 | 62.01 | 82.68 | 43,040 | 535,928 |
Milton Keynes | 514,968 | 56.55 | 75.40 | 55,849 | 468,268 |
Mole Valley | 106,180 | 67.64 | 90.18 | 9,110 | 84,126 |
New Forest | 279,053 | 79.02 | 105.36 | 29,496 | 283,903 |
Newark and Sherwood | 228,206 | 52.70 | 70.26 | 17,318 | 152,557 |
Newbury | 231,302 | 63.65 | 84.86 | 22,539 | 161,331 |
Newcastle-under-Lyme | 223,435 | 46.08 | 61.44 | 12,002 | 118,444 |
Newcastle-upon-Tyne | 1,204,944 | 53.76 | 71.68 | 99,823 | 1,008,742 |
Newham | 1,405,767 | 134.43 | 161.31 | 306,062 | 2,183,541 |
North Cornwall | 218,194 | 61.83 | 82.44 | 26,814 | 211,437 |
North Devon | 228,434 | 68.96 | 91.94 | 49,744 | 318,080 |
North Dorset | 101,457 | 62.16 | 82.88 | 9,790 | 61,959 |
North East Derbyshire | 198,659 | 44.13 | 58.84 | 7,496 | 89,419 |
North East Lincolnshire | 487,204 | 49.53 | 66.04 | 57,609 | 415,405 |
North Hertfordshire | 232,900 | 68.10 | 90.80 | 26,509 | 193,975 |
North Kesteven | 126,616 | 51.93 | 69.24 | 9,073 | 75,134 |
North Lincolnshire | 348,313 | 47.79 | 63.72 | 31,047 | 241,753 |
North Norfolk | 210,497 | 56.81 | 75.74 | 23,763 | 194,284 |
North Shropshire | 102,857 | 49.80 | 66.40 | 7,976 | 72,857 |
North Somerset | 397,141 | 71.88 | 95.84 | 88,096 | 496,045 |
North Tyneside | 697,436 | 43.89 | 58.52 | 41,484 | 447,423 |
North Warwickshire | 132,192 | 50.87 | 67.82 | 1,964 | 70,311 |
North West Leicestershire | 143,978 | 51.50 | 68.66 | 7,510 | 74,397 |
North Wiltshire | 203,765 | 62.16 | 82.88 | 15,680 | 112,416 |
Northampton | 436,819 | 59.58 | 79.44 | 49,011 | 382,030 |
Norwich | 482,970 | 55.43 | 73.90 | 40,180 | 436,342 |
Nottingham | 1,180,129 | 51.23 | 68.30 | 102,275 | 1,029,510 |
Nuneaton and Bedworth | 265,167 | 50.54 | 67.38 | 21,855 | 179,387 |
Oadby and Wigston | 65,895 | 47.79 | 63.72 | 6,017 | 42,002 |
Oldham | 650,983 | 49.83 | 66.44 | 47,965 | 509,202 |
Oswestry | 77,466 | 51.17 | 68.22 | 6,562 | 63,813 |
Oxford | 383,190 | 63.66 | 84.88 | 114,187 | 583,821 |
Pendle | 205,189 | 54.44 | 72.58 | 26,796 | 212,273 |
Penwith | 245,631 | 62.16 | 82.88 | 31,383 | 273,439 |
Peterborough | 467,877 | 60.66 | 80.88 | 71,644 | 458,690 |
Plymouth | 810,901 | 51.14 | 68.18 | 123,071 | 905,464 |
Poole | 283,768 | 65.54 | 87.38 | 45,421 | 298,015 |
Portsmouth | 639,913 | 63.35 | 84.46 | 112,410 | 789,798 |
Preston | 386,172 | 54.59 | 72.78 | 30,618 | 362,840 |
Purbeck | 84,925 | 73.85 | 98.46 | 10,489 | 88,691 |
Reading | 394,266 | 86.43 | 115.24 | 79,870 | 625,106 |
Redbridge | 623,608 | 134.43 | 161.31 | 177,223 | 1,164,212 |
Redcar and Cleveland | 418,250 | 56.79 | 75.72 | 32,816 | 358,238 |
Redditch | 167,224 | 56.96 | 75.94 | 8,731 | 125,690 |
Reigate and Banstead | 182,767 | 76.38 | 101.84 | 25,011 | 175,839 |
Restormel | 259,807 | 61.52 | 82.02 | 39,891 | 292,172 |
Ribble Valley | 56,900 | 48.99 | 65.32 | 5,910 | 43,041 |
Richmond-upon-Thames | 354,553 | 134.43 | 161.31 | 52,668 | 427,000 |
Richmondshire | 64,601 | 57.99 | 77.32 | 4,764 | 54,097 |
Rochdale | 652,511 | 53.88 | 71.84 | 55,747 | 576,056 |
Rochester-upon-Medway | 475,882 | 69.75 | 93.00 | 145,537 | 596,579 |
Rochford | 121,091 | 65.54 | 87.38 | 13,503 | 99,828 |
Rossendale | 165,506 | 54.69 | 72.92 | 13,965 | 146,027 |
Rother | 195,370 | 78.17 | 104.22 | 30,053 | 269,340 |
Rotherham | 732,018 | 41.01 | 54.68 | 27,841 | 368,025 |
Rugby | 158,052 | 55.05 | 73.40 | 12,882 | 115,949 |
Runnymede | 114,980 | 84.15 | 112.20 | 13,932 | 102,460 |
Rushcliffe | 133,688 | 54.11 | 72.14 | 16,374 | 100,302 |
Rushmoor | 169,673 | 70.20 | 93.60 | 20,654 | 140,364 |
Rutland | 41,072 | 62.45 | 83.26 | 3,506 | 33,970 |
Ryedale | 92,963 | 47.84 | 63.78 | 6,608 | 58,719 |
Salford | 946,212 | 59.88 | 79.84 | 118,474 | 811,910 |
Salisbury | 203,593 | 75.42 | 100.56 | 31,454 | 233,171 |
Sandwell | 1,094,694 | 63.72 | 84.96 | 37,457 | 666,360 |
Scarborough | 304,242 | 58.28 | 77.70 | 49,014 | 340,684 |
Sedgefield | 271,099 | 49.91 | 66.54 | 8,673 | 145,269 |
Sedgemoor | 230,064 | 65.04 | 86.72 | 34,915 | 245,387 |
Sefton | 833,997 | 60.30 | 80.40 | 118,581 | 626,349 |
Selby | 108,461 | 56.70 | 75.60 | 12,753 | 75,188 |
Sevenoaks | 217,364 | 69.75 | 93.00 | 14,568 | 140,528 |
Sheffield | 1,783,708 | 48.11 | 64.14 | 80,086 | 988,603 |
Shepway | 313,111 | 65.15 | 86.86 | 72,493 | 322,882 |
Shrewsbury and Atcham | 180,265 | 51.77 | 69.02 | 16,700 | 150,926 |
Slough | 309,462 | 76.25 | 101.66 | 61,722 | 348,684 |
Solihull | 365,333 | 60.66 | 80.88 | 14,997 | 238,449 |
South Bedfordshire | 196,480 | 68.28 | 91.04 | 18,050 | 149,304 |
South Bucks | 118,491 | 54.44 | 72.58 | 5,747 | 54,273 |
South Cambridgeshire | 137,662 | 64.64 | 86.18 | 16,026 | 100,192 |
South Derbyshire | 127,602 | 51.68 | 68.90 | 10,106 | 81,416 |
South Gloucestershire | 321,486 | 64.20 | 85.60 | 35,613 | 269,401 |
South Hams | 166,628 | 71.61 | 95.48 | 23,248 | 188,508 |
South Herefordshire | 85,103 | 56.42 | 75.22 | 9,521 | 75,202 |
South Holland | 118,135 | 52.41 | 69.88 | 6,810 | 61,504 |
South Kesteven | 209,043 | 51.05 | 68.06 | 20,888 | 147,578 |
South Lakeland | 165,867 | 56.30 | 75.06 | 20,505 | 166,780 |
South Norfolk | 169,103 | 60.41 | 80.54 | 12,067 | 113,879 |
South Northamptonshire | 87,511 | 62.27 | 83.02 | 8,279 | 60,552 |
South Oxfordshire | 167,355 | 77.46 | 103.28 | 22,949 | 175,905 |
South Ribble | 166,467 | 55.19 | 73.58 | 7,506 | 83,774 |
South Shropshire | 91,951 | 56.79 | 75.72 | 7,417 | 68,142 |
South Somerset | 290,674 | 64.88 | 86.50 | 34,710 | 273,471 |
South Staffordshire | 150,300 | 55.74 | 74.32 | 5,317 | 86,675 |
South Tyneside | 641,203 | 43.28 | 57.70 | 22,358 | 319,233 |
Southampton | 720,762 | 60.98 | 81.30 | 129,673 | 854,135 |
Southend-on-Sea | 581,600 | 67.67 | 90.22 | 128,468 | 796,676 |
Southwark | 1,484,813 | 134.43 | 161.31 | 177,225 | 1,725,838 |
Spelthorne | 165,953 | 69.75 | 93.00 | 18,373 | 107,680 |
St Albans | 183,420 | 70.88 | 94.50 | 19,874 | 158,127 |
St Edmundsbury | 172,675 | 60.23 | 80.30 | 12,913 | 128,499 |
St Helens | 551,113 | 60.24 | 80.32 | 28,032 | 385,518 |
Stafford | 173,075 | 53.24 | 70.98 | 11,093 | 104,732 |
Staffordshire Moorlands | 125,838 | 52.10 | 69.46 | 5,830 | 68,896 |
Stevenage | 225,525 | 69.93 | 93.24 | 14,784 | 215,198 |
Stockport | 732,362 | 48.95 | 65.26 | 64,980 | 520,489 |
Stockton-on-Tees | 490,003 | 54.03 | 72.04 | 35,145 | 389,940 |
Stoke-on-Trent | 717,477 | 54.66 | 72.88 | 66,160 | 578,870 |
Stratford-on-Avon | 163,243 | 57.86 | 77.14 | 16,564 | 152,759 |
Stroud | 190,040 | 70.58 | 94.10 | 21,767 | 176,322 |
Suffolk Coastal | 243,824 | 53.81 | 71.74 | 22,936 | 184,799 |
Sunderland | 1,034,976 | 51.02 | 68.02 | 69,866 | 902,530 |
Surrey Heath | 97,959 | 69.75 | 93.00 | 14,229 | 70,167 |
Sutton | 381,843 | 134.43 | 161.31 | 52,198 | 380,949 |
Swale | 351,322 | 53.28 | 71.04 | 45,584 | 281,513 |
Swindon | 351,787 | 55.83 | 74.44 | 44,079 | 292,731 |
Tameside | 643,335 | 54.75 | 73.00 | 45,911 | 499,475 |
Tamworth | 162,153 | 58.44 | 77.92 | 14,846 | 121,192 |
Tandridge | 91,479 | 61.44 | 81.92 | 10,876 | 76,588 |
Taunton Deane | 243,870 | 57.08 | 76.10 | 38,246 | 246,089 |
Teesdale | 50,299 | 50.57 | 67.42 | 3,393 | 28,552 |
Teignbridge | 245,394 | 61.82 | 82.42 | 37,679 | 302,613 |
Tendring | 364,362 | 61.20 | 81.60 | 60,595 | 337,218 |
Test Valley | 142,734 | 71.12 | 94.82 | 10,865 | 114,844 |
Tewkesbury | 113,041 | 55.94 | 74.58 | 11,535 | 86,193 |
Thanet | 545,211 | 69.02 | 92.02 | 126,147 | 728,833 |
The Wrekin | 368,768 | 63.80 | 85.06 | 26,801 | 325,920 |
Three Rivers | 142,908 | 69.99 | 93.32 | 12,095 | 116,882 |
Thurrock | 333,204 | 62.57 | 83.42 | 33,951 | 260,390 |
Tonbridge and Malling | 214,340 | 69.75 | 93.00 | 13,928 | 132,426 |
Torbay | 463,173 | 65.66 | 87.54 | 119,577 | 722,209 |
Torridge | 136,673 | 55.40 | 73.86 | 24,812 | 176,723 |
Tower Hamlets | 1,103,625 | 134.43 | 161.31 | 61,014 | 1,040,370 |
Trafford | 472,828 | 56.40 | 75.20 | 54,183 | 410,719 |
Tunbridge Wells | 231,636 | 69.75 | 93.00 | 22,146 | 196,425 |
Tynedale | 96,882 | 55.89 | 74.52 | 4,451 | 59,649 |
Uttlesford | 96,287 | 63.42 | 84.56 | 10,896 | 78,913 |
Vale of White Horse | 164,628 | 69.75 | 93.00 | 15,225 | 100,146 |
Vale Royal | 193,126 | 53.03 | 70.70 | 8,752 | 128,703 |
Wakefield | 852,265 | 47.40 | 63.20 | 28,915 | 468,241 |
Walsall | 726,656 | 50.01 | 66.68 | 21,607 | 392,978 |
Waltham Forest | 945,280 | 134.43 | 161.31 | 179,371 | 1,313,780 |
Wandsworth | 1,112,645 | 134.43 | 161.31 | 198,874 | 1,501,769 |
Wansbeck | 192,072 | 46.55 | 62.06 | 13,677 | 97,048 |
Warrington | 397,883 | 46.38 | 61.84 | 18,430 | 245,900 |
Warwick | 223,438 | 60.02 | 80.02 | 23,430 | 189,326 |
Watford | 183,140 | 67.28 | 89.70 | 32,693 | 204,878 |
Waveney | 360,838 | 55.59 | 74.12 | 72,065 | 428,777 |
Waverley | 169,295 | 72.98 | 97.30 | 21,055 | 152,269 |
Wealden | 201,307 | 59.70 | 79.60 | 29,268 | 190,485 |
Wear Valley | 208,550 | 53.51 | 71.34 | 9,623 | 121,824 |
Wellingborough | 137,726 | 50.39 | 67.18 | 16,960 | 91,520 |
Welwyn Hatfield | 206,002 | 62.00 | 82.66 | 16,192 | 145,904 |
West Devon | 93,870 | 68.27 | 91.02 | 18,347 | 95,485 |
West Dorset | 198,984 | 62.16 | 82.88 | 17,457 | 153,522 |
West Lancashire | 256,511 | 53.37 | 71.16 | 13,373 | 197,059 |
West Lindsey | 144,292 | 51.35 | 68.46 | 15,106 | 102,985 |
West Oxfordshire | 133,171 | 65.48 | 87.30 | 19,977 | 132,872 |
West Somerset | 94,922 | 75.86 | 101.14 | 16,274 | 118,663 |
West Wiltshire | 214,452 | 73.46 | 97.94 | 36,653 | 229,497 |
Westminster59 | 1,949,765 | 134.43 | 161.31 | 369,579 | 1,978,731 |
Weymouth and Portland | 170,040 | 56.84 | 75.78 | 39,128 | 233,719 |
Wigan | 749,696 | 47.37 | 63.16 | 33,095 | 456,169 |
Winchester | 166,209 | 69.71 | 92.94 | 14,894 | 154,244 |
Windsor and Maidenhead | 243,228 | 69.75 | 93.00 | 23,238 | 189,060 |
Wirral | 1,102,692 | 66.02 | 88.02 | 130,785 | 1,056,229 |
Woking | 131,190 | 85.19 | 113.58 | 18,476 | 147,662 |
Wokingham | 123,973 | 73.17 | 97.56 | 20,438 | 125,297 |
Wolverhampton | 855,372 | 54.92 | 73.22 | 41,214 | 556,450 |
Worcester | 206,198 | 53.91 | 71.88 | 42,244 | 198,464 |
Worthing | 239,767 | 67.01 | 89.34 | 58,860 | 327,785 |
Wychavon | 199,817 | 56.79 | 75.72 | 11,278 | 99,831 |
Wycombe | 221,749 | 77.37 | 103.16 | 23,249 | 189,457 |
Wyre | 196,507 | 55.19 | 73.58 | 25,209 | 135,024 |
Wyre Forest | 188,559 | 56.52 | 75.36 | 17,033 | 135,575 |
York | 364,553 | 60.51 | 80.68 | 49,942 | 361,192 |
WALES | |||||
Blaenau Gwent | 200,096 | 56.76 | 75.68 | 14,799 | 152,680 |
Bridgend | 258,229 | 56.84 | 75.78 | 35,520 | 265,018 |
Caerphilly | 335,215 | 59.90 | 79.86 | 36,496 | 189,602 |
Cardiff | 713,150 | 64.89 | 86.52 | 100,994 | 896,265 |
Carmarthenshire | 307,870 | 54.26 | 72.34 | 44,543 | 356,135 |
Ceredigion | 126,174 | 58.97 | 78.62 | 24,250 | 169,528 |
Conwy | 242,452 | 53.45 | 71.26 | 47,398 | 326,266 |
Denbighshire | 197,249 | 48.83 | 65.10 | 50,187 | 238,293 |
Flintshire | 212,466 | 52.38 | 69.84 | 21,878 | 202,442 |
Gwynedd | 226,214 | 52.65 | 70.20 | 39,345 | 254,344 |
Isle of Anglesey | 155,321 | 52.76 | 70.34 | 26,295 | 195,591 |
Merthyr Tydfil | 172,864 | 54.62 | 72.82 | 12,090 | 98,256 |
Monmouthshire | 114,763 | 62.72 | 83.62 | 10,164 | 130,150 |
Neath Port Talbot | 328,340 | 54.53 | 72.70 | 26,992 | 294,765 |
Newport | 316,578 | 62.21 | 82.94 | 38,816 | 344,385 |
Pembrokeshire | 204,423 | 53.27 | 71.02 | 39,203 | 276,200 |
Powys | 195,953 | 53.31 | 71.08 | 21,144 | 191,109 |
Rhondda, Cynon, Taff | 536,851 | 55.52 | 74.02 | 48,511 | 439,827 |
Swansea | 572,406 | 56.81 | 75.74 | 69,819 | 475,274 |
Torfaen | 200,878 | 65.51 | 87.34 | 17,280 | 119,494 |
Vale of Glamorgan | 214,396 | 63.95 | 85.26 | 42,944 | 289,933 |
Wrexham | 261,738 | 48.51 | 64.68 | 22,657 | 157,431 |
SCOTLAND | |||||
Aberdeen City | 460,211 | 40.22 | 53.63 | 25,950 | 244,401 |
Aberdeenshire | 302,423 | 47.26 | 63.01 | 18,279 | 165,284 |
Angus | 249,516 | 36.37 | 48.49 | 13,763 | 107,992 |
Argyll and Bute | 209,714 | 53.22 | 70.96 | 24,153 | 193,793 |
Clackmannanshire | 124,150 | 43.86 | 58.48 | 3,410 | 63,856 |
Dumfries and Galloway | 380,377 | 50.30 | 67.07 | 30,956 | 261,124 |
Dundee City | 633,345 | 54.85 | 73.13 | 28,157 | 449,344 |
East Ayrshire | 338,898 | 39.30 | 52.40 | 12,845 | 188,654 |
East Dunbartonshire | 135,198 | 47.39 | 63.18 | 7,606 | 90,985 |
East Lothian | 231,028 | 41.43 | 55.24 | 16,986 | 132,155 |
East Renfrewshire | 141,182 | 42.23 | 56.30 | 7,654 | 87,309 |
Edinburgh City | 1,400,098 | 63.59 | 84.79 | 171,687 | 1,425,902 |
Falkirk | 375,927 | 40.90 | 54.53 | 10,525 | 177,025 |
Fife | 1,003,184 | 44.67 | 59.57 | 59,157 | 561,870 |
Glasgow City | 3,464,837 | 58.17 | 77.56 | 177,196 | 2,387,108 |
Highland | 493,914 | 56.34 | 75.11 | 36,556 | 355,481 |
Inverclyde | 361,459 | 48.80 | 65.06 | 14,058 | 202,075 |
Midlothian | 201,049 | 35.02 | 46.69 | 8,417 | 72,930 |
Moray | 172,278 | 42.62 | 56.83 | 13,042 | 114,470 |
North Ayrshire | 465,825 | 45.24 | 60.32 | 24,766 | 282,327 |
North Lanarkshire | 1,011,559 | 46.43 | 61.91 | 18,876 | 526,410 |
Orkney | 35,967 | 51.68 | 68.91 | 3,523 | 29,899 |
Perthshire and Kinross | 282,947 | 42.23 | 56.30 | 31,716 | 175,641 |
Renfrewshire | 516,402 | 45.24 | 60.32 | 18,955 | 275,959 |
Scottish Borders | 249,815 | 43.31 | 57.75 | 9,230 | 114,758 |
Shetland | 29,251 | 53.47 | 71.29 | 1,187 | 17,464 |
South Ayrshire | 285,495 | 47.90 | 63.87 | 27,343 | 228,350 |
South Lanarkshire | 798,920 | 49.20 | 65.61 | 22,511 | 483,316 |
Stirling | 184,051 | 51.41 | 68.55 | 11,697 | 115,183 |
West Dunbartonshire | 329,459 | 50.58 | 67.44 | 7,041 | 185,236 |
West Lothian | 410,108 | 41.01 | 54.67 | 14,474 | 220,931 |
Western Isles | 59,609 | 56.19 | 74.93 | 3,016 | 39,373 |
DEVELOPMENT CORPORATIONS | |||||
Scottish Homes | 654,842 | 251,911 |
SCHEDULE 2ADJUSTMENT FOR PRIORITISATION OF CLAIMS
General and interpretation
1.
(1)
The adjustment to the sum in respect of the cost of administering relevant benefits referred to in article 12(b) shall be calculated in accordance with the formula—
where
A is, in a case where an authority’s total credits in accordance with paragraph 2(a) exceed that authority’s total debits in accordance with paragraph 2(b), the amount by which those credits exceed those debits;
B is, in a case where an authority’s total debits in accordance with paragraph 2(b) exceed that authority’s total credits in accordance with paragraph 2(a), the amount by which those debits exceed those credits;
C is, in a case where an authority’s total credits in accordance with paragraph 5(a) exceed that authority’s total debits in accordance with paragraph 5(b), the amount by which those credits exceed those debits; and
D is, in a case where an authority’s total debits in accordance with paragraph 5(b) exceed that authority’s total credits in accordance with paragraph 5(a), the amount by which those debits exceed those credits.
(2)
Housing benefit claims
2.
(a)
paragraph 3 applies to that claim, that authority shall be credited with £10;
(b)
paragraph 4 applies to that claim, that authority shall be debited by £10.
3.
This paragraph applies where an authority determines a claim to which paragraph 2 applies within 4 weeks of the last day and also within either—
(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 it.
4.
This paragraph applies where an authority does not determine a claim to which paragraph 2 applies within whichever is the later of—
(a)
14 days of 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)
4 weeks following the last day.
Council tax benefit claims
5.
(a)
paragraph 3 applies to that claim, that authority shall be credited with £10;
(b)
paragraph 4 applies to that claim, that authority shall be debited by £10.
6.
This paragraph applies where an authority determines a claim to which paragraph 5 applies within 4 weeks of the last day and also within either—
(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 it.
7.
This paragraph applies where an authority does not determine a claim to which paragraph 5 applies within whichever is the later of—
(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)
4 weeks following the last day.
SCHEDULE 3CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS
PART IGENERAL INTERPRETATION
1.
In this Schedule, unless the context otherwise requires—
“period overrun” means any period, in the relevant year—
- (i)
which follows a benefit period in that year or the previous year; and
- (ii)
- (i)
“benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations or regulation 57 of the Council Tax Benefit Regulations, as the case may be, save that where an authority makes an award under one of those regulations for a specified period of less than 60 benefit weeks commencing with the benefit week when that specified period began;
“overrun week” means any week forming part of a period overrun, and
“the Table” means the Table in paragraph 5(2).
PART IIDEDUCTIONS
2.
The percentage referred to in article 13(3)(a) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.
3.
The percentage referred to in article 13(3)(b) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of that Table.
4.
The percentage referred to in article 13(3)(c) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.
PART IIICALCULATIONS AND TABLE
5.
(1)
In the heading to column (1) in the Table in sub-paragraph (2), “total benefit weeks” means the total of all benefit weeks and overrun weeks for all claimants in the appropriate category as described in paragraph 2, 3 or 4, as the case may be, granted benefit by the authority in the relevant year.
(2)
The Table referred to in this Schedule is as follows
(1) Overrun weeks in the relevant year as a percentage of the total benefit weeks in that year | (2) Percentage reduction for the purpose of paragraph 2, 3 or 4, as the case may be |
|---|---|
81 to 100% | 5% |
61 to 80.99% | 4% |
41 to 60.99% | 3% |
21 to 40.99% | 2% |
5 to 20.99% | 1% |
less than 5% | nil per cent. |
SCHEDULE 4HIGH RENTS AND RENT ALLOWANCES
PART IREGULATED TENANCIES
1.
(1)
In a case to which this Part applies, where any part of the qualifying expenditure of an authority, whose area is or lies within an area identified in column (1) of the Table in Part V, is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Table, the appropriate amount shall be calculated in accordance with sub-paragraph (2).
(2)
Where the allowance granted—
(a)
is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the qualifying expenditure attributable to such allowance;
(b)
is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be the aggregate of 25 per cent. of that part of the qualifying expenditure attributable to such allowance which is equal to the excess and 95 per cent. of that part of the qualifying expenditure attributable to the balance.
PART IIRENT OFFICERS' DETERMINATIONS
Calculation of the appropriate amount
2.
The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with paragraph 6, 7, 8, 9 or 11 as appropriate.
Rent officers' determinations
3.
Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.
4.
5.
6.
Except where paragraph 5 applies, this Part also applies in a case where an authority is required, under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer), to apply for a determination in relation to a dwelling during the relevant year which a rent officer would be required to make, but the authority fails to apply for that determination, and, in such a case, the appropriate amount shall be nil.
Rent officers' property-specific rent
7.
Where —
(a)
the rent officer determines a property-specific rent, but not a size-related rent; and
(b)
the amount of eligible rent does not exceed the property-specific rent less ineligible amounts,
the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
8.
(1)
Where—
(a)
the rent officer determines a property-specific rent, but not a size-related rent; and
(b)
the amount of eligible rent exceeds the property-specific rent less ineligible amounts,
then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or sub-paragraph (3), as the case may be.
(2)
Where the allowance granted is the same as or is less than the excess—
(a)
except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(b)
where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.
(3)
Where the allowance granted is greater than the excess the appropriate amount shall be
(a)
except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(b)
where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
together with 95 per cent. of the qualifying expenditure which remains after deducting the excess.
Rent officers' property-specific and size-related rents
9.
(1)
Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.
(2)
Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
(3)
For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
(4)
For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—
(a)
where the allowance is the same as or is less than the excess—
(i)
except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii)
where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b)
where the allowance granted is greater than the excess the appropriate amount shall be—
(i)
except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii)
where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.
(5)
For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—
(a)
where the allowance is the same as or is less than the excess—
(i)
except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii)
where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b)
where the allowance granted is greater than the excess the appropriate amount shall be—
(i)
except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii)
where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.
Restriction on unreasonable rents or on rent increases
10.
Payments on account of rent allowance
11.
(1)
This paragraph applies in a case where—
(a)
(b)
on the subsequent determination by that authority the amount of rent allowance payable is less than the amount of that payment.
(2)
In a case where this paragraph applies, the appropriate amount shall be 95 per cent. of so much of any amount which—
(a)
is not in excess of the appropriate indicative rent level in relation to the dwelling, in respect of which the claim for rent allowance, pursuant to which the payment on account was paid, was made; and
(b)
(3)
In any case to which this paragraph applies where any such payments on account were in excess of the appropriate indicative rent level, the appropriate amount shall be nil.
Relevant date
12.
For the purposes of this Part—
(a)
in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;
(b)
in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;
(c)
in a case where, during the relevant year—
(i)
(ii)
by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,
(d)
in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—
(i)
if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii)
if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;
(iii)
if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;
(e)
in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be, the relevant date is
(i)
if the designated rent determination under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii)
if the designated rent determination under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.
Termination date
13.
For the purposes of this Part “termination date” means—
(a)
31st March in the relevant year; or
(b)
where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or
(c)
the date on which the allowance ceases to be paid in respect of the tenancy,
whichever is the earlier date in the relevant year.
PART IIIRECKONABLE RENT CASES
14.
In a case where article 16(4)(a) applies—
(a)
where the authority, in determining the reckonable rent, has lessened that rent, in accordance with regulation 10(3) of and Schedule 1 to the Housing Benefit Regulations (ineligible charges), by a sum less than the ineligible amounts, the appropriate amount shall be 95 per cent. of the maximum rent as calculated by reference to the value of those ineligible amounts and the local reference rent; and
(b)
in a case where sub-paragraph (a) does not apply, the appropriate amount shall be 95 per cent. of the eligible rent as determined by the authority.
15.
In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in regulation 11(9) of the Housing Benefit Regulations, 95 per cent. of the eligible rent less ineligible amounts.
PART IVGENERAL AND INTERPRETATION
Apportionment
16.
For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).
Interpretation
17.
(1)
In this Schedule, unless the context otherwise requires—
“appropriate indicative rent level” means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under paragraph 1A or Part II of Schedule 1 to the Housing Benefit Regulations (meal and fuel charges);
“designated rent” means—
(a)
in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;
(b)
in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;
“ineligible amounts” means, except as provided in the definition of “property-specific rent less ineligible amounts” below—
(a)
any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);
(b)
(c)
“property-specific rent”, except as provided in the definition of “property-specific rent less ineligible amounts” below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;
“property-specific rent less ineligible amounts” has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges for food and fuel), as the case may be (“ineligible payments”), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;
“size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,
and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule and in regulation 11 of the Housing Benefit Regulations shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.
(2)
Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.
(3)
In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—
(a)
the terms of the tenancy of a dwelling; or
(b)
the size or composition of the household occupying that dwelling,
which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.
PART VTHRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES
18.
The Table referred to in paragraph 1 is—
(1) Area | (2) Threshold (Weekly Sum) |
|---|---|
£ | |
ENGLAND (Rent Registration Areas) | |
Avon | 91.49 |
Barking & Dagenham | 136.89 |
Barnet | 153.80 |
Bedfordshire | 83.98 |
Berkshire | 109.89 |
Bexley | 136.34 |
Brent | 128.25 |
Bromley | 152.37 |
Buckinghamshire | 97.32 |
Cambridgeshire | 72.37 |
Camden | 191.70 |
Cheshire | 84.05 |
City of London | 129.16 |
Cleveland | 73.95 |
Cornwall | 103.56 |
Croydon | 193.15 |
Cumbria | 54.28 |
Derbyshire | 65.99 |
Devon | 96.92 |
Dorset | 87.82 |
Durham | 67.25 |
Ealing | 164.12 |
Enfield | 138.34 |
Essex | 110.99 |
Gloucestershire | 79.93 |
Greater Manchester | 89.50 |
Greenwich | 131.58 |
Hackney | 128.65 |
Hammersmith & Fulham | 137.54 |
Hampshire | 104.85 |
Haringey | 133.32 |
Harrow | 147.08 |
Havering | 136.70 |
Hereford & Worcester | 95.98 |
Hertfordshire | 95.20 |
Hillingdon | 144.56 |
Hounslow | 144.60 |
Humberside | 76.12 |
Isle of Wight | 94.10 |
Islington | 147.08 |
Kensington & Chelsea | 157.32 |
Kent | 119.44 |
Kingston-upon-Thames | 159.11 |
Lambeth | 127.73 |
Lancashire | 99.30 |
Leicestershire | 63.75 |
Lewisham | 109.77 |
Lincolnshire | 66.12 |
Merseyside | 75.87 |
Merton | 150.34 |
Midlands (West) | 81.47 |
Newham | 114.80 |
Norfolk | 75.70 |
Northamptonshire | 67.32 |
Northumberland | 63.48 |
Nottinghamshire | 72.89 |
Oxfordshire | 121.89 |
Redbridge | 124.10 |
Richmond-upon-Thames | 163.07 |
Shropshire | 104.79 |
Somerset | 79.30 |
Southwark | 129.36 |
Staffordshire | 78.83 |
Suffolk | 72.20 |
Surrey | 122.08 |
Sussex (East) | 121.69 |
Sussex (West) | 113.68 |
Sutton | 135.18 |
Tower Hamlets | 144.22 |
Tyne & Wear | 62.08 |
Waltham Forest | 116.34 |
Wandsworth | 154.80 |
Warwickshire | 81.38 |
Westminster | 195.73 |
Wiltshire | 83.80 |
Yorkshire (North) | 87.88 |
Yorkshire (South) | 69.06 |
Yorkshire (West) | 77.18 |
WALES (Rent Registration Areas) | |
Bridgend & Glamorgan Valleys | 66.76 |
Cardiff & Vale of Glamorgan | 77.99 |
North East Wales | 60.90 |
North West Wales | 58.63 |
Powys | 69.55 |
South East Wales | 70.60 |
Swansea, Neath & Port Talbot | 62.75 |
West Wales | 68.48 |
SCOTLAND (Areas of pre 1996 authorities) | |
Borders Region | 108.56 |
Central | 105.45 |
Dumfries & Galloway | 95.84 |
Fife | 106.51 |
Grampian | 94.89 |
Highlands & Western Islands | 81.42 |
Lothian | 100.19 |
Other Islands | 76.72 |
Strathclyde | 93.60 |
Tayside | 99.92 |
SCHEDULE 5BENEFIT SAVINGS
General and interpretation
1.
(1)
The additions to or deductions from subsidy referred to in articles 13 and 21 shall be calculated in accordance with this Schedule.
(2)
In this Schedule, unless the context otherwise requires—
A is equal to
where—
B is the total sum of benefit savings made by an authority; and
C is the total sum of benefit-related savings made by an authority;
D is the sum specified in column (6) of Schedule 1 (Benefits Savings Threshold) for an authority identified in column (1) of that Schedule;
E is 0.75 of the value of D;
F is twice the value of D;
G is thrice the value of D;
“authorised person” means—
- (i)
an officer of an authority; or
- (ii)
an employee of an authority’s contractor,
who has been designated by that authority for the investigation of fraud;
- (i)
“benefit savings” means, in a case where an award of benefit had—
- (a)
been made before an intervention and a fraudulent overpayment has arisen; or
- (b)been made before the intervention, but no overpayment of relevant benefit can be determined by the authority by reason of paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Housing Benefit Regulations or paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Council Tax Benefit Regulations (income and capital to be disregarded) where a person is in receipt of income support or an income-based jobseeker’s allowance76, as the case may be, pending the determination of an adjudication officer; or
- (c)
not been made before the intervention,
any amount, which would—
- (i)
but for the intervention, have been paid by way of relevant benefit to a claimant during a benefit week; and
- (ii)
had it been paid as relevant benefit, have been a fraudulent overpayment (or in a case within paragraph (a) above, have also been a fraudulent overpayment), within the meaning of article 18(5),
or, in a case where only a proportion of that non-payment was due to the intervention, the amount shall be that proportion;
- (a)
“benefit-related savings” means—
- (i)
where benefit savings have been established and the investigation that led to those savings has also led to a determination by an adjudication officer that no designated benefit, or less designated benefit is payable to a claimant, any specified amount of designated benefit that would, but for that intervention and consequent determination, have been paid to that claimant; and
- (ii)
where the benefit savings were less than the total relevant benefit not paid, the benefit-related savings shall be an amount determined by applying to the total of designated benefit not paid a percentage equal to the percentage which those benefit savings bear to the total relevant benefit not paid;
- (i)
“designated benefit” means income support, incapacity benefit, jobseeker’s allowance, retirement pension, severe disablement allowance and widow’s pension, in a case where a claimant was, prior to the intervention, also being paid relevant benefit;
“intervention” means an investigation and intervention of one or more authorised persons whilst involved in the investigation of fraud and not in the performance of any other duty; and
“specified amount”, in relation to a claimant, means—
- (i)where the benefit is income support, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Income Support (General) Regulations 198777;
- (ii)where the benefit is incapacity benefit or severe disablement allowance, half of the fortnightly payment in arrears by which such benefit is to be paid, pursuant to regulation 24(1) of the Social Security (Claims and Payments) Regulations 198778 or, in a case where that regulation does not apply, would be so paid if that regulation did apply;
- (iii)where the benefit is jobseeker’s allowance, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Jobseeker’s Allowance Regulations 199679;
- (iv)where the benefit is retirement pension or widow’s pension, the amount payable in respect of the week in advance in which such benefit is to be paid, pursuant to regulation 22(1) of the Social Security (Claims and Payments) Regulations 198780 or, in a case where that regulation does not apply, would be so paid if that regulation did apply.
- (i)
Addition to subsidy
2.
(1)
Subject to sub-paragraphs (2) and (3), in the case of an authority where A is greater than D, the addition for that authority shall be 25 per cent. of the sum by which A exceeds D.
(2)
Subject to sub-paragraph (3), in the case of an authority where A is greater than F, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1), plus 5 per cent. of the sum by which A exceeds F.
(3)
In the case of an authority where A is greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraphs (1) and (2), plus 10 per cent. of the sum by which A exceeds G.
No addition or deduction
3.
In the case of an authority where—
(a)
A is the same as or is less than D; and
(b)
A is also the same as or exceeds E, or where, by reason of paragraph 4(2), paragraph 4(1) does not apply,
there shall be no addition or deduction under this Schedule for that authority.
Deduction from subsidy
4.
(1)
Subject to sub-paragraph (2), in the case of an authority where A is less than E, the deduction for that authority shall be the sum by which A is less than E.
(2)
Sub-paragraph (1) shall not apply in a case where the value of D for an authority is less than £60,000.
This Order makes provision for claims for, the calculation of and payment of subsidy payable under the Social Security Administration Act 1992 to authorities administering housing benefit or council tax benefit on and after 1st April 1997; section 140C(4) of that Act gives it retrospective effect.
Part II provides for the time and manner in which claims for subsidy are to be made and, subject to certain conditions in relation to such claims, for when subsidy on those claims is to be paid.
It sets out in Part III the manner in which the total figure for an authority’s subsidy for a financial year beginning on or after 1st April 1997 is calculated (articles 12(a) and 13 to 17 and Schedules 1, 3, 4 and 5) and the manner of calculating the additional sum payable to an authority in respect of the costs of administering those benefits (article 12(b) and Schedules 1 and 2).
The Order also makes provision for additions to and deductions from subsidy (articles 11(2), 13, 18, 19, 20 and 21 and Schedules 1, 3 and 5).
Part IV makes certain transitional and consequential provisions.
This Order does not impose a charge on businesses.