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

Signed

Signed by authority of the Secretary of State for Social Security. 23rd March 1995

Roger Evans — Parliamentary Under-Secretary of State,

We consent,

Timothy Wood — Derek Conway — Two of the Lords Commissioners of Her Majesty’s Treasury — 23rd March 1995

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 Act1992 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 ending31 March1995 is calculated (articles 3(a) and 4, 5, 7 and 8 and Schedules 3, 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. 9.10 and 11).

The Order also makes provision for additions and deductions to subsidy in respect of rent rebates or allowances (articles4(3), 6, 9, 10, 11, 12 and 13 and Schedules 4, 5 and 8).

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 31 March 1995 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 1, 2, 9, 10 and 11) and makes provision for additions and deductions to subsidy in respect of community charge benefits and council tax benefits (articles 16(2), 18, 19, 20 and 21 and Schedules 4 and 8).

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140 was amended by section 103 of and Schedule 9 to the Local Government Finance Act 1992 (c. 14), but the section as originally enacted continues in force in relation to community charge benefit subsidy by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and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).

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

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

[^f00005]: S.I. 1993/935.

[^f00006]: S.I. 1994/523.

[^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]: 1968 c. 16.

[^f00010]: 1968 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.

[^f00011]: See the definition of “relevant benefit” in section 135(3) of the Social Security Administratiom Act 1992.

[^f00012]: 1992 c. 4.

[^f00013]: 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, 2118, 1994/470, 578, 1003, 2137 and 3061.

[^f00014]: S.I. 1990/428, amended by S.I. 1991/426, 1993/652, 1994/568 and 3040.

[^f00015]: S.I. 1990/396, amended by S.I. 1991/533, 1993/646, 1994/582 and 3108.

[^f00016]: 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.

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

[^f00018]: 1977 c. 42.

[^f00019]: 1984 c. 58.

[^f00020]: 1988 c. 50.

[^f00021]: 1988 c. 43.

[^f00022]: 1951 c. 51; sections 56 to 58 were partially repealed by section 140 of, and Schedule 18 to, the Housing Act 1988.

[^f00023]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546.

[^f00024]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546 and amended by S.I. 1993/317.

[^f00025]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546; and paragraph 2 was amended by S.I. 1991/235, 1993/317 and 1249.

[^f00026]: Article 5(2) was amended by S.I. 1991/426 in the case of England and Wales and by S.I. 1991/533 in the case of Scotland.

[^f00027]: 1985 c. 68.

[^f00028]: 1987 c. 26.

[^f00029]: Regulaltion 75 was amended by S.I. 1990/546.

[^f00030]: Regulation 66 was amended by S.I. 1988/1971 and 1989/1322

[^f00031]: 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.

[^f00032]: 1973 c. 65; section 83 was amended by the Local Government and Planning (Scotland) Act 1982 (c. 43) sections 6 and 50; the Rating and Valuation Amendment (Scotland) Act 1987 (c. 31), section 9; the Local Government Act 1986 (c. 10), section 3; the Abolition of Domestic Rates (Scotland) Act 1987 (c. 47), Schedule 1, paragraph 27; and by the Local Government and Housing Act 1989 (c. 42), section 36(9).

[^f00033]: Regulation 61(2) was inserted by S.I. 1994/578.

[^f00034]: S.I. 1989/607.

[^f00035]: S.I. 1990/785.

[^f00036]: S.I. 1989/1322.

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

[^f00038]: Section 139 was amended by the Local Government Finance act 1992, Schedule 9, paragraph 20.

[^f00039]: Section 140 was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21, but the section as originally enacted continues in force by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and Transitional Order 1993 (S.I. 1993/232).

[^f00040]: 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, 1385, 2148 and 1993/1105.

[^f00041]: S.I. 1992/1814, amended by S.I. 1993/349, 688, 963, 1150, 1249, 1540, 2118, 1994/470, 578, 1925, 2137 and 3061. 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.

[^f00042]: Section 140(2) was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21(2).

[^f00043]: Section 140(5) was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 21(5).

[^f00044]: Regulation 58 was amended by S.I. 1990/834.

[^f00045]: Regulation 60 was deleted and regulations 51(5) and 54(4) added by S.I. 1994/2137 as from 3/10/94.

[^f00046]: Section 140(5) was amended by paragraph 21(5) of Schedule 9 to the Local Government Finance Act 1992.

[^f00047]: Regulation 66 was amended by S.I. 1988/1971 and 1989/1322.

[^f00048]: Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566.

[^f00049]: Paragraph (2) was added by regulation 3(b) of S.I. 1989/566.

[^f00050]: See Schedule 6, paragraph 7.

[^f00051]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546 and paragraph 8 was amended by S.I. 1993/317.

[^f00052]: Paragraph 3(2) of Schedule 1 as amended by S.I. 1991/426 and 1994/568 in the case of England and Wales and by S.I. 1991/533 and 1994/582 in the case of Scotland.

[^f00053]: Paragraph 1A of Schedule 1 was inserted by S.I. 1988/1444 and amended by S.I. 1989/416, 1990/2910, 1993/349 and 1994/542.

[^f00054]: Paragraph 1 was amended by S.I. 1988/1444, 1991/1599 and 1994/1003.

[^f00055]: S.I. 1987/1967; the definition of “benefit week” was added by S.I. 1988/1445.

[^f00056]: S.I. 1987/1968.

[^f00057]: The relevant amendment is S.I. 1991/2741.