The Housing Benefit and Council tax Benefit (Subsidy) Order 1995

Type Statutory-Instrument
Publication 1995-03-23
State In force
Department Queen's Printer of Acts of Parliament
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articles Not indexed
Reform history JSON API
  • “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 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 authority shall be that percentage in column 2 of the Table in paragraph 5, opposite the percentage calculated for that authority in column I of that Table.

4

The percentage referred to in article 16(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 TABLES

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 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 ISPAYABLE ON RENT ALLOWANCESTABLE

(1) (2)
Area Threshold (Weekly Sum)
£
>ENGLAND
Avon 88.48
Barking 97.98
Barnet 145.67
Bedfordshire 83.98
Berkshire 109.89
Bexley 117.94
Brent 117.41
Bromley 121.90
Buckinghamshire 97.32
Cambridgeshire 71.43
Camden 154.25
Cheshire 84.05
City of London 301.89
Cleveland 73.95
Cornwall 88.41
Croydon 142.79
Cumbria 48.47
Derbyshire 64.87
Devon 86.59
Dorset 83.35
Durham 63.32
Baling 129.52
Enfield 108.46
Essex 110.99
Gloucestershire 75.47
Greater Manchester 89.50
Greenwich 126.28
Hackney 112.08
Hammersmith and Fulham 126.79
Hampshire 104.85
Haringey 125.48
Harrow 134.31
Havering 108.73
Hereford and Worcester 72.81
Hertfordshire 94.44
Hillingdon 121.71
Hounslow 129.31
Humberside 63.71
Isle of Wight 94.10
Islington 125.21
Kensington and Chelsea 149.29
Kent 119.44
Kingston Upon Thames 129.64
Lambeth 107.92
Lancashire 99.30
Leicestershire 61.44
Lewisham 102.65
Lincolnshire 59.78
Merseyside 75.87
Metton 124.08
Midlands (West) 63.38
Newham 95.05
Norfolk 75.70
Northamptonshire 64.70
Northurn-berland 60.74
Nottinghamshire 69.39
Oxfordshire 121.89
Redbridge 124.10
Richmond upon Thames 144.18
Shropshire 68.64
Somerset 77.21
Southwark 119.92
Staffordshire 60.75
Suffolk 72.20
Surrey 122.08
Sussex (East) 121.69
Sussex (West) 113.68
Sutton 123.69
Tower Hamlets 125.49
Tyne and Wear 62.00
Waltham Forest 97.56
Wandsworth 128.64
Warwickshire 61.05
Westminster 178.70
Wiltshire 83.80
Yorkshire (North) 67.09
Yorkshire (South) 58.87
Yorkshire (West) 62.62
WALES
Clwyd 59.76
Dyfed 68.48
Glamorgan (Mid) 64.99
Glamorgan (South) 75.81
Glamorgan (West) 62.75
Gwent 70.60
Gwynedd 55.44
Powys 69.55
SCOTLAND
Borders Region 106.46
Central 105.45
Dumfries 95.43
Fife 99.36
Grampian 90.47
Highlands and Western Islands 78.14
Lothian 91.49
Other Islands 76.72
Strathclyde 93.60
Tayside 99.29

SCHEDULE 6 — RENT OFFICERS' DETERMINATIONS

Calculation of the appropriate amount

1

Subject to paragraph 6, the appropriate amount, in a case to which paragraph (2), (3) or (4) of article 8 applies, shall be calculated in accordance with paragraph 2, 3 or 4 as appropriate.

Rent officers' determination

2

Where the rent officer determines a property-specific rent and does not make a determination under paragraph 2 of Schedule 1 to the Rent Officers Order, and the amount of eligible rent does not exceed the property-specific 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 eligible rent.

3

Where the rent officer determines a property-specific rent, and does not make a determination under paragraph 2 of Schedule 1 to the Rent Officers Order, and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, in respect of the period beginning with the relevant date and ending with the termination date—

  • (a) where the allowance granted is the same as or is less than the excess—
  • (i) except in a case to which paragraph 5 applies, paragraph 6 shall apply to any such allowance;
  • (ii) where paragraph 5 applies, the appropriate amount shall be 60 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
  • (b) where the allowance granted is greater than the excess the appropriate amount shall be—
  • (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, 60 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

  • (1) Where the rent officer makes a determination under paragraph 2 of Schedule 1 to the Rent Officers Order that the dwelling exceeds the size criteria for its occupiers and he determines both a property-specific rent for that dwelling and a size-related rent, 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) Where the eligible rent does not exceed the relevant rent, less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the eligible rent.
  • (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 does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the housing benefit qualifying expenditure attributable to the eligible rent.
  • (4) 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 property-specific rent less ineligible amounts—
  • (a) where the allowance is the same as or is less than the excess—
  • (i) except in a case to which paragraph 5 applies, paragraph 6 shall apply to any such allowance;
  • (ii) where paragraph 5 applies, the appropriate amount shall be 60 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
  • (b) where the allowance granted is greater than the excess the appropriate amount shall be—
  • (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, 60 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.

  • (5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the relevant rent less ineligible amounts—
  • (a) where the allowance granted is the same as or is less than the excess—
  • (i) except in a case to which paragraph 5 applies, paragraph 6 shall apply to any such allowance;
  • (ii) where paragraph 5 applies, the appropriate amount shall be 60 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
  • (b) where the allowance granted is greater than the excess the appropriate amount shall be—
  • (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, 60 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 been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A)(a), (4) or 12(2)(b) of the Housing Benefit Regulations (restrictions on unreasonable rents or on rent increases).

Deductions in respect of allowances

6

Subject to article 11(4), in a case to which this paragraph applies any such allowance shah be deducted from housing benefit qualifying expenditure, pursuant to article 2(2)(b).

Relevant date

7

For the purposes of this Schedule—

  • (a) in a case where a claim for rent allowance is made on or after 1st April 1994, the relevant ' date is the date on which entitlement to benefit commences;
  • (b) in a case where—
  • (i) on 1st April 1994 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 1994; 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 1994, the relevant date will be 13 weeks after the relevant date determined under the 1994 Order[^f00048];
  • (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[^f00049] 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 Regulation[^f00050] (date on which change of circumstances is to take effect) 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 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 relevant 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 relevant 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;
  • (e) in a case where the rent officer has made a re-determination under paragraph I of Schedule 3 to the Rent Offtcers Order, the relevant date is—
  • (i) if the relevant rent 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 relevant rent 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

8

For the purposes of this Schedule “termination date” means—

  • (a) 31st March 1995; 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 paragraph 7(a); or
  • (c) the date on which the allowance ceases to be paid in respect of the tenancy,

whichever is earlier.

Apportionment

9

For the purposes of this Schedule where more than one person is liable to make payments in respect of a dwelling the relevant rent, shall be apportioned on the same basis as such payments are apportioned under regulation 10(S) of the Housing Benefit Regulations (rent).

Interpretation

10

In this Schedule, unless the context otherwise requires—

  • “ineligible amounts” means— where— the rent determination was made before 1st April 1994 or, in the case of a re-determination, the original rent determination was made before 1st April 1994 any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Offtcers Order[^f00051] 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 1994, 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 l[^f00052] to the Housing Benefit Regulations (amount ineligible for meals); where the dwelling is a hostel within the meaning of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent offtcers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations[^f00053] (ineligible service charges), other than under sub-paragraphs (d) to (f) of that paragraph;
  • “property-specific rent” means the rent determined by a rent officer under paragraph l(2) of Schedule 1 to the Rent Officers Order, except in a case where a rent officer has made a rent determination under paragraph 2A(3)[^f00054] of that Schedule, when it shall be the latter determination;
  • “relevant rent” means— in a case where the rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two, or in a case where the rent oficer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;
  • “size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Offkers Order, and other expressions used in this Schedule and in the Rent Offkers Order have be same meanings in this Schedule as they have in that Order.

SCHEDULE 7 — AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED

(1) (2)
Area Threshold (Weekly Sum)
£
ENGLAND
Adur 60.57
Allerdale 43.89
Alnwick 41.99
Amber Valley 41.36
Arun 67.83
Ashfield 36.44
Ashford 75.26
Aylesbury Vale 59.12
Babergh 61.17
Barking and Dagenham 120.95
Barnet 120.95
Barnsley 37.47
Barrow-in-Fumess 52.62
Basildon 59.49
Basingstoke and Deane 68.40
Bassetlaw 41.55
Bath 57.95
Bedford 46.37
Berwick-upon-Tweed 33.50
Beverley 38.75
Bexley 120.95
Birmingham 52.52
Blaby 38.18
Blackburn 55.22
Blackpool 44.78
Blyth Valley 39.75
Bolsover 38.25
Bolton 43.37
Boothferry 37.58
Boston 46.62
Bournemouth 63.79
Bracknell Forest 55.31
Bradford 45.81
Braintree 60.03
Breckland 56.81
Brent 120.95
Brentwood 67.64
Bridgnorth 51.45
Brighton 62.84
Bristol 52.61
Broadland 34.08
Bromley 120.95
Bromsgrove 45.66
Broxboume 72.90
Broxtowe 44.12
Bumley 50.73
Bury 42.06
Calderdale 44.07
Cambridge 56.43
Camden 120.95
Cannock Chase 49.7 1
Canterbury 67.67
Caradon 52.73
Carlisle 46.35
Canick 47.69
Castle Morpeth 41.49
Castle Point 75.12
Charnwood 45.11
Chelmsford 61.20
Cheltenham 61.37
Cherwell 60.30
Chester 42.5 1
Chesterfield 38.17
Chester-le-Street 43.68
Chichester 61.53
Chiltern 56.81
Chorley 38.37
Christchurch 55.56
City of London 120.95
Cleethorpes 42.5 1
Colchester 59.00
Congleton 42.5 1
Copeland 43.64
Corby 43.53
Cotswold 63.81
Coventry 47.49
Craven 51.77
Crawley 58.46
Crewe and Nantwich 43.64
Croydon 120.95
Dacorum 56.87
Darlington 42.45
Dartford 65.64
Daventry 47.06
Derby 45.53
Derbyshire Dales 44.22
Derwentside 50.87
Doncaster 37.68
Dover 73.25
Dudley 48.74
Durham 44.06
Ealing 120.95
Easington 50.70
East Cambridgeshire 56.81
East Devon 49.73
East Dorset 71.64
Fast Hampshire 59.67
East Hertfordshire 64.26
East Lindsey 48.42
Fast Northamptonshire 50.16
East Staffordshire 41.67
East Yorkshire 44.01
Eastbourne 56.11
Eastleigh 58.76
Eden 51.18
Ellesmere Port and Neston 33.74
Elmbridge 70.88
Enfield 120.95
Epping Forest 64.08
Epsom and Ewe11 67.94
Erewash 41.37
Exeter 48.60
Fareham 59.33
Fenland 52.18
Forest Heath 54.24
Forest of Dean 55.14
Fylde 41.54
Gateshead 45.23
Gedling 40.76
Gillingham 58.68
Glanford 38.28
Gloucester 60.40
Gosport 63.02
Gravesham 64.04
Great Grimsby 41.06
Great Yarmouth 44.15
Greenwich 120.95
Guildford 70.35
Hackney 120.95
Halton 42.53
Hambleton 44.33
Hammersmith and Fulham 120.95
Harborough 55.88
Haringey 120.95
Harlow 54.00
Harrogate 52.62
Harrow 120.95
Hart 59.01
Hartlepool 48.63
Hastings 58.18
Havant 65.86
Havering 120.95
Hereford 45.77
Hertsmere 65.10
High Peak 43.88
Hillingdon 120.95
Hinckley and Bosworth 48.33
Holdemess 41.86
Horsham 73.53
Hounslow 120.95
Hove 58.04
Huntingdonshire 52.47
Hyndbum 52.77
Ipswich 48.24
Isles of Scilly 63.96
Islington 120.95
Kennet 63.84
Kensington and Chelsea 120.95
Kenier 50.87
Kettering 47.79
Kings Lynn and West Norfolk 46.93
Kingston upon Hull 42.48
Kingston upon Thames 120.95
Kingswood 50.07
Kirklees 48.42
Knowsley 51.96
Lambeth 120.95
Lancaster 45.20
Langbaurgh-on-Tees 54.39
Leeds 37.50
Leicester 45.98
Leominster 54.21
Lewes 60.68
Lewisham 120.95
Lichfield 48.05
Lincoln 41.49
Liverpool 41.84
Luton 53.90
Macclesfield 46.85
Maidstone 58.62
Maldon 68.63
Malvern Hills 56.67
Manchester 55.68
Mansfield 44.70
Medina 49.50
Melton 44.45
Mendip 59.12
Merton 120.95
Mid Bedfordshire 50.96
Mid Devon 52.50
Mid Suffolk 55.77
Mid Sussex 48.20
Middlesbrough 54.90
Milton Keynes 53.48
Mole Valley 56.91
New Forest 63.68
Newark and Sherwood 43.11
Newbury 56.91
Newcastle-upon-Tyne 48.47
Newcastle-under-Lyme 37.13
Newham 120.95
North Cornwall 54.84
North Devon 66.78
North Dorset 57.62
North East Derbyshire 38.22
North Hertfordshire 62.78
North Kesteven 49.24
North Norfolk 50.88
North Shropshire 45.99
North Tyneside 36.72
North Warwickshire 42.68
North West Leicestershire 43.05
North Wiltshire 55.11
Northampton 51.68
Northavon 67.14
Norwich 48.69
Nottingham 47.07
Nuneaton and Bedworth 40.10
Oadby and Wigston 41.10
Oldham 44.30
Oswestry 43.43
Oxford 57.00
Pendle 49.19
Penwith 57.48
Peterborough 50.95
Plymouth 47.75
Poole 59.16
Portsmouth 54.47
Preston 51.90
Purbeck 62.66
Reading 71.42
Redbridge 120.95
Redditch 50.39
Reigate and Banstead 77.24
Restormel 52.78
Ribble Valley 40.16
Richmond upon Thames 120.95
Richmondshire 56.10
Rochdale 49.08
Rochester upon Medway 62.49
Rochford 56.82
Rossendale 46.56
Rother 62.24
Rotherham 32.9 1
Rugby 49.38
Runnymede 74.39
Rushcliffe 47.19
Rushmoor 62.57
RutIand 56.70
Ryedale 41.07
Salford 48.53
Salisbury 65.94
Sandwell 54.65
Scarborough 49.17
Scunthorpe 42.87
Sedgefield 43.29
Sedgemoor 59.57
Sefton 48.87
Selby 45.45
Sevenoaks 62.49
Sheffield 42.14
Shepway 56.30
Shrewsbury and Atcham 45.99
Slough 65.79
Solihull 52.70
South Bedfordshire 59.16
South Bucks 50.00
South Cambridgeshire 55.62
South Derbyshire 44.93
South Hams 65.87
South Herefordshire 50.85
South Holland 47.48
South Kesteven 46.57
South Lakeland 48.93
South Norfolk 54.65
South Northamptonshire 53.25
South Oxfordshire 62.43
South Ribble 46.35
South Shropshire 49.34
South Somerset 58.01
South staffordshire 50.85
South Tyneside 36.09
South Wight 62.49
Southampton 55.02
Southend-on-Sea 69.05
Southwark 120.95
Spelthorne 77.73
St Albans 62.12
St Edmundsbury 52.98
St Helens 49.62
Stafford 43.07
Staffordshire Moorlands 43.01
Stevenage 57.62
Stockport 41.88
Stockton-on-Tees 41.48
Stoke-on-Trent 46.11
Stratford-on-Avon 51.83
Stroud 53.73
Suffolk Coastal 55.94
Sunderland 37.83
Surrey Heath 62.49
Sutton 120.95
Swale 51.79
Tameside 49.22
Tamworth 54.99
Tandridge 60.69
Taunton Deane 49.71
Teesdale 40.02
Teignbridge 54.90
Tendring 60.60
Test Valley 64.35
Tewkesbury 53.05
Thamesdown 50.09
Thanet 56.85
The Wrekin 54.53
Three Rivers 61.76
Thurrock 61.56
Tonbridge and Malling 50.66
Torbay 62.46
Torridge 47.21
Tower Hamlets 120.95
Trafford 45.19
Tunbridge Wells 89.10
Tynedale 44.46
Uttlesford 63.29
Vale of White Horse 54.86
Vale Royal 45.35
Wakefield 39.23
Walsall 47.04
Waltham Forest 120.95
Wandsworth 120.95
Wansbeck 39.98
Wansdyke 54.89
Warrington 39.95
Warwick 55.50
Watford 57.95
Waveney 48.44
Waverley 68.85
Wealden 50.22
Wear Valley 48.29
Wellingborough 44.64
Welwyn Hatfield 56.94
West Devon 52.95
West Dorset 60.00
West Lancashire 42.56
West Lindsey 43.17
West Oxfordshire 53.82
West Somerset 56.5 1
west Wiltshire 61.95
Westminster 120.95
Weymouth and Portland 49.19
Wigan 40.22
Winchester 62.82
Windsor and Maidenhead 72.98
Wirral 49.71
Woking 71.90
Wokingham 70.97
Wolverhampton 47.81
Woodspring 64.05
Worcester 49.50
Wortbing 61.30
Wychavon 52.49
Wycombe 65.55
Wyre 42.48
Wyre forest 50.69
York 48.63
WALES
Aberconway 46.59
Alyn and Deeside 42.44
Arfon 48.92
Blaenau Gwent 51.47
Brecknock 45.70
Cardiff 56.30
Carmarthen 50.29
Ceredigion 51.20
Colwyn 45.80
Cynon Valley 46.47
Delyn 47.43
Dinefwr 39.11
Dwyfor 43.92
Glyndwr 42.45
Islwyn 54.12
Llanelli 54.23
Lliw Valle;y; 45.00
Meirionnydd 47.83
Merthyr Tydfil 48.53
Monmouth 57.93
Montgomeryshire 50.39
Neath 49.44
Newport 56.62
Ogwr 50.83
Port Talbot 51.37
Preseli Pembrokeshire 46.43
Radnorshire 54.57
Rhondda 50.82
Rhuddlan 44.18
Rhymney Vally 54.38
South Pembrokeshire 50.30
Swansea 48.90
Taff Ely 52.04
Torfaen 63.23
Vale of Glamorgan 57.95
Wrexham Maelor 42.67
Ynys Mon 46.41
SCOTLAND
Aberdeen 33.95
Angus 29.73
Annandale and Eskdale 44.26
Argyll and Bute 46.26
Badenock and Strathspey 42.21
Banff and Buchan 36.49
Bearsden and Milagavie 45.05
Berwickshire 37.17
Caithness 42.74
Clackmannan 39.74
Clydebank 44.19
Clydesdale 37.14
Cumbernauld and Kilsyth 40.37
Cumnock and Doon Valley 38.35
Cunninghame 38.28
Dumbarton 47.09
Dundee 50.49
Dunfermline 39.24
East Kilbride 39.65
East Lothian 36.21
Eastwood 34.22
Edinburgh 50.60
Ettrick and Lauderdale 33.22
Falkirk 36.06
Glasgow 48.48
Gordon 42.60
Hamilton 39.99
Inverclyde 40.85
Inverness 45.82
Kilmarnock and Loudoun 32.81
Kincardine and Deeside 40.37
Kirkcaldy 41.30
Kyle and Carrick 41.39
Lochaber 46.98
Midlothian 28.55
Monklands 40.42
Moray 38.43
Motherwell 36.90
Naim 42.87
Nithsdale 40.42
North East Fife 38.59
Orkney Islands 43.46
Perth and Kinross 36.13
Renfrew 38.45
Ross and Cromarty 48.81
Roxburgh 43.50
Shetland Islands 46.88
Skye and Lochalsh 50.03
Stewartry 44.73
Stirling 45.89
Strathkelvin 39.54
Sutherland 47.39
Tweeddale 35.34
West Lothian 33.50
Western Isles 52.57
Wigtown 46.20

SCHEDULE 8 — BENEFIT SAVINGS

PART I — GENERAL INTERPRETATION

1

  • (1) The additions to or deductions from, as the case may be, housing benefit subsidy or council tax subsidy referred to in articles 13 and 21 shall be calculated in accordance with this Schedule.
  • (2) In this Schedule, unless the context otherwise requires—
  • A is equal to (B + C) × 32;
  • B is the total sum of housing benefit savings made by a relevant authority;
  • C is the total sum of housing benefit related savings made by a relevant authority;
  • D is equal to (E + F) × 32;
  • E is the total sum of council tax benefit savings made by a relevant authority;
  • F is the total sum of council tax benefit related savings made by a relevant authority;
  • G, in the case of a relevant authority, is the figure prescribed in column (2) of the Table in Part IV for that authority;
  • H is 0.75 of the value of G;
  • I is 0.5 of the value of G;
  • J is 0.25 of the value of G:
  • “authorised person” means an officer of a relevant authority; or an employee of a relevant authority’s contractor, where that individual has been designated by that authority for the investigation of fraud;
  • “council tax benefit savings” means any amount which would have been allowed by way of council tax benefit to a claimant during a benefit week, but for the investigation and intervention of one or more authorised persons, and which would, had that amount been allowed as council tax benefit, have been fraudulent excess benefit, within the meaning of article 18(7), or in a case where only a proportion of that non-allowance was due to that investigation and intervention the amount shall be that proportion;
  • “council tax benefit related savings” means— where council tax benefit savings have been established and that investigation has also led to a determination by an adjudication officer that no relevant benefit, or less relevant benefit is payable, any amount of relevant benefit is payable, that would, but for that investigation and consequent determination, have been paid to that claimant in a payment week; and in a case where the council tax benefit savings were less than the total council tax benefit not allowed, the council tax benefit related savings shall be an amount determined by applying to the total of relevant benefit not paid a percentage equal to the percentage which those council tax benefit savings bear to the total council tax benefit not allowed. except that in neither case shall it include any amount which has been included in the housing benefit related savings for that authority;
  • “housing benefit savings” means any amount which would have been paid by way of housing benefit to a claimant during a benefit week, but for the investigation and intervention of one or more authorised persons, and which would, had that amount been paid as housing benefit, have been a fraudulent overpayment, within the meaning of article 10(S), or, in a case where only a proportion of that non-payment was due to that investigation and intervention, the amount shall be that proportion;
  • “housing benefit related savings” means— where housing benefit savings under this Schedule have been established and that investigation has also led to a determination by an adjudication officer that no relevant benefit or less relevant benefit is payable, any amount of relevant benefit that would, but for that investigation and consequent determination, have been paid to that claimant in a payment week; and in a case where the housing benefit savings were less than the total housing benefit not paid, the housing benefit related savings shall be an amount determined by applying to the total of relevant benefit not paid a percentage equal to the percentage which those housing benefit savings bear to the total housing benefit not paid;
  • “a payment week” means— in the case of income support, a benefit week within the meaning prescribed therefor in regulation 2(1) of the Income Support (General) Regulations 1987[^f00055]; in the case of invalidity benefit, severe disablement allowance or sickness benefit, the week in advance in which such benefit is to be paid pursuant to regulation 24(1) of the Social Security (Claims and Payments) Regulations 1987[^f00056] or, in a case where that regulation does not apply, would be so paid if that regulation did apply; in the case of retirement pension, the week in arrears in which such benefit is to be paid pursuant to regulation 22(1) of the Social Security (Claims and Payments) Regulations 1987[^f00057] or, in a case where that regulation does not apply, would be so paid if that regulation did apply; “a relevant authority” is an authority identified in column (1) of the Table in Part IV, and
  • “relevant benefit” means income support, invalidity benefit, retirement pension, severe disablement allowance or sickness benefit, in a case where a claimant who is in receipt of housing benefit or council tax benefit, as the case may be, is also in receipt of income support.

PART II — HOUSING BENEFIT SAVINGS

Addition to housing benefit subsidy

2

  • (1) Subject to sub-paragraph (2) below, in the case of a relevant authority where the savings which are the sum of (A + D) are greater than H, the addition for that authority shall be 10 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - H } × A ( A + D )$

.

  • (2) In the case of an authority where the savings which are the sum of (A + D) are greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1) above plus 10 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - G } × A ( A + D )$

.

3

In the case of a relevant authority where the savings which are the sum of (A + D) do not exceed H, but do exceed I, there shall be no addition or deduction under this Part for that authority.

Deduction from housing benefit subsidy

4

  • (1) Subject to sub-paragraphs (2) and (3) below, in the case of a relevant authority where the savings which are the sum of (A + D) are less than I, the deduction for that authority shall be 20 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - I } × A A + D )$

.

  • (2) Subject to sub-paragraph (3) below, in the case of an authority where the savings which are the sum of (A + D) are less than J, the deduction for that authority shall be the sum calculated for that authority in sub-paragraph (1) above together with a further amount of 30 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - J } × A A + D )$

.

  • (3) In a case where the value of G for a relevant authority is less than E60,000, there shall be no deduction for that authority.

PART III — COUNCIL TAX BENEFIT SAVINGS

Council tax benefit savings

5

  • (1) Subject to sub-paragraph (2) below, in the case of an authority where the savings which are the sum of (A + D) are greater than H, the addition for that authority shall be 10 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - H } × D ( A + D )$

.

  • (2) In the case of an authority where the savings which are the sum of (A + D) are greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1) above plus 10 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - G } × D ( A + D )$

.

6

In the case of an authority where the savings which are the sum of (A + D) do not exceed H, but do exceed I, there shall be no addition or deduction under this Part for that authority.

Deduction from council tax benefit subsidy

7

  • (1) Subject to sub-paragraphs (2) and (3) below, in the case of an authority where the savings which are the sum of (A + D) are less than I. the deduction for that authority shall be 20 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - I } × D ( A + D )$

.

  • (2) Subject to sub-paragraph (3) below, in the case of an authority where the savings which are the sum of (A + D) are less than J, the deduction for that authority shall be the amount calculated for that authority in sub-paragraph (1) above, together with a further amount of 30 per cent. of the sum calculated by applying the following formula—

${ ( A + D ) - J } × D ( A + D )$

.

  • (3) In a case where the value of G for a relevant authority is less than £60,000, there shall be no deduction for that authority.

PART IV — TABLE

8

The Table referred to in this Schedule is as follows:

Authority Prescribed Figure (£)
ENGLAND ENGLAND
Adur 97,802
Allerdale 113,789
Alnwick 38,906
Amber Valley 115,075
Arun 212,055
Ashfield 81,786
Ashford 120,242
Aylesbury Vale 104,908
Babergh 89,192
Barking and Dagenham 216,822
Bamet 532,090
Barnsley 309,524
Barrow-in-Fumess 117,541
Basildon 141,740
Basingstoke and Deane 209,955
Bassetlaw 118,232
Bath 218,950
Bedford 183,118
Berwick-upon-Tweed 19,384
Beverley 57,438
Bexley 297,263
Birmingham 2,268,814
Blaby 29,076
Blackburn 233,934
Blackpool 429,863
Blyth Valley 129,418
Bolsover 80,837
Bolton 375,760
Boothfeny 69,986
Boston 66,102
Bournemouth 499,623
Bracknell Forest 134,693
Bradford 915,452
Braintree 172,410
Breckland 127,097
Brent 1,063,596
Brentwood 61,494
Bridgnorth 33.98 1
Brighton 414,194
Bristol 769,979
Broadland 102,648
Bromley 372,388
Bromsgrove 56,186
Broxboume 78,439
Broxtowe 122,403
Bumley 160,079
Bury 168,768
Calderdale 302,508
Cambridge 212,493
Camden 1,044,989
Cannock Chase 90,959
Canterbury 211,160
Caradon 120,106
Carlisle 139,904
Carrick 172,911
Castle Morpeth 37,523
Castle Point 64,824
Charnwood 121,238
Chelmsford 168,041
Cheltenham 133,684
Cherwell 182,318
Chester 163,644
Chester-le-Street 57,260
Chesterfield 158,374
Chichester 156,945
Chiltern 91,370
Chorley 83,246
Christchurch 44,411
City of London 24,727
Cleethorpes 102,815
Colchester 197,811
Congleton 56,942
Copeland 76,034
Corby 64,938
Cotswold 116,570
Coventry 552,053
Craven 51,365
Crawley 148,919
Crewe and Nantwich 112,007
Croydon 861,293
Dacomm 188,159
Darlington 177,210
Dartford 126,518
Daventry 57,275
Derby 430,25 1
Derbyshire Dales 35,685
Derwentside 155,376
Doncaster 404,045
Dover 218,561
Dudley 464,55 1
Durham 102,920
Ealing 954,749
Easington 148,211
East Cambridgeshire 47,873
East Devon 170,789
East Dorset 89,383
East Hampshire 124,635
East Hertfordshire 77,776
East Lindsey 173,672
East Northamptonshire 73,456
East Staffordshire 94,007
East Yorkshire 173,163
Eastbourne 170,883
Eastleigh 85,115
Eden 40,782
Ellesmere Port and Elmbridge 68,960
Elmbridge 183,812
Enfield 622,37 1
Epping Forest 171,443
Epsom and Ewe11 67,534
Erewash 98.85 1
Exeter 238,539
Fareham 58,020
Fenland 132,185
Forest Heath 65,409
Forest of Dean 64,266
Fylde 58,251
Gateshead 421,322
Gedling 90,813
Gillingham 178,991
Glanford 58,544
Gloucester 166,044
Gosport 120,675
Gravesham 120,326
Great Grimsby 200,394
Great Yarmouth 199,865
Greenwich 623,716
Guildford 185,412
Hackney 1,366,545
Halton 190,315
Hambleton 53,353
Hammersmith and Fulham 958,547
Harborough 57,777
Haringey 1444,949
Harlow 176,988
Harrogate 182,232
Harrow 323,518
Hart 62,699
Hartlepool 257,127
Hastings 229,936
Havant 164,525
Havering 274,548
Hereford 111,669
Hertsmere 81,971
High Peak 108,357
Hillingdon 356,486
Hinckley and Bosworth 73,382
Holdemess 52,401
Horsham 137,784
Hounslow 47 1,472
Hove 317,128
Huntingdonshire 156,857
Hyndbum 136,399
Ipswich 282,911
Isles of Scilly 1,076
Islington 894,037
Kennet 76,605
Kensington and Chelsea 743,840
Kerrier 162,501
Kettering 103,387
Kingston upon Hull 638,702
Kingston upon Thames 239,604
Kingswcod 93,743
Kirklees 493,658
Knowsley 383,205
Lambeth 1,214,512
Lancaster 271,141
Langbaurgh-on-Tees 268,456
Leeds 1,268,991
Leicester 636,255
Leominster 28,307
Lewes 152,570
Lewisham 857.951
Lichfield 78,870
Lincoln 156,255
Liverpool 1,611.694
Luton 275,088
Macclesfield 95,453
Maidstone 110,802
Maldon 42,470
Malvern Hills 80,455
Manchester 2,149,231
Mansfield 190,625
Medina 165,190
Melton 27,364
Mendip 132,644
Merton 350,537
Mid Bedfordshire 97,673
Mid Devon 95,493
Mid Suffolk 76,590
Mid Sussex 114,180
Middlesbrough 399,407
Milton Keynes 257,300
Mole Valley 55,087
New Forest 205,161
Newark and Sherwood 126,121
Newbury 161,774
Newcastle-upon-Tyne 921,788
Newcastle-under-Lyme 113,084
Newham 1,000,649
North Cornwall 115,142
North Devon 192,390
North Dorset 39,307
North East Derbyshire 74,519
North Hertfordshire 202,467
North Kesteven 65,891
North Norfolk 116,926
North Shropshire 58,384
North Tyneside 314,297
North Warwickshire 43,727
North West Leicestershire 58,522
North Wiltshire 114,974
Northampton 311,715
Notthavon 124,503
Norwich 309,956
Nottingham 734,623
Nuneaton and Bedworth 157,283
Oadby and Wigston 24,923
Oldham 442,231
Oswestry 32,678
Oxford 333,677
Pendle 118,943
Penwith 164,886
Peterborough 257,255
Plymouth 526,926
Poole 225,310
Portsmouth 575,546
Preston 244,710
Purbeck 54,132
Reading 372,932
Redbridge 589,683
Redditch 112,962
Reigate and Banstead 156,644
Restormel 161,643
Ribble Valley 19,724
Richmond upon Thames 342,874
Richmondshire 37,481
Rochdale 332,026
Rochester upon Medway 276,869
Rochford 87,206
Rossendale 86,755
Rother 127,071
Rotherham 367,215
Rugby 109,576
Runnymede 99,248
Rushcliffe 69,362
Rushmoor 125,898
Rutland 25,247
Ryedale 89,231
Salford 561,959
Salisbury 175,131
Sandwell 681,180
Scarborough 178,303
Scunthorpe 119,462
Sedgefield 127,281
Sedgemoor 174,628
Sefton 394.981
Selby 47,161
Sevenoaks 151,949
Sheffield 1,150,043
Shepway 147,967
Shrewsbury and Atcham 105,534
Slough 229,166
Solihull 235,660
South Bedfordshire 145,106
South Bucks 62,079
South Cambridgeshire 68,568
South Derbyshire 48,531
South Hams 112,350
South Herefordshire 34,463
South Holland 60,143
South Kesteven 130,769
South Lakeland 98,169
South Norfolk 92,343
South Northamptonshire 46,059
South Oxfordshire 106,758
South Ribble 82,801
South Shropshire 39,073
South Somerset 181,854
South Staffordshire 80,957
South Tyneside 290,495
South Wight 134,951
Southampton 480,072
Southend-on-Sea 415,819
Southwark 845,988
Spelthome 79,068
St Albans 159,435
St Edmundsbury 111,648
St Helens 279,635
Stafford 72,308
Staffordshire Moorlands 54,679
Stevenage 126,093
Stockport 281,760
Stockton-on-Tees 311,547
Stoke-on-Trent 387,275
Stratford-on-Avon 102,948
Stroud 100,316
Suffolk Coastal 84,688
Sunderland 474,891
Surrey Heath 84,062
Sutton 273,114
Swale 163,494
Tameside 424,579
Tamworth 77,205
Tandridge 64,336
Taunton Deane 158,787
Teesdale 15,063
Teignbridge 180,986
Tendring 225,189
Test Valley 84,189
Tewkesbury 53,87 1
Thamesdown 248,216
Thanet 334,002
The Wrekin 197,213
Three Rivers 66,131
Thurrock 220,53 1
Tonbridge and Malling 102,024
Tot-bay 335,420
Tot-ridge 109,468
Tower Hamlets 744,136
Trafford 288,357
Tunbridge Wells 187,365
Tynedale 34,013
Uttlesford 71,267
Vale of White Horse 71,351
Vale Royal 71,005
Wakefield 413,849
Walsall 430,564
Waltham Forest 807,166
Wandsworth 927.7 16
Wansbeck 67,100
Wansdyke 83,583
Warrington 200,498
Warwick 170,943
Watford 105,954
Waveney 248,840
Waverley 145,061
Wealden 87,293
Wear Valley 119,709
Wellingborough 88,123
Welwyn Hatfield 140,161
West Devon 43,757
West Dorset 85,662
West Lancashire 133,105
West Lindsey 51,978
West Norfolk 117,853
West Oxfordshire 111,467
West Somerset 77,88 1
West Wiltshire 113,512
Westminster 1,184.162
Weymouth and Portland 169,174
Wigan 387,006
Winchester 137,065
Windsor and Maidenhead 156,601
Wirral 652,171
Woking 70,876
Wokingham 115,039
Wolverhampton 537,909
Woodspring 3 19,723
Worcester 95,479
Worthing 221,780
Wychavon 103,039
Wycombe 186,135
Wyre 104,019
Wyre Forest 115,405
York 168,103
WALES WALES
Aberconwy 97,395
Alyn and Deeside 53,388
Arfon 60,187
Blaenau Gwent 108,808
Brecknock 44,437
Cardiff 659,647
Carmarthen 75,718
Ceredigion 99,512
Colwyn 102,314
Cynon Valley 108,280
Delyn 83,848
Dinefwr 43,5 10
Dwyfor 30,43 1
Glyndwr 30,517
Islwyn 64,420
Llanelli 94,574
Lliw Valley 87,88 1
Meirionnydd 25,940
Merthyr Tydfil 89,74 1
Monmouth 79,173
Montgomeryshire 35,456
Neath 97,623
Newport 278,669
Ogwr 165,326
Port Talbot 67,794
Preseli Pembrokeshire 101,051
Radnorshire 19,496
Rhondda 139,982
Rhuddlan 82,604
Rhymney Valley 160,911
South Pembrokeshire 64,568
Swansea 401,294
Taff-Ely 121,499
Torfaen 151,606
Vale of Glamorgan 196,850
Wrexham Maelor 121,729
Ynys Mon 124.049
SCOTLAND SCOTLAND
Aberdeen 165,996
Angus 73,380
Annandale and Eskdale 26,171
Argyll and Bute 64,453
Badenoch and Strathspey 13,487
Banff and Buchan 55,796
Bearsden and Milngavie 10,175
Berwickshire 19,874
Borders 12,203
Caithness 19,778
Central 58,359
Clackmannan 46,069
Clydebank 69,401
Clydesdale 42,444
Cumbernauld and Kilsyth 43,516
Cumnock and Doon Valley 41,618
Cunninghame 123,905
Dumbarton 74,782
Dumfries and Galloway 21,303
Dundee 346,847
Dunfermline 135,419
East Kilbride 14.310
East Lothian 91,863
Eastwood 21,587
Edinburgh 761,813
Ettrick and Lauderdale 23,955
Falkirk 133,527
Fife 68,197
Glasgow 2JO4.993
Gordon 29,522
Grampian 43,412
Hamilton 95,510
Highland 30,594
Inverclyde 110,061
Inverness 50,519
Kilmarnock and Loudoun 88,052
Kincardine and Deeside 14,524
Kirkcaldy 190,740
Kyle and Carrick 95,042
Lochaber 22,123
Lothian 133,849
Midlothian 42,188
Monklands 115,054
Moray 47,879
Motherwell 144,087
Naim 6,747
Nitbsdale 43,883
North East Fife 54,317
Orkney Islands 18,898
Perth and Kinross 112,152
Renfrew 195,419
Ross and Cromarty 45,398
Roxburgh 43,760
Shetland Islands 12,034
Skye and Lochalsh 14,538
Stewartry 15,297
Stirling 87,435
Strathclyde 629,557
Strathkelvin 41,194
Sutherland 9,462
Tayside 74,952
Tweedale 10,240
West Lothian 84,707
Western Isles 23,625
Wigtown 39,002
DEVELOPMENT CORPORATIONS DEVELOPMENT CORPORATIONS
Cumbernauld (DC) 26,629
East Kilbride (DC) 44,276
Glenrotbes (DC) 28,965
Irvine (DC) 17,231
Livingston (DC) 33,559
Rural Wales 4,256
Scottish Homes 315,889

SCHEDULE 9 — PRESCRIBED CASELOAD AND CLAIMS FIGURES

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