The Housing Benefit and Community Charge Benefit (Subsidy) Order 1993
Until the community charge benefit amounts under this Part as calculated under paragraphs 4, 5 and 6 equal the amount specified in paragraphs 2 and 3 as subsidy in respect of the costs of administering community charge benefit for appropriate authorities in England, Wales or unitary authorities, as the case may be, the formula set out in paragraph 5 and paragraph 6 shall, subject to the modifications specified below, continue to apply to calculate the community charge benefit amounts under this Part for those appropriate authorities to whom neither paragraph 4 nor paragraph 6 has applied; and for that purpose–
- (a) G shall apply as if the total of the community charge benefit amounts under this Part were the amount calculated under paragraph 5, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of the appropriate authority;
- (b) H shall apply as if the total of the community charge benefit amounts under this Part were the total of the community charge benefit amounts calculated under paragraph 5, or, if by virtue of this paragraph there has been more than one calculation, the last calculated under that paragraph in respect of all appropriate authorities to which paragraph 6 did not apply in that calculation; and
- (c) J shall apply as if the amount to be deducted to determine the balance of the total amount available were the housing benefit amounts as calculated under Part II of Schedule 1 and the community charge benefit amounts as calculated under this Part for appropriate authorities to whom, in the calculation under paragraphs 5 and 6, or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 6 applied.
PART III — APPLICABLE AND FURTHER AMOUNTS FOR SCOTTISH AUTHORITIES WHO ONLY ADMINISTER COMMUNITY CHARGE BENEFIT
Community charge benefit applicable amount
8
In the case of a sole authority, for the purposes of Part I but subject to paragraphs 10 to 13, the community charge benefit applicable amount shall be calculated by applying the following formula–
$$L×MN$ where– L is £5,571,262; M– except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 8, is the aggregate of the amounts obtained by multiplying each figure prescribed in column (3)(a) to (c) of that Schedule for that authority by the figure appropriate to that category and authority prescribed in column (3)(a), (b) or (c), as the case may be, of Schedule 9; in the case of an authority listed in column (1) of Schedule 10, is the aggregate amount determined in accordance with paragraph (a) above further multiplied by the figure specified for that authority in column (2) of that Schedule; and N is the total of the amounts for all sole authorities.$
Further amount
9
In the case of a sole authority in Scotland who administers only community charge benefit, for the purposes of Part I, but subject to paragraphs 10 to 11, the further amount shall be calculated by applying the following formula–
$$O×PQ$ where– O is £293,224; P– except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 8, is the figure specified in column (4)(b) of that Schedule for that authority; in the case of an authority identified in column (1) of Schedule 10, is the amount determined in accordance with paragraph (a) above multiplied by the figure specified for that authority in column (3) of Schedule 10; and Q is the total of the amounts for all sole authorities.$
Calculation of Applicable and Further Amounts
10
- (1) Subject to paragraphs 11 to 13, where, in the case of a sole authority, Θ (being the total of the community charge benefit amounts as calculated under paragraphs 8 and 9 in respect of that appropriate authority) is less than δ (being 75 per cent. of the relevant amount) the community charge benefit additional sum for that appropriate authority shall be the aggregate of the amount as calculated under paragraphs 8 and 9 plus an amount equal to the difference between Θ and δ and any supplementary amount under Part IV.
- (2) The relevant amount for the purposes of paragraphs 10 and 12 is the aggregate of the community charge benefit amounts payable to that sole authority for the financial year ending 31st March 1992 calculated in accordance with Schedule 2 to the 1992 Order (calculation of subsidy in respect of administration costs).
11
Where the total of the community charge benefit amounts as calculated under paragraphs 8 and 9 is other than £5,864,486, the total of the amounts under this Part for a sole authority to whom paragraph 10 does not apply shall be calculated, subject to paragraphs 12 and 13, by applying the following formula–
$$R×ST$ where– R is the total of the community charge benefit amounts as calculated under paragraphs 8 and 9 in respect of that appropriate authority; S is the total of the community charge benefit amounts as calculated under paragraphs 8 and 9 in respect of all sole authorities to whom paragraph 10 does not apply; and T is the balance of the total of the community charge benefit amounts as calculated under paragraphs 8 and 9 for sole authorities after deduction of the community charge benefit amounts as calculated under paragraphs 8 and 9 for such sole authorities to whom paragraph 10 applies.$
12
Where, in the case of the appropriate authority, Ω (being the amount calculated under paragraph 11) is less than δ (being 75 per cent. of the relevant amount) the amounts calculated under this Part for that appropriate authority shall be the amount as calculated under paragraph 11 plus an amount equal to the difference between Ω and δ.
13
Until the community charge benefit amounts under this Part as calculated under paragraphs 8, 9 and 12 equal the amounts specified in paragraphs 8 and 9 as subsidy in respect of the costs of administering community charge benefit for sole authorities, the formula set out in paragraph 11 and paragraph 12 shall, subject to the modifications specified below, continue to apply to calculate the community charge benefit amounts under this Part for those sole authorities to whom neither paragraph 10 nor paragraph 12 has applied; and for that purpose–
- (a) R shall apply as if the total of the community charge benefit amounts under this Part were the amount calculated under paragraph 11, or if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of the appropriate authority;
- (b) T shall apply as if the total of the community charge benefit amounts under this Part were the total of the amounts calculated under paragraph 11, or, if by virtue of this paragraph there has been more than one calculation, the last calculated under that paragraph in respect of all sole authorities to whom paragraph 12 did not apply in that calculation; and
- (c) S shall apply as if the amount to be deducted to determine the balance of the total amount available where the community charge benefit amounts under this Part for those sole authorities to whom, in the calculation under paragraphs 11 and 12, or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 12 applied.
PART IV — SUPPLEMENTARY AMOUNT
14
Subject to paragraphs 15 to 18, for the purposes of Part I the supplementary amount shall be calculated by applying the following formula–
$$U×VW$ where– U is in the case of appropriate authorities– in England, £507,064; in Wales, £29,503; in Scotland, £58,433; V– except where paragraph (b) below applies, in the case of an authority identified in column (1) of Schedule 8 is the aggregate of the amounts obtained by multiplying each figure prescribed in column (3)(a) to (c) of that Schedule for that authority by the figure appropriate to that category and authority prescribed in column (3)(a), (b) or (c), as the case may be, of Schedule 9; in the case of an authority identified in column (1) of Schedule 10, is the aggregate amount determined in accordance with paragraph (a) above further multiplied by the figure specified for that authority in column (2) of that Schedule; and W is the total of the amounts for all appropriate authorities in the case to which the particular appropriate authority belongs specified in sub-paragraph (a), (b) or (c), as the case may be, of the definition of U.$
15
Where the supplementary amount for an appropriate authority as calculated in accordance with paragraph 14 is less than £150 for that authority, it shall be £150.
16
Where the total of the supplementary amounts calculated in accordance with paragraphs 14 and 15 exceeds in the case of appropriate authorities–
- (i) in England, £507,064;
- (ii) in Wales, £29,503;
- (iii) in Scotland, £58,433;
the supplementary amount for an appropriate authority to which paragraph 15 does not apply shall be further calculated, subject to paragraph 17, by applying the following formula–
$$X×YZ$ where– X is the supplementary amount calculated under paragraph 14; Y is the amount which remains after deducting the aggregate of the amounts for appropriate authorities to whom paragraph 15 applies from the total of supplementary amounts specified in sub-paragraphs (a), (b) and (c), as the case may be, of the definition of L in paragraph 14; and Z is the aggregate of all the supplementary amounts calculated under paragraph 14 for all the appropriate authorities except those appropriate authorities to whom paragraph 15 applies.$
17
Where the supplementary amount for an appropriate authority as further calculated in accordance with paragraph 16 is less than £150 for that authority, it shall be £150.
18
Until such time as the aggregate of the authorities' supplementary amounts calculated under paragraphs 15, 16 and 17 equals the aggregate of the amounts specified in sub-paragraphs (a), (b) and (c) of the definition of U in paragraph 14, the calculations set out in paragraphs 16 and 17 shall, subject to the modifications set out below, continue to apply to calculate the supplementary amount for those appropriate authorities to whom neither paragraph 15 nor 17 has applied; and for that purpose–
- (a) X shall apply as if the supplementary amount were the amount calculated under paragraph 16 or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of that appropriate authority;
- (b) Y shall apply as if the amount to be deducted to determine the balance of the total amount available were the aggregate of the supplementary amounts for appropriate authorities to whom, in the calculation under paragraphs 16 and 17 or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 17 applied; and
- (c) Z shall apply as if the total of the supplementary amounts were the total of all the supplementary amounts calculated under paragraph 16 or, if by virtue of this paragraph there has been more than one calculation, the last calculated under that paragraph in respect of all appropriate authorities to whom paragraph 17 did not apply in that calculation.
SCHEDULE 3 — MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND
| (1) Authority granting rebates | (2) Maximum amount of subsidy £ |
|---|---|
| Scottish Homes | 2,620,695 |
| Cumbernauld (DC) | 243,320 |
| East Kilbride (DC) | 354,970 |
| Glenrothes | 228,305 |
| Irvine | 129,745 |
| Livingston | 272,965 |
SCHEDULE 4 — CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COMMUNITY CHARGE BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS
PART I — GENERAL AND INTERPRETATION
1
In this Schedule, unless the context otherwise requires–
- “period overrun” means any period, in the relevant year, on or after 5th October 1992– which follows a benefit period in that year; in respect of which the authority makes a payment to a claimant without making a further award under regulation 66 of the Housing Benefit Regulations[^f00048]or regulation 54[^f00049]of the Community Charge Benefit Regulations, as the case may be;
- “benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations or regulation 54 of the Community Charge Benefit Regulations, as the case may be, save that where an appropriate authority makes an award under that regulation for a specified period of less than 60 benefit weeks, it means 60 benefit weeks commencing with the benefit week when that specified period began; and
- “overrun week” means any week forming part of a period overrun.
PART II — DEDUCTIONS
2
The percentage referred to in article 4(3)(a) for an appropriate authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column 1 of that Table.
3
The percentage referred to in article 4(3)(b) for an appropriate authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column 1 of that Table.
4
The percentage referred to in article 18(2) for an appropriate authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column 1 of that Table.
PART III — CALCULATIONS AND TABLE
5
- (1) In the heading to column 1 in the Table in sub-paragraph (2) below, “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 appropriate 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 5 — THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT ALLOWANCES
| Area | Threshold (Weekly Sum) £ |
|---|---|
| ENGLAND | |
| Avon | 73.52 |
| Barking | 94.35 |
| Barnet | 135.10 |
| Bedfordshire | 56.02 |
| Berkshire | 67.32 |
| Bexley | 117.94 |
| Brent | 104.72 |
| Bromley | 116.43 |
| Buckinghamshire | 59.72 |
| Cambridgeshire | 61.16 |
| Camden | 149.82 |
| Cheshire | 77.56 |
| City of London | 186.44 |
| Cleveland | 64.83 |
| Cornwall | 79.81 |
| Croydon | 125.04 |
| Cumbria | 41.28 |
| Derbyshire | 55.40 |
| Devon | 73.17 |
| Dorset | 69.68 |
| Durham | 55.84 |
| Ealing | 118.15 |
| Enfield | 100.27 |
| Essex | 64.26 |
| Gloucestershire | 65.66 |
| Greater Manchester | 82.19 |
| Greenwich | 107.63 |
| Hackney | 101.41 |
| Hammersmith | 110.03 |
| Hampshire | 69.33 |
| Haringey | 107.88 |
| Harrow | 118.71 |
| Havering | 104.87 |
| Hereford and Worcester | 62.91 |
| Hertfordshire | 64.83 |
| Hillingdon | 109.03 |
| Hounslow | 112.98 |
| Humberside | 56.62 |
| Isle of Wight | 66.93 |
| Islington | 116.50 |
| Kensington and Chelsea | 130.86 |
| Kent | 75.00 |
| Kingston | 112.91 |
| Lambeth | 93.87 |
| Lancashire | 90.67 |
| Leicestershire | 56.14 |
| Lewisham | 88.34 |
| Lincolnshire | 54.40 |
| Merseyside | 70.80 |
| Merton | 113.91 |
| Midlands (West) | 54.18 |
| Newham | 86.40 |
| Norfolk | 63.70 |
| Northamptonshire | 64.22 |
| Northumberland | 53.74 |
| Nottinghamshire | 59.55 |
| Oxfordshire | 71.95 |
| Redbridge | 107.09 |
| Richmond upon Thames | 124.47 |
| Shropshire | 63.13 |
| Somerset | 66.27 |
| Southwark | 102.49 |
| Staffordshire | 54.53 |
| Suffolk | 61.95 |
| Surrey | 71.69 |
| Sussex (East) | 75.35 |
| Sussex (West) | 69.85 |
| Sutton | 111.61 |
| Tower Hamlets | 115.28 |
| Tyne and Wear | 51.17 |
| Waltham Forest | 83.17 |
| Wandsworth | 117.86 |
| Warwickshire | 52.39 |
| Westminster | 166.99 |
| Wiltshire | 74.00 |
| Yorkshire (North) | 58.98 |
| Yorkshire (South) | 51.47 |
| Yorkshire (West) | 54.31 |
| SCOTLAND | |
| Borders Region | 98.57 |
| Central | 101.78 |
| Dumfries and Galloway | 95.43 |
| Fife | 76.38 |
| Grampian | 72.62 |
| Highlands and Western Islands | 74.83 |
| Lothian | 91.49 |
| Other Islands | 65.67 |
| Strathclyde | 93.60 |
| Tayside | 87.45 |
| WALES | |
| Clwyd | 51.52 |
| Dyfed | 53.48 |
| Glamorgan (Mid) | 54.26 |
| Glamorgan (South) | 68.80 |
| Glamorgan (West) | 50.52 |
| Gwent | 61.16 |
| Gwynedd | 48.55 |
| Powys | 62.39 |
SCHEDULE 6 — RENT OFFICERS'DETERMINATIONS
Calculation of the appropriate amount
1
The appropriate amount–
- (a) in a case to which paragraph (2), (4) or (5) of article 8 applies, shall be calculated in accordance with paragraph 2, 3 or 4 as appropriate;
- (b) in a case to which paragraph (3) of that article applies, shall be calculated in accordance with paragraph 7.
Rent officers' reasonable market rent determination
2
Subject to paragraph 6, where the rent officer determines a reasonable market rent, and does not make a determination under paragraph 2 of Schedule 1 of the Rent Officers Order, and the amount of eligible rent does not exceed the reasonable market 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 housing benefit qualifying expenditure attributable to the reasonable market rent less ineligible amounts.
3
Subject to paragraph 6, where the rent officer determines a reasonable market rent, and does not make a determination under paragraph 2 of Schedule 1 of the Rent Officers Order, and the amount of eligible rent exceeds the reasonable market 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–
- (a) where the allowance granted is the same as or is less than the excess–
- (i) except where paragraph 5 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,
- (ii) where paragraph 5 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
- (b) where the allowance granted is greater than the excess–
- (i) except where paragraph 5 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,
- (ii) where paragraph 5 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.
Rent officers' reasonable market rent and size determination
4
- (1) Subject to paragraph 6, where the rent officer makes a determination under paragraph 2 of Schedule 1 of the Rent Officers Order that the dwelling exceeds the size criteria for its occupiers and he determines a reasonable market rent for that dwelling and a comparable rent for suitably sized accommodation, 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) 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 reasonable market rent less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the reasonable market rent less ineligible amounts.
- (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 exceeds the reasonable market rent less ineligible amounts the appropriate amount shall be–
- (a) where the allowance granted is the same as or is less than the excess–
- (i) except where paragraph 5 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,
- (ii) where paragraph 5 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
- (b) where the allowance granted is greater than the excess–
- (i) except where paragraph 5 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,
- (ii) where paragraph 5 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.
- (4) For the period after the end of that 13 week period, if the amount of the eligible rent does not exceed the comparable rent for suitably sized accommodation less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the comparable market rent for suitably sized accommodation less ineligible amounts.
- (5) For the period after the end of that period, if the amount of the eligible rent exceeds the comparable rent for suitably sized accommodation less ineligible amounts the appropriate amount shall be–
- (a) where the allowance granted is the same as or is less than the excess–
- (i) except where paragraph 5 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,
- (ii) where paragraph 5 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
- (b) where the allowance granted is greater than the excess–
- (i) except where paragraph 5 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,
- (ii) where paragraph 5 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.
No restriction on unreasonable rents or on rent increases
5
This paragraph applies where an authority has not considered it appropriate to treat a person’s eligible rent as reduced under regulation 11 or 12 of the Housing Benefit Regulations (restrictions on unreasonable rents or on rent increases).
Modification where rent is inclusive of domestic rates
6
Where–
- (a) before 1st April 1990 the rent officer had determined a reasonable market rent or a comparable rent for suitably sized accommodation, as the case may be; and
- (b) an amount was deducted from the eligible rent under regulation 10(3)(a) and (6) of the Housing Benefit Regulations as in force immediately before 1st April 1990 in respect of domestic rates, the reasonable market rent or, as the case may be, the comparable rent for suitably sized accommodation used as the basis of the calculation in paragraphs 2, 3, 4 and 5 of this Schedule, as the case may be, shall be increased by an amount equivalent to the amounts so deducted from the eligible rent in respect of domestic rates in respect of the period beginning on the relevant date and ending on the termination date.
Failure to apply for a rent officer’s determination
7
For any period in respect of which article 8(3) applies, the appropriate amount shall be nil per cent. of so much of the housing benefit qualifying expenditure as is attributable to any allowances granted.
Relevant date
8
For the purposes of this Schedule–
- (a) in a case where a claim for rent allowance is made on or after 1st April 1992, the relevant date is the date on which entitlement to benefit commences;
- (b) in a case where–
- (i) on 1st April 1992 there is current on that date a claim for an allowance in relation to the dwelling; and
- (ii) there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1992; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers Order, save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers Order had not taken effect by 31st March 1992, the relevant date will be 13 weeks after the relevant date determined under the 1992 Order[^f00050];
- (c) in a case where–
- (i) during the relevant year there has been a relevant change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations[^f00051]; and
- (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;
the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations^f00052 or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;
- (d) in a case where–
- (i) the tenancy is not an excluded tenancy within the meaning of Schedule 1A to the Housing Benefit Regulations^f00053; and
- (ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) an application for a determination in respect of that dwelling is not required; but nevertheless
- (iii) the authority applies for a rent officer’s determination in respect of that dwelling,
the relevant date is the Monday following the date on or after 1st April 1992 on which the authority applied to the rent officer for the determination;
- (e) in a case where a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is–
- (i) if the reasonable market rent determined under the further determination is higher than or equal to the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
- (ii) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent officer;
- (f) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is–
- (i) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined 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 reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined 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
9
For the purposes of this Schedule “termination date” means–
- (a) 31st March 1993; or
- (b) where the rent officer’s determination replaces a determination made in relation to the same dwelling, the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraphs 8(a) or (d); or
- (c) the date on which the allowance ceases to be paid in respect of the tenancy,
whichever is earlier.
Apportionment
10
For the purposes of this Schedule where more than one person is liable to make payments in respect of a dwelling the “comparable rent for suitably sized accommodation” or “reasonable market rent” shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).
Interpretation
11
In this Schedule, unless the context otherwise requires–
- “comparable rent for suitably sized accommodation” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order;
- “ineligible amounts” means– where– the rent determination was made before 1st April 1992 or in the case of a re- determination the original rent determination was made before 1st April 1992, any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Officers Order[^f00054]is attributable to the provision of services ineligible to be met by housing benefit, except to the extent that it relates to fuel charges, plus the amount in respect of such charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges); the rent determination was made on or after 1st April 1992, any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Officers Order 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); any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1[^f00055]to the Housing Benefit Regulations (amount ineligible for meals); where the dwelling is a hostel within the meaning of regulation 12A of the Regulations (requirement to refer to rent officers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than under sub-paragraphs (d) to (f) of that paragraph,
- “reasonable market rent” means the rent determined by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order;
and other expressions used in this Schedule and in the Rent Officers Order have the same meanings in this Schedule as they have in that Order.
SCHEDULE 7 — AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED
| (1) Area | (2) Threshold (Weekly Sum) £ |
|---|---|
| Adur | 52.84 |
| Allerdale | 38.03 |
| Alnwick | 35.79 |
| Amber Valley | 31.70 |
| Arun | 57.88 |
| Ashfield | 30.71 |
| Ashford | 62.23 |
| Aylesbury Vale | 48.57 |
| Babergh | 55.60 |
| Barking | 100.28 |
| Barnet | 100.28 |
| Barnsley | 32.46 |
| Barrow-in-Furness | 46.47 |
| Basildon | 51.67 |
| Basingstoke and Deane | 51.57 |
| Bassetlaw | 32.03 |
| Bath | 46.33 |
| Berwick-upon-Tweed | 27.89 |
| Beverley | 32.04 |
| Bexley | 100.28 |
| Birmingham | 43.88 |
| Blaby | 27.83 |
| Blackburn | 49.08 |
| Blackpool | 38.75 |
| BlythValley | 34.46 |
| Bolsover | 32.88 |
| Bolton | 36.14 |
| Boothferry | 34.52 |
| Boston | 36.94 |
| Bournemouth | 61.86 |
| Bracknell Forest | 47.52 |
| Bradford | 40.77 |
| Braintree | 48.95 |
| Breckland | 44.53 |
| Brent | 100.28 |
| Brentwood | 64.03 |
| Bridgnorth | 41.55 |
| Brighton | 52.42 |
| Bristol | 42.70 |
| Broadland | 34.65 |
| Bromley | 100.28 |
| Bromsgrove | 35.66 |
| Broxbourne | 61.76 |
| Broxtowe | 39.20 |
| Burnley | 38.57 |
| Bury | 32.88 |
| Calderdale | 39.20 |
| Cambridge | 46.59 |
| Camden | 100.28 |
| Cannock Chase | 38.22 |
| Canterbury | 64.04 |
| Caradon | 41.66 |
| Carlisle | 38.63 |
| Carrick | 42.11 |
| Castle Morpeth | 39.92 |
| Castle Point | 54.99 |
| Charnwood | 34.47 |
| Chelmsford | 47.96 |
| Cheltenham | 47.37 |
| Cherwell | 47.07 |
| Chester | 35.22 |
| Chesterfield | 32.37 |
| Chester-le-Street | 38.03 |
| Chichester | 55.28 |
| Chiltern | 52.67 |
| Chorley | 32.66 |
| Christchurch | 45.57 |
| City of London | 100.28 |
| Cleethorpes | 35.85 |
| Colchester | 46.40 |
| Congleton | 31.16 |
| Copeland | 40.77 |
| Corby | 34.15 |
| Cotswold | 58.48 |
| Coventry | 42.02 |
| Craven | 41.19 |
| Crawley | 52.08 |
| Crewe and Nantwich | 33.33 |
| Croydon | 100.28 |
| Dacorum | 46.20 |
| Darlington | 32.27 |
| Dartford | 55.56 |
| Daventry | 39.04 |
| Derby | 35.48 |
| Derbyshire Dales | 34.63 |
| Derwentside | 42.80 |
| Doncaster | 32.36 |
| Dover | 62.47 |
| Dudley | 38.70 |
| Durham | 35.15 |
| Ealing | 100.28 |
| Easington | 37.97 |
| East Cambridgeshire | 45.45 |
| East Devon | 40.50 |
| East Dorset | 67.06 |
| East Hampshire | 51.50 |
| East Hertfordshire | 57.32 |
| East Lindsey | 42.93 |
| East Northamptonshire | 39.69 |
| East Staffordshire | 38.31 |
| East Yorkshire | 36.53 |
| Eastbourne | 47.92 |
| Eastleigh | 47.34 |
| Eden | 38.70 |
| Ellesmere Port and Neston | 25.43 |
| Elmbridge | 61.25 |
| Enfield | 100.28 |
| Epping Forest | 54.83 |
| Epsom and Ewell | 56.43 |
| Erewash | 33.99 |
| Exeter | 39.06 |
| Fareham | 47.37 |
| Fenland | 40.40 |
| Forest Heath | 45.80 |
| Forest of Dean | 45.20 |
| Fylde | 37.80 |
| Gateshead | 37.50 |
| Gedling | 33.65 |
| Gillingham | 47.63 |
| Glanford | 27.95 |
| Gloucester | 50.53 |
| Gosport | 49.29 |
| Gravesham | 55.18 |
| Great Grimsby | 36.62 |
| Great Yarmouth | 39.55 |
| Greenwich | 100.28 |
| Guildford | 59.25 |
| Hackney | 100.28 |
| Halton | 38.04 |
| Hambleton | 39.21 |
| Hammersmith | 100.28 |
| Harborough | 43.80 |
| Haringey | 100.28 |
| Harlow | 45.23 |
| Harrogate | 41.53 |
| Harrow | 100.28 |
| Hart | 52.49 |
| Hartlepool | 40.47 |
| Hastings | 45.50 |
| Havant | 55.40 |
| Havering | 100.28 |
| Hereford | 36.66 |
| Hertsmere | 55.82 |
| High Peak | 38.28 |
| Hillingdon | 100.28 |
| Hinckley and Bosworth | 39.66 |
| Holderness | 35.78 |
| Horsham | 59.76 |
| Hounslow | 100.28 |
| Hove | 47.20 |
| Huntingdonshire | 43.62 |
| Hyndburn | 46.82 |
| Ipswich | 45.43 |
| Isles of Scilly | 50.54 |
| Islington | 100.28 |
| Kennet | 47.57 |
| Kensington and Chelsea | 100.28 |
| Kerrier | 42.60 |
| Kettering | 40.84 |
| Kings Lynn and West Norfolk | 39.20 |
| Kingston upon Hull | 36.30 |
| Kingston upon Thames | 100.28 |
| Kingswood | 41.38 |
| Kirklees | 38.34 |
| Knowsley | 45.39 |
| Lambeth | 100.28 |
| Lancaster | 38.42 |
| Langbaurgh-on-Tees | 39.98 |
| Leeds | 29.85 |
| Leicester | 45.53 |
| Leominster | 38.13 |
| Lewes | 47.30 |
| Lewisham | 100.28 |
| Lichfield | 32.54 |
| Lincoln | 36.60 |
| Liverpool | 40.94 |
| Luton | 48.87 |
| Macclesfield | 32.80 |
| Maidstone | 47.57 |
| Maldon | 50.55 |
| Malvern Hills | 47.80 |
| Manchester | 44.66 |
| Mansfield | 36.18 |
| Medina | 52.80 |
| Melton | 36.44 |
| Mendip | 46.02 |
| Merton | 100.28 |
| Mid Bedfordshire | 43.17 |
| Mid Devon | 43.49 |
| Mid Suffolk | 44.07 |
| Mid Sussex | 52.80 |
| Middlesbrough | 46.65 |
| Milton Keynes | 40.84 |
| Mole Valley | 46.86 |
| New Forest | 61.34 |
| Newark and Sherwood | 34.84 |
| Newbury | 45.13 |
| Newcastle upon Tyne | 41.24 |
| Newcastle-under-Lyme | 28.28 |
| Newham | 100.28 |
| North Bedfordshire | 55.37 |
| North Cornwall | 43.96 |
| North Devon | 45.93 |
| North Dorset | 49.20 |
| North East Derbyshire | 32.93 |
| North Hertfordshire | 53.91 |
| North Kesteven | 42.37 |
| North Norfolk | 40.74 |
| North Shropshire | 35.42 |
| North Tyneside | 31.19 |
| North Warwickshire | 34.54 |
| North West Leicestershire | 35.69 |
| North Wiltshire | 46.50 |
| Northampton | 41.07 |
| Northavon | 57.75 |
| Northwich | 42.24 |
| Nottingham | 39.99 |
| Nuneaton and Bedworth | 36.96 |
| Oadby and Wigston | 38.20 |
| Oldham | 38.72 |
| Oswestry | 35.90 |
| Oxford | 47.85 |
| Pendle | 41.93 |
| Penwith | 43.23 |
| Peterborough | 42.51 |
| Plymouth | 38.74 |
| Poole | 51.94 |
| Portsmouth | 49.04 |
| Preston | 44.88 |
| Purbeck | 52.45 |
| Reading | 53.31 |
| Redbridge | 100.28 |
| Redditch | 38.80 |
| Reigate and Banstead | 62.13 |
| Restormel | 38.41 |
| Ribble Valley | 36.51 |
| Richmond upon Thames | 100.28 |
| Richmondshire | 43.24 |
| Rochdale | 40.16 |
| Rochester upon Medway | 52.80 |
| Rochford | 52.04 |
| Rossendale | 42.59 |
| Rother | 49.70 |
| Rotherham | 24.84 |
| Rugby | 41.58 |
| Runnymede | 64.44 |
| Rushcliffe | 37.24 |
| Rushmoor | 51.74 |
| Rutland | 43.32 |
| Ryedale | 34.37 |
| Salford | 38.67 |
| Salisbury | 51.51 |
| Sandwell | 46.35 |
| Scarborough | 38.34 |
| Scunthorpe | 34.89 |
| Sedgefield | 35.94 |
| Sedgemoor | 42.68 |
| Sefton | 39.42 |
| Selby | 37.73 |
| Sevenoaks | 34.10 |
| Sheffield | 38.24 |
| Shepway | 48.96 |
| Shrewsbury and Atcham | 36.82 |
| Slough | 53.43 |
| Solihull | 44.42 |
| South Bedfordshire | 50.97 |
| South Bucks | 47.66 |
| South Cambridgeshire | 49.77 |
| South Derbyshire | 37.03 |
| South Hams | 55.61 |
| South Herefordshire | 40.11 |
| South Holland | 38.24 |
| South Kesteven | 40.94 |
| South Lakeland | 42.36 |
| South Norfolk | 45.68 |
| South Northamptonshire | 45.24 |
| South Oxfordshire | 59.55 |
| South Ribble | 36.36 |
| South Shropshire | 41.32 |
| South Somerset | 42.65 |
| South Staffordshire | 39.54 |
| South Tyneside | 30.36 |
| South Wight | 59.69 |
| Southampton | 45.88 |
| Southend-on-Sea | 58.96 |
| Southwark | 100.28 |
| Spelthorne | 68.20 |
| St Albans | 59.85 |
| St Edmundsbury | 41.85 |
| St Helens | 39.77 |
| Stafford | 37.05 |
| Staffordshire Moorlands | 31.71 |
| Stevenage | 47.06 |
| Stockport | 37.44 |
| Stockton-on-Tees | 39.60 |
| Stoke-on-Trent | 37.77 |
| Stratford-on-Avon | 45.44 |
| Stroud | 45.81 |
| Suffolk Coastal | 42.39 |
| Sunderland | 29.00 |
| Surrey Heath | 49.25 |
| Sutton | 100.28 |
| Swale | 43.47 |
| Tameside | 37.26 |
| Tamworth | 47.21 |
| Tandridge | 47.33 |
| Taunton Deane | 39.58 |
| Teesdale | 30.86 |
| Teignbridge | 47.80 |
| Tendring | 47.49 |
| Test Valley | 54.52 |
| Tewkesbury | 48.46 |
| Thamesdown | 38.99 |
| Thanet | 46.66 |
| The Wrekin | 42.72 |
| Three Rivers | 51.56 |
| Thurrock | 51.07 |
| Tonbridge and Malling | 46.76 |
| Torbay | 56.42 |
| Torridge | 44.08 |
| Tower Hamlets | 100.28 |
| Trafford | 36.75 |
| Tunbridge Wells | 57.95 |
| Tynedale | 29.49 |
| Uttlesford | 51.06 |
| Vale of White Horse | 45.71 |
| Vale Royal | 32.23 |
| Wakefield | 32.13 |
| Walsall | 37.83 |
| Waltham Forest | 100.28 |
| Wandsworth | 100.28 |
| Wansbeck | 34.67 |
| Wansdyke | 45.57 |
| Warrington | 31.65 |
| Warwick | 43.62 |
| Watford | 47.07 |
| Waveney | 38.02 |
| Waverley | 58.79 |
| Wealden | 50.39 |
| Wear Valley | 39.45 |
| Wellingborough | 38.44 |
| Welwyn Hatfield | 46.91 |
| West Devon | 41.46 |
| West Dorset | 51.27 |
| West Lancashire | 37.49 |
| West Lindsey | 35.43 |
| West Oxfordshire | 46.79 |
| West Somerset | 44.74 |
| West Wiltshire | 50.18 |
| Westminster | 100.28 |
| Weymouth and Portland | 45.09 |
| Wigan | 34.32 |
| Winchester | 52.41 |
| Windsor and Maidenhead | 51.81 |
| Wirral | 41.51 |
| Woking | 59.25 |
| Wokingham | 57.18 |
| Wolverhampton | 40.70 |
| Woodspring | 45.64 |
| Worcester | 40.54 |
| Worthing | 53.41 |
| Wychavon | 42.69 |
| Wycombe | 48.30 |
| Wyre | 36.09 |
| Wyre Forest | 40.90 |
| York | 39.27 |
| SCOTLAND | |
| Aberdeen | 34.21 |
| Angus | 29.06 |
| Annandale and Eskdale | 39.30 |
| Argyll and Bute | 38.93 |
| Badenoch and Strathspey | 31.06 |
| Banff and Buchan | 35.20 |
| Bearsden and Milngavie | 40.63 |
| Berwickshire | 34.52 |
| Caithness | 36.61 |
| Clackmannan | 39.22 |
| Clydebank | 45.01 |
| Clydesdale | 34.24 |
| Cumbernauld and Kilsyth | 34.68 |
| Cumnock and Doon Valley | 33.52 |
| Cunninghame | 33.33 |
| Dumbarton | 42.66 |
| Dundee City | 47.53 |
| Dunfermline | 34.71 |
| East Kilbride | 37.32 |
| East Lothian | 36.37 |
| Eastwood | 30.42 |
| Edinburgh | 47.39 |
| Ettrick and Lauderdale | 31.22 |
| Falkirk | 32.55 |
| Glasgow City | 44.75 |
| Gordon | 38.78 |
| Hamilton | 35.37 |
| Inverclyde | 36.65 |
| Inverness | 39.56 |
| Kilmarnock and Loudoun | 31.62 |
| Kincardine and Deeside | 31.40 |
| Kirkcaldy | 37.24 |
| Kyle and Carrick | 33.26 |
| Lochaber | 38.84 |
| Midlothian | 26.33 |
| Monklands | 36.94 |
| Moray | 34.53 |
| Motherwell | 32.58 |
| Nairn | 39.36 |
| Nithsdale | 34.68 |
| North East Fife | 37.78 |
| Orkney Islands | 41.30 |
| Perth and Kinross | 32.42 |
| Renfrew | 33.78 |
| Ross and Cromarty | 41.36 |
| Roxburgh | 41.39 |
| Shetland Islands | 39.79 |
| Skye and Lochalsh | 39.63 |
| Stewartry | 40.26 |
| Stirling | 38.05 |
| Strathkelvin | 35.50 |
| Sutherland | 38.46 |
| Tweeddale | 29.57 |
| West Lothian | 31.63 |
| Western Isles | 48.02 |
| Wigtown | 38.70 |
| WALES | |
| Aberconwy | 41.25 |
| Alyn and Deeside | 36.18 |
| Arfon | 38.91 |
| Blaenau Gwent | 45.50 |
| Brecknock | 40.31 |
| Cardiff | 46.85 |
| Carmarthen | 41.67 |
| Ceredigion | 43.38 |
| Colwyn | 39.11 |
| Cynon Valley | 41.42 |
| Delyn | 39.69 |
| Dinefwr | 35.31 |
| Dwyfor | 39.78 |
| Glyndwr | 38.37 |
| Islwyn | 44.49 |
| Llanelli | 43.19 |
| Lliw Valley | 41.24 |
| Meirionnydd | 40.88 |
| Merthyr Tydfil | 37.58 |
| Monmouth | 47.09 |
| Montgomeryshire | 44.34 |
| Neath | 42.53 |
| Newport | 48.51 |
| Ogwr | 40.76 |
| Port Talbot | 45.95 |
| Preseli Pembrokeshire | 40.52 |
| Radnorshire | 46.01 |
| Rhondda | 45.12 |
| Rhuddlan | 36.05 |
| Rhymney Valley | 47.04 |
| South Pembrokeshire | 43.14 |
| Swansea | 44.76 |
| Taff Ely | 42.66 |
| Torfaen | 51.59 |
| Vale of Glamorgan | 42.74 |
| Wrexham Maelor | 35.25 |
| Ynys Mon | 41.75 |
SCHEDULE 8 — PRESCRIBED CASELOAD AND CLAIMS FIGURES
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