The Housing Benefit and Community Charge Benefit (Subsidy) Order 1993

Signed

Signed by authority of the Secretary of State for Social Security.

Ann Widdecombe — Parliamentary Under-Secretary of State, — Department of Social Security — 4th March 1993

We consent,

Irvine Patnick — Tim Kirkhope — Two of the Lords Commissioners of Her Majesty’s Treasury — 4th March 1993

Explanatory note

(This note is not part of the Order)

This Order makes provision for the calculation of housing benefit and community charge benefit subsidy payable under the Social Security Administration Act 1992 to authorities administering housing benefit and community charge benefit.

It sets out in Part II the manner in which the total figure for an authority’s housing benefit subsidy in respect of rent rebates and allowances for the year ending 31st March 1993 is calculated (articles 3(a) and 4 to 11 and Schedules 3, 5, 6 and 7), and the manner of calculating the additional sum payable to an authority in respect of the costs of administering housing benefit (article 3(b) and Schedules 1, 2, 8, 9 and 10).

The Order also makes provision for additions and deductions to subsidy in respect of rent rebates or allowances (articles 4(3), 12, 13 and 14 and Schedule 4) and for the modification of the provisions for subsidy in respect of payments of housing benefit in excess of entitlement, made under section 32 of the Social Security and Housing Benefits Act 1982 and discovered in the relevant year (article 15).

In addition, the Order sets out in Part III the manner in which the total figure for the appropriate authority’s subsidy in respect of community charge benefit for the year ending 31st March 1993 is calculated (articles 17(a) and 18 to 20), and the manner of calculating the additional sum payable to an appropriate authority in respect of the costs of administering community charge benefit (article 17(b) and Schedules 2, 8, 9 and 10) and makes provision for additions and deductions to subsidy in respect of community charge benefit (articles 18(2), 21, 22 and 23 and Schedule 4).

Footnotes

[^f00001]: See section 189(8) of the Social Security Administration Act 1992 (c. 5).

[^f00002]: 1992 c. 5.

[^f00003]: S.I. 1991/587.

[^f00004]: S.I. 1992/739.

[^f00005]: 1982 c. 24.

[^f00006]: S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1445, 2022 and 1989/1678.

[^f00007]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

[^f00008]: 1986 c. 50; section 30(1A) was inserted by regulation 5(b) of S.I. 1988/1483. It was only payable in respect of Scotland in 1988/89.

[^f00009]: See the definition of “relevant benefit” in section 135(3) of the Act.

[^f00010]: 1992 c. 4.

[^f00011]: S.I. 1987/1971, amended by S.I. 1988/661, 909, 1444, 1843, 1971, 1989/43, 416, 566, 1017, 1322, 1990/546, 671, 1549, 1657, 1775, 2564, 1991/235, 1599, 2910, 1992/50, 201, 432, 1026, 1101, 1326, 1585 and 2148.

[^f00012]: S.I. 1990/428, amended by S.I. 1991/426.

[^f00013]: S.I. 1990/396, amended by S.I. 1991/533.

[^f00014]: S.I. 1988/1890, amended by S.I. 1989/43, 361, 972 and 1990/127.

[^f00015]: Section 134(8) allows modifications of the housing benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension.

[^f00016]: S.I. 1989/1322.

[^f00017]: Regulation 10(1) was amended by S.I. 1988/1971.

[^f00018]: 1987 c. 26.

[^f00019]: 1977 c. 42.

[^f00020]: 1984 c. 58.

[^f00021]: 1988 c. 50.

[^f00022]: 1988 c. 43.

[^f00023]: Paragraph 7(2) of Schedule 1 was amended by S.I. 1991/426.

[^f00024]: 1980 c. 51; sections 56 to 58 were partially repealed by section 140 of, and Schedule 18 to, the Housing Act 1988.

[^f00025]: 1988 c. 50.

[^f00026]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546.

[^f00027]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

[^f00028]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546; and paragraph 2 was amended by S.I. 1991/235.

[^f00029]: Article 5(2) was amended by regulation 2 of S.I. 1991/426 in the case of England and Wales and by regulation 2 of S.I. 1991/533 in the case of Scotland.

[^f00030]: 1948 c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23, paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule, and the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part 1; the Supplementary Benefits Act 1976 (c. 71), Schedule 7, paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 2(1) and Schedule 5, Part II; the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a) and the Social Security Act 1986 (c. 50), section 86 and Schedule 10, Part II, paragraph 32. Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49), Schedule 9, Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b).

[^f00031]: 1977 c. 49; paragraphs 1 and 2 of Schedule 8 were amended by section 30 and Schedule 10, Part I of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41); paragraph 1 was also amended by the Education Reform Act 1988 (c. 40) section 237 and Schedule 12, Part I, paragraph 22; paragraph 2 was also amended by section 148, Schedule 4 of the Mental Health Act 1983 (c. 20).

[^f00032]: 1968 c. 49.

[^f00033]: 1985 c. 68.

[^f00034]: 1987 c. 26.

[^f00035]: S.I. 1989/1322.

[^f00036]: Regulation 66 was amended by S.I. 1988/1971 and 1989/1322.

[^f00037]: 1987 c. 47. Section 9A was inserted by section 143 of the Local Government and Housing Act 1989 (c. 42), and is preserved by section 118 of the Local Government Finance Act 1992 (c. 14).

[^f00038]: 1972 c. 70; section 137 was amended by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), section 44; the Local Government Finance Act 1982 (c. 32), section 34, Schedule 5, paragraph 5, the Local Government Act 1986 (c. 10), section 3 and by the Local Government and Housing Act 1989 (c. 42), section 194, Schedule 12.

[^f00039]: S.I. 1989/607.

[^f00040]: S.I. 1990/785.

[^f00041]: S.I. 1989/1322.

[^f00042]: S.I. 1985/677.

[^f00043]: S.I. 1989/1321, amended by S.I. 1990/834, 835, 1549, 1657, 1773, 1991/234, 849, 1599, 2742, 2910, 1992/432, 1026, 1101, 1326, 1585 and 2148.

[^f00044]: Section 139(6) allows modifications of the community charge benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension.

[^f00045]: Regulation 54 was amended by S.I. 1990/1773.

[^f00046]: Regulation 83 was amended by S.I. 1990/834 and 1991/849.

[^f00047]: Regulation 58 was amended by S.I. 1990/834.

[^f00048]: Regulation 66 was amended by S.I. 1988/1971 and 1989/1322.

[^f00049]: Regulation 54 was amended by S.I. 1990/1773.

[^f00050]: See Schedule 5 paragraph 8.

[^f00051]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

[^f00052]: Regulation 68 was amended by S.I. 1990/546.

[^f00053]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546.

[^f00054]: Paragraph 3(2) of Schedule 1 was amended by S.I. 1991/426.

[^f00055]: Paragraph 1A of Schedule 1 was inserted by S.I. 1988/1444 and amended by S.I. 1989/416 and 1990/2910.