The Housing Benefit and Council Tax Benefit (Subsidy) Order 1994

SCHEDULE 11 — PRESCRIBED FIGURES FOR THE CALCULATION OF THE BONUS AMOUNTS

Signed

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

Alistair Burt — Parliamentary Under-Secretary of State, — 1st March 1994

We consent,

T. J. R. Wood — Nicholas Baker — Two of the Lords Commissioners of Her Majesty’s Treasury — 3rd March 1994

Explanatory note

(This note is not part of the Order)

This Order makes provision for the calculation of housing benefit and council tax benefit subsidy payable under the Social Security Administration Act 1992 to authorities administering housing benefit or council tax 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 1994 is calculated (articles 3(a) and 4 to 9 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, 10 and 11).

The Order also makes provision for additions and deductions to subsidy in respect of rent rebates or allowances (articles 4(3), 10, 11 and 12 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 13).

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 council tax benefit for the year ending 31st March 1994 is calculated (articles 15(a), 16 and 17), and the manner of calculating the additional sum payable to an appropriate authority in respect of the costs of administering council tax benefit (article 15(b) and Schedules 2, 8, 9, 10 and 11) and makes provision for additions and deductions to subsidy in respect of community charge and council tax benefits (articles 16(2), 18, 19 and 20 and Schedule 4).

This Order does not impose a charge on businesses.

Footnotes

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

[^f00002]: 1992 c. 5.Section 140 was amended by section 103 of and Schedule 9 to the Local Government Finance Act 1992 (c. 14), but the section as originally enacted continues in force in relation to community charge benefit subsidy by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and Transitional Order 1993 (S.I. 1993/232).

[^f00006]: 1982 c. 24.

[^f00007]: S.I.1987/1967; relevant amending instruments are S.I.1988/663, 1445, 2022, 1989/1678, 1992/3147 and 1993/2119.

[^f00008]: Regulation 12A was inserted by regulation 5 of S.I.1990/546 and amended by S.I.1993/317.

[^f00009]: 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.

[^f00010]: See the definition of “relevant benefit” in section 135(3) of the Social Security Administration Act 1992.

[^f00011]: 1992 c. 4.

[^f00012]: 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, 2148, 3147, 1993/317, 518, 963, 1150, 1249, 1540 and 2118.

[^f00013]: S.I.1990/428, amended by S.I. 1991/426.

[^f00014]: S.I.1990/396, amended by S.I. 1991/533.

[^f00015]: Section 134(8) allows modification 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]: Regulation 10(1) was amended by S.I.1988/1971.

[^f00017]: 1987 c. 26.

[^f00018]: 197 c.42.

[^f00019]: 1984 c. 58.

[^f00020]: 1988 c. 50.

[^f00021]: 1988 c. 43.

[^f00022]: Paragraph 7(2) of Schedule 1 was amended by S.I.1991/426.

[^f00023]: 1980 c. 51; sections 56 to 58 were partially repealed by section 140 of, and Schedule 18 to, the Housing Act 1988.

[^f00024]: 1988 c. 50.

[^f00025]: Schedule 1A was inserted by regulation 13 of S.I.1990/546.

[^f00026]: Regulation 12A was inserted by regulation 5 of S.I.1990/546 and amended by S.I. 1993/317.

[^f00027]: Schedule 1A was inserted by regulation 13 of S.I.1990/546; and paragraph 2 was amended by S.I. 1991/235, 1993/2325, 317 and 1249.

[^f00028]: 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.

[^f00029]: 1985 c. 68.

[^f00030]: 1987 c. 26.

[^f00031]: Regulation 75 was amended by S.I.1990/546.

[^f00032]: Regulation 66 was amended by S.I.1988/1971 and 1989/1322.

[^f00033]: 1972 c. 70; section 137 was amended by the Local Government (Miscellaneous Provisions) Act 1982 (c. 3), 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.

[^f00037]: S.I.1988/1890, amended by S.I.1989/43, 361, 972 and 1990/127.

[^f00039]: Section 139 was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 20.

[^f00040]: Section 140 was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21, but the section as originally enacted contains in force by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and Transitional Order 1993 (S.I. 1993/232).

[^f00041]: S.I.1989/1321, amended by S.I.1990/834, 835, 1549, 1657, 1773, 1991/234, 849, 1599, 2742, 2910, 1992/432, 1026, 1101, 326, 1385, 2148 and 1993/1105.

[^f00042]: S.I.1992/1814, amended by S.I.1993/349, 688, 963, 1150, 1249, 1540 and 2118.

[^f00043]: Section 139(6) allows modification of the council tax benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension; it was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 20.

[^f00044]: Section 140(2) was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21(2).

[^f00045]: Section 140(5) was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21(5).

[^f00046]: Regulation 58 was amended by S.I.1990/834.

[^f00047]: S.I.1987/1967; the definition of “benefit week” was added by S.I. 1988/1445.

[^f00048]: Section 140(5) was amended by paragraph 21(5) of Schedule 9 to the Local Government Finance Act 1992.

[^f00049]: S.I.1987/1967; the definition of “benefit week” was added by S.I. 1988/1445.

[^f00050]: Regulation 66 was amended by S.I.1988/1971 and 1989/1322.

[^f00051]: Regulation 54 was amended by S.I.1990/1773.

[^f00052]: Regulation 11 was amended by S.I.1989/566, 1990/546, 1991/235. (aaa) Regulation 12 was amended by S.I.1989/566. (bbb) See Schedule 6, paragraph 8. (ccc) Regulation 12A was inserted by regulation 5 of S.I.1990/546; and paragraph 8 was amended by S.I.1993/317. (ddd) Regulation 68 was amended by S.I.1990/546 and 1992/432. (eee) Paragraph 3(2) of Schedule 1 was amended by S.I.1991/426. (fff) Paragraph 1A of Schedule 1 was inserted by S.I.1988/1444 and amended by S.I.1989/416, 1990/2910 and 1993/349. (ggg) Paragraph 1 was amended by S.I.1988/1444 and 1991/1599.

[^f00053]: Regulation 12 was amended by S.I. 1989/566, 1990/546,1991/235.

[^f00054]: See Schedule 6, paragraph 8.

[^f00055]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546; and paragraph 8 was amended by S.I. 1993/317.

[^f00056]: Regulation 68 was amended by S.I. 1990/546 and 1992/432.

[^f00057]: Paragraph 3(2) of Schedule 1 was amended by S.I. 1991/426.