The Housing Benefit (Permitted Totals) Order 1994

Made: 7th March 1994

Laid before Parliament: 10th March 1994

Coming into force: 1st April 1994

The Secretary of State for Social Security, in exercise of powers conferred on him by sections 134(12) and 189(1) and (3) to (6) of the Social Security Administration Act 1992[^f00001], and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[^f00002], hereby makes the following Order:

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Housing Benefit (Permitted Totals) Order 1994 and shall come into force on 1st April 1994.

• (2) In this Order—

• “housing benefit” means rent rebate or rent allowance as the circumstances may require;

• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987[^f00003];

• “increase in housing benefit” means the difference between— the amount of housing benefit granted in a case in which an authority makes a determination under regulation 61(2) of the Housing Benefit Regulations (increase in the appropriate maximum housing benefit)[^f00004], and the amount of housing benefit which would have been granted in that case if the authority had not made a determination under the said regulation 61(2).

Permitted totals of benefit

2

For the purpose of section 134(11) of the Social Security Administration Act 1992, the permitted total of rebates or allowances for any year commencing on or after 1st April 1994 in relation to an authority shall be the amount obtained by deducting 100% of any increases in housing benefit in cases in which that authority has during that year made a determination under regulation 61(2) of the Housing Benefit Regulations from the total housing benefit granted by that authority during that year and multiplying the resulting figure by 100.1%.

Transitional

3

For the year commencing on 1st April 1994 article 2 shall apply as if after the words “deducting 100% of” there were inserted the words “any increases in the amount of housing benefit granted during the period from 1st to 3rd April 1994 by that authority under regulation 69(8) of the Housing Benefit Regulations (increase in benefit in exceptional circumstances)[^f00005] and of”.

Revocation

4

The Housing Benefit (Permitted Totals) Order 1990[^f00006] is hereby revoked.

Signed

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

Alistair Burt — Parliamentary Under-Secretary of State, — 7th March 1994

Explanatory note

(This note is not part of the Order)

This Order sets out the basis for calculating the permitted total of rent rebates or rent allowances for any year for authorities granting housing benefit under Part VIII of the Social Security Administration Act 1992, and limits the amount by which the housing benefit payments may be increased on account of payments to claimants whose circumstances are exceptional.

Footnotes

[^f00001]: 1992 c. 5.

[^f00002]: See section 176(1)(b) of the Social Security Administration Act 1992.

[^f00004]: Regulation 61(2) was added by S.I.1994/578.

[^f00005]: Regulation 69(8) was omitted by S.I.1994/578.