The Income-related Benefits (Subsidy to Authorities) Amendment Order 2023

Explanatory Note

(This note is not part of the Order)

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

Article 3 updates the definition of “HBAP” in article 2 of the 1998 Order to refer to the appropriate version of the Housing Benefit Assurance Process, published on 17th April 2023.

Article 4 and Schedule 1 substitute Schedule 1 to the 1998 Order, which prescribes the sums to be used in the calculation of subsidy for the year beginning with 1st April 2022.

Article 5 and Schedule 2 substitute Schedule 1ZB to the 1998 Order, which prescribes a system for the making of additional payments of subsidy to authorities administering alerts relating to the earnings and pension entitlement of claimants for housing benefit. The substituted Schedule 1ZB has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2023. The amounts were notified by the Secretary of State to local authorities on 9th April 2023.

Article 6 and Schedule 3 substitute Schedule 1ZC to the 1998 Order. The definition of “HBAAI” in paragraph 1 of that Schedule is updated to refer to the most recent version of the Housing Benefit Award Accuracy Initiative, published on 5th May 2022. Paragraph 2 of Schedule 1ZC prescribes a system for the making of additional payments of subsidy to authorities verifying the accuracy of information held in respect of the household, income and capital, and general financial circumstances of claimants for housing benefit. The substituted Schedule 1ZC has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2022. The amounts were notified by the Secretary of State to local authorities on 18th November 2022.

Article 7 omits Part 5 of Schedule 4 to the 1998 Order. Paragraph 1 of that Schedule, which referred to the table in Part 5, was previously omitted by the Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54). This Order is therefore being issued free of charge to all known recipients of that Statutory Instrument.

Article 8 and Schedule 4 substitute Schedule 4A to the 1998 Order, to update the rebate proportion figure for 2023/2024 to 0.44, and to set out revised specified amounts “O” and guideline rent increases “P” used when calculating deductions from subsidy under paragraph 2 of Schedule 4A. The substituted Schedule 4A has effect for the purposes of determining subsidy payable for the year beginning with 1st April 2023 for authorities in Wales.

Hard copies of the circulars referenced in this Order are available by writing to the Department for Work and Pensions, Local Authority Partnership, Engagement and Delivery Division, Peel Park Phase 2, First Floor Blue Zone, Brunel Way, Blackpool, Lancashire FY4 5ES or by emailing [e-mail].

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