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The Income-related Benefits (Subsidy to Authorities) Order 1998

Type Statutory-Instrument

Publication 1998-03-04

Last updated 2025-11-04

State In force

Department King's Printer of Acts of Parliament

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Made: 4th March 1998

Laid before Parliament: 10th March 1998

Coming into force: 31st March 1998

The Secretary of State for Social Security, with the consent of the Treasury, in exercise of the powers conferred upon her by sections 140B, 140C(1), (2) and (4), 140E and 189(1) and (4) to (7) of the Social Security Administration Act 1992, section 122(4) of and paragraph 5 of Schedule 12 to the Housing Act 1996 and of all other powers enabling her in that behalf, after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992, with organisations appearing to her to be representative of the authorities concerned, hereby makes the following Order:

PART I — GENERAL

Citation, commencement and interpretation

1

(1) This Order, which may be cited as the Income-related Benefits (Subsidy to Authorities) Order 1998, shall come into force on 31st March 1998 and shall have effect in relation to any relevant year.

(2) In this Order, unless the context otherwise requires —

“the Act" means the Social Security Administration Act 1992;

“authority" means a billing, housing or, as the case may be, local authority;

“a 1997 authority" means a successor authority, whose reorganisation date was 1st April 1997;

“a 1998 authority" means a successor authority, whose reorganisation date was 1st April 1998;

“new authority" meansin England, a successor authority, whose reorganisation date was 1st April 1996;in Wales, an authority constituted under sections 20 and 21 of the Local Government Act 1972 , andin Scotland, an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

“the English Regulations" means the Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995 ;

“the previous Orders" means the 1989 Order, the 1990 Order, the 1991 Order, the 1992 Order, the 1993 Order, the 1994 Order, the 1995 Order, the 1996 Order and the 1997 Order;

“following year" means the year following the relevant year;

“relevant year" means the year, commencing on 1st April 1997 or on the 1st April in any year thereafter, in respect of which a claim for subsidy is made;

“the 1989 Order" means the Housing Benefit (Subsidy) Order 1989 ;

“the 1990 Order" means the Housing Benefit (Subsidy) Order 1990 ;

“the 1991 Order" means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 ;

“the 1992 Order" means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 ;

“the 1993 Order" means the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 ;

“the 1994 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 ;

“the 1995 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 ;

“the 1996 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 , and

“the 1997 Order" means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 .

(3) In paragraph (2), “successor authority" and “reorganisation date" have the same meanings as in regulation 2(1) of the English Regulations.

(4) In this Order, unless the context otherwise requires, a reference—

(a) to a numbered Part in this Order or a Schedule to this Order, is to the Part in this Order, or that Schedule, as the case may be, bearing that number;

(b) to a numbered article in or Schedule to this Order, is to the article in or Schedule to this Order, as the case may be, bearing that number;

(c) in an article or a Schedule to a lettered or numbered paragraph is to the paragraph bearing that letter or number in that article or that Schedule; and

(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.

PART II — CLAIMS FOR AND PAYMENT OF SUBSIDY

Interpretation of Parts II and IV

2

In this Part and also in Part IV, unless the context otherwise requires—

“claim" means an initial claim, mid-year claim or a final claim, as the case may be;

“claim form" means the form supplied by the Secretary of State pursuant to article 4(2)(a), (b) or (c) ..., as the case may be;

“electronic communication” has the same meaning as in section 15(1) of the Electronic Communications Act 2000

“final claim" means a claim for subsidy pursuant to article 4(2)(c);

“final subsidy" means any subsidy which is not interim subsidy or an amount paid, withheld or deducted pursuant to article 8A;

“HBAP” means the Housing Benefit Assurance Process published by the Department for Work and Pensions on 29th March 2017 and last updated on 28th April 2025;

“initial claim" means a claim for subsidy pursuant to article 4(2)(a);

“interim subsidy" means subsidy pursuant to articles ... 8(1) or 9(4), as the case may be;

“mid-year claim" means a claim for subsidy pursuant to article 4(2)(b);

“the form" means a printed document or any other format upon which a claim may be set out, or any combination of such formats or alternative formats, as the Secretary of State determines; and

“the relevant office" means such office as may be designated by the Secretary of State.

“report of factual findings” means the report completed by the reporting accountant in accordance with HBAP setting out the details of, and the relevant matters arising from, the test;

“test” means a test of the claim for final subsidy by the authority and the reporting accountant in accordance with HBAP and “tested” shall be construed accordingly.

Conditions for payment of subsidy

3

Subject to articles 9(3) and 10, no final subsidy shall be paid unless the conditions specified in the following provisions of this Part have been complied with.

Requirement of claim

4

(1) The first condition is that subsidy shall be claimed in accordance with the provisions of and in the manner specified by this article.

(2) There shall be submitted by an authority to the Secretary of State, at the relevant office, on the form supplied by him to that authority or by means of an electronic communication, the following claims for subsidy, by reference to the amount of housing benefit that that authority—

(a) estimates it will pay during the relevant year, by 1st March in the year preceding the relevant year;

(b) estimates it has up to that time and will by the end of that relevant year have paid, by 31st August in the relevant year;

(3) Except where an authority submits a claim by means of an electronic communication, the final claim shall be copied to the authority’s auditor,

(a) in the case of an authority in England, the authority’s reporting accountant;

(b) in the case of an authority in Wales or Scotland, the authority’s auditor,

by 30th April in the following year

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4ZA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4B) An authority in Wales shall—

(a) if required to do so by the Secretary of State, submit to him, at the relevant office, in any of the above claims or returns, or

(b) if required to do so by the Secretary of State or the National Assembly for Wales, submit to him or, as the case may be, to them, at the relevant office, by way of an additional return on such form as is supplied by him or them or by means of an electronic communication to that authority and not later than such date as he or they may require,

details in relation to subsidy in respect of rebates granted to tenants of dwellings within the authority’s Housing Revenue Account.

(5) All claims and returns submitted by an authority consequent upon this article shall be signed or submitted by means of an electronic communication—

(a) in the case of an authority in England or Wales, by the authority’s chief finance officer, as defined in section 5(8) of the Local Government and Housing Act 1989, or an officer to whom that officer has made a formal delegation;

(b) in the case of an authority in Scotland, by the proper officer pursuant to section 95 of the Local Government (Scotland) Act 1973 .

Requirement to keep records and provide information

5

(1) The second condition is that the authority submitting a claim shall–

(a) provide to the Secretary of State the information referred to in paragraph (2) in written or electronic form; and

(b) keep and, where the Secretary of State requires it or it is otherwise appropriate to do so, produce records in written or electronic form with a bearing on that claim.

(2) The information referred to in this paragraph is such information as the Secretary of State requires, or as may otherwise be necessary, to satisfy him that–

(za) in relation to an authority in England, the claim is in accordance with the report of factual findings and with the relevant articles of this Order;

(a) in relation to an authority in Wales or Scotland, the claim is fairly stated and in accordance with the relevant articles of this Order; and

(b) any subsidy claimed or paid for the relevant year or for an earlier year has been properly claimed or paid in accordance with the provision of this Order or, as the case may be, the previous Orders.

Requirement of audit

6

(1) In relation to an authority in Wales or Scotland, subject to article 9(4), the third condition is that the authority

(iza) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(a) shall procure that their final claim is audited by the authority’s auditor by 30th November in the following year; and

(b) shall comply with the following provisions of this article.

(2) The authority shall—

(a) provide such information in written or electronic form; and

(b) keep, and where asked to do so, produce records in written or electronic form with a bearing on its claim,

as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that that claim is fairly stated and in accordance with the relevant articles of this Order.

(3) No final subsidy shall be paid until the authority’s auditor has certified on the claim for or by means of an electronic communication that the final claim is fairly stated and in accordance with the relevant articles of this Order.

Final condition for the payment of subsidy

7

Subject to article 9(4), the fourth condition is that an authority shall satisfy the Secretary of State that its claim—

(a) is true and complete;

(b) is supported and, if appropriate, supplemented by all the information the Secretary of State requires; and

(c) fairly represents the expenditure in relation to housing benefit incurred or likely to be incurred, as the case may be, by the authority in the relevant year.

In year instalments of subsidy

8

(1) Where an authority has submitted, by the due date—

(a) the initial claim and mid-year claim, as the case may be, in accordance with the requirements of this Part; and

(b) the conditions of this Part in relation to such claims have been complied with,

the Secretary of State shall pay each month, to each such authority that has submitted such claims as are by that date due, instalments of subsidy, in accordance with paragraph (2).

(2) The instalments payable by way of interim subsidy to an authority under paragraph (1) shall be such amounts as the Secretary of State considers appropriate in the circumstances of the case, but the total amount of such instalments paid in the relevant year shall not exceed the amount which, in his estimation, is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the submission and audit of that authority’s final claim.

Payment of subsidy for the relevant year

9

(1) Subject to paragraphs (2) and (3) and to any subsidy withheld, reduced or deducted in accordance with sections 140B(4) or 140C(3), as the case may be, where he is satisfied that—

(a) the authority has submitted its final claim;

(aa) in the case of an authority in England, the report of factual findings has been properly completed;

(b) in the case of an authority in Wales or Scotland, the auditor has audited and certified that claim; and

the Secretary of State shall pay to that authority final subsidy calculated in accordance with Part III.

(2) Any payment pursuant to paragraph (1) shall only be in respect of the balance of subsidy due after the Secretary of State—

(a) has deducted any interim subsidy paid during or in respect of the relevant year; and

(b) has added or deducted, as the case may be, any amount paid, recovered or withheld pursuant to article 8A in respect of the relevant year;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The Secretary of State may pay subsidy under paragraph (1) once that submission, audit or certification, as the case may be, has occurred or, as the case may be, once the report of factual findings has been sent to the Secretary of State, despite it occurring after the time required in this Part.

(4) In a case where the third or fourth condition, as the case may be, are not met in relation to any authority, the Secretary of State may pay such amount of subsidy as he is satisfied will be due when that condition is met.

(5) In paragraph (1), a reference to paying final subsidy calculated in accordance with Part III may also be a reference to deducting or withholding subsidy, as the case may be.

Estimating subsidy

10

If an authority has not, at the time specified in articles 4 or 6(1), as the case may be, complied with any condition specified in this Part, the Secretary of State may estimate the amount of any subsidy, including any interim subsidy, payable to that authority and he may employ for that purpose such criteria as he considers relevant.

PART III — CALCULATION OF SUBSIDY

Interpretation of Part III

11

(1) In this Part, unless the context otherwise requires—

“allowance" means a rent allowance;

“appeal tribunal” has the meaning it bears in section 39(1) of the Social Security Act 1998;

“board and lodging accommodation" means—accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; oraccommodation provided in a hotel, guest house, lodging house or some similar establishment,but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations;

“Commissioner” has the meaning it bears in section 39(1) of the Social Security Act 1998;

“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;

“the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

“overpayment" includes ... ... overpayments under the Housing Benefit Regulations and any reference in this Order to “overpayment" in relation to any of the previous Orders shall bear the meaning it has in this Order;

“rebate" means a rent rebate ... ;

“the Rent Officers Order" means the Rent Officers (Housing Benefits Functions) Order 1997 or the Rent Officers (Housing Benefits Functions) (Scotland) Order 1997 , as the case may be;

“the Rent Officers Order 1995" means the Rent Officers (Additional Functions) Order 1995 or the Rent Officers (Additional Functions) (Scotland) Order 1995 , as the case may be;

“scheme" means the housing benefit scheme ... as prescribed under section 123(1) of the Social Security Contributions and Benefits Act 1992;

and other expressions used in this Part and in the Housing Benefit Regulations or the Housing Benefit (State Pension Credit) Regulations, as the case may be, shall have the same meanings in this Part as they have in those Regulations.

(2) In this Part

(3) An amount of housing benefit which—

(a) would fall to be paid in the relevant year for a period in a preceding year; and

(b) is not paid by virtue of regulation 98 or 102 of the Housing Benefit Regulations or, as the case may be, regulation 79 or 83 of the Housing Benefit (State Pension Credit) Regulations (offsetting and method of recovery) on the ground that an overpayment of benefit was made in that preceding year for that period,

shall be treated as lawfully paid in the relevant year for that period.

Amount of subsidy

12

(1) Subject to paragraph (2), the amount of an authority’s subsidy for the relevant year is the sum of the following—

(a) the amount of subsidy calculated in accordance with article 13;

(b) for an authority identified in column (1) of Schedule 1 (sums to be used in the calculation of subsidy), the amount in respect of the costs of administering the housing benefit specified in column (2) of that Schedule for that authority;

(bza) the additional amount specified by Schedule 1ZB (additional amount of subsidy: verify earnings and pension alerts service); and

(bzb) any additional amount specified by Schedule1ZC (additional amount of subsidy: Housing Benefit Award Accuracy Initiative);

(ba) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) for an authority which has modified any part of a scheme it administers in recognition of the operation of a local scheme under section 134(8) of the Act (arrangements for housing benefit), the additional amount calculated in accordance with paragraph (4).

(2) Subject to paragraph (3), any sum paid after 1st April 1997 by way of subsidy in respect of an overpayment of housing benefit shall be deducted from any amount of subsidy which would otherwise fall to be paid in respect of any payment of benefit which is treated, in accordance with paragraph 11(3), as made for the same period as that overpayment.

(3) A deduction shall not be made under paragraph (2) where the sum already paid by way of subsidy is greater than the amount which would fall to be paid.

(4) For the purposes of sub-paragraph (1)(d), the additional amount will be 0.2 per cent of the amount or total of amounts calculated in accordance with article 13 but will not exceed 75 per cent of the cost of the total of housing benefit paid under the scheme.

Relevant benefit

13

(1) The amount of subsidy payable under article 12(1)(a) shall ... be—

(a) in the case of any authority to which none of articles 14, 16, 17, 17A, 17B and 17C applies, an amount equal to 100 per cent. of its qualifying expenditure attributable to expenditure in respect of housing benefit.

(b) in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of—

(i) 100 per cent. of so much of its qualifying expenditure attributable to expenditure in respect of housing benefit as remains after deducting from that expenditure the amount of expenditure attributable to housing benefit to which each of those articles which is relevant applies; and

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) the appropriate amount calculated ... under each such article,

plus, in each case, the additions, where applicable, under article 18 but subject, in each case, to the deductions, where applicable, under articles 20 and 20A.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Backdated benefit

14

(1) Subject to paragraphs (2) and (3), where—

(a) during the relevant year an authority has, under regulation 83(12) of the Housing Benefit Regulations or, as the case may be, regulation 64(13) of the Housing Benefit (State Pension Credit) Regulations... (time and manner of claiming) , treated any claim as made on a day earlier than that on which it is made; and

(b) any part of that authority’s qualifying expenditure is attributable to such earlier period,

for the purposes of article 13(1)(b)(iii), the appropriate amount for the relevant year in respect of such part shall be 100 per cent. of the qualifying expenditure so attributable.

(2) This article shall not apply in in relation to expenditure to which article 17(2), 17A(2), 17B(2), 17C(2) or 18(1)(b)(iii) or paragraph 6 of Schedule 4 applies.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disproportionate rent increase

15

(1) Except where paragraph (5), (6) or (7) applies, in the case of an authority in Scotland, whose average rent increase differential, as calculated in accordance with paragraph (2) (“the proportion"), has a value greater than zero, the deduction from qualifying expenditure specified in article 11(2)(a) shall be the proportion multiplied by the sum calculated for that authority in accordance with paragraph (4).

(2) The average rent increase differential for each authority shall be calculated by applying the formula—

$$(1+A)×(BC×DE)-1$where A, B, C, D and E each has the value determined in accordance with paragraph (3).$

(3) For the purposes of paragraph (2)—

(a) the value of A shall be the proportion calculated for that authority pursuant to paragraphs (3) and (4) of—

(i) in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order, or

(ii) in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year;

(b) the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;

(c) the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;

(d) the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date; and

(e) the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date.

(4) The sum referred to in paragraph (1) shall be that part of qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article, but less any part of such expenditure to which article 13(1)(b)(iii) applies.

(5) Subject to paragraph (6), this article shall not apply in the case of an authority—

(a) which has—

(i) set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters;

(ii) not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and

(iii) not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs;

(b) where—

(i) any increases in rent between the initial date and 1st April in the following year were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and

(ii) the average rent increase differential calculated in accordance with—

(aa) in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order; or

(bb) in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year,

for that authority had a value which was zero or less than zero.

(6) In the case of a new authority, sub-paragraph (a)(iii) of paragraph (5) shall be modified so that, in relation to the relevant year commencing on 1st April 1997, for the words “or in either of the two previous years" there shall be substituted the words “ or in the previous year ”.

(7) This article shall not apply in a case to which article 17 or 17A (subsidy in respect of temporary or short term accommodation) applies.

(8) In this article (and, in the case of the meaning ascribed to the word “beneficiary", also in article 19(2))—

“average" means the arithmetic mean;

“beneficiary" means a person who is entitled or likely to become entitled to a rebate;

“Category 1 dwellings" means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;

“Category 2 dwellings" means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;

“final date" means the last day of the relevant year;

“initial date" means the day before the relevant year; and

“rent" means either—the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit Regulations or, as the case may be, sub-paragraphs (a) to (j) in paragraph (1) of regulation 12 of the Housing Benefit (State Pension Credit) Regulations; orthe eligible rent,as the authority may determine, provided that wherever the expression “rent" occurs in paragraph (3) it has the same meaning throughout in relation to that authority.

Treatment of high rents in rent allowance cases

16

(1) Except in a case to which article 14 (backdated benefit), 17B or 17C (subsidy in respect of accommodation provided by a registered housing association as temporary or short term accommodation) applies, and subject to paragraphs (2), ... and (4) and to article 23 (transitional provisions in relation to rent officer determinations), this article applies in a rent allowance case and, where this article applies, the appropriate amount, for the purposes of article 13(1)(b)(iii), shall be calculated in accordance with Part II of Schedule 4.

(2) This article shall not apply where a dwelling is an excluded tenancy by virtue of -

(a) paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit Regulations (excluded tenancies); or

(b) paragraph 1 and any of paragraphs 3 to 11 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (excluded tenancies)

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) This article shall not apply in a case where a maximum rent has been determined, except where—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations (no maximum rent for first 13 weeks) applies, when the appropriate amount shall be calculated in respect of the first 13 weeks in accordance with paragraph 15 of Schedule 4.

(5) Expressions used in this article and in Schedule 4 have the same meanings in this article as they have in that Schedule.

Subsidy in respect of homeless and short lease rebate cases

17

(1) This article applies where—

(a) a rent rebate is payable by an authority;

(b) a person (“P”) is required to pay the authority for—

(i) board and lodging accommodation; or

(ii) accommodation which is not self-contained and which the authority has a right to use under an agreement, other than a lease, with a third party; and

(i) to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 , Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii) to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 , Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987 , as the case may be.

(2) Where this article applies the appropriate amount is the lowest of—

(a) the amount of housing benefit entitlement in a week or part week, as the case may be; or

(b) the maximum amount determined in accordance with paragraph (3); or

(c) ... £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

(3) The maximum amount referred to in paragraph (2) is the local housing allowance for January 2011 for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this article and articles 17A, 17B and 17C, accommodation is self-contained if P’s household has the exclusive use of a kitchen, a bathroom and a toilet.

(5) In this article and articles 17A, 17B and 17C—

“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order; and

“local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order.

Additions to subsidy

18

(1) Subject to paragraph (8), the additions referred to in article 13(1) are—

(a) where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment of housing benefit, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;

(b) subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of ... housing benefit has been made and an amount is to be deducted under article 19 in relation to that overpayment, an amount equal to—

(i) in the case of a departmental error overpayment ..., 100 per cent. of so much of the overpayment as has not been recovered by the authority;

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii) except where head (i) above applies, 40 per cent. of the overpayment;

(iv) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 11 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order (other than a deduction under article 11(1)(g) or 19(1)(c) of the 1994 Order or 11(1)(f) or 19(1)(c) of the 1995, 1996 or 1997 Orders) or, in respect of a year earlier than the relevant year, under article 19 (other than a deduction under article 19(1)(f)), as the case may be, was a fraudulent overpayment, the amount, if any, by which ... 40 per cent. of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment;

(d) where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made—

(i) under article 19 (other than a deduction under article 19(1)(ea)); and

(ii) in respect of a year which begins after 31st March 2001 and which is earlier than the relevant year,

was a claimant error overpayment, the amount, if any, by which 40 per cent. of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment.

(e) where, during the relevant year, it is discovered that any overpayments of housing benefit have been made which were authority error overpayments or administrative delay overpayments, the following amounts—

(i) i)where the total of the authority error overpayments and administrative delay overpayments is less than or equal to 0.48% of the total specified subsidy, 100% of the total of those overpayments;

(ii) where the total of the authority error overpayments and administrative delay overpayments is greater than 0.48% but less than or equal to 0.54% of the total specified subsidy, 40% of the total of those overpayments; and

(iii) where the total of the authority error overpayments and administrative delay overpayments is greater than 0.54% of the total specified subsidy, nil.

(f) where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 19 (deductions made in calculating subsidy) was a payment on account overpayment, 100 per cent. of so much of the overpayment as has not been recovered by the authority.

(2) The amount under paragraph (1)(b) shall not include an amount in relation to—

(a) an authority error overpayment;

(b) any technical overpayment; or

(d) an administrative delay overpayment; or

(e) a payment on account overpayment.

(3) In the case of a departmental error overpayment, where some or all of that overpayment is recovered by the authority, no addition shall be applicable to the authority in respect of the amount so recovered.

(4) In paragraphs (1)(b)(i) and (3) and in article 19(1)(e), “departmental error overpayment” means an overpayment of a kind to which paragraph (4ZA) or (4ZB) applies or an overpayment caused by a mistake made, whether in the form of an act or omission—

(a) by an officer of the Department for Work and Pensions or of the Inland Revenue, acting as such, or a person providing services to that Department or to the Inland Revenue;

(b) in a decision of an appeal tribunal or a Commissioner,

where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake but excludes any mistake of law which is shown to have been an error only by virtue of a subsequent decision of a Commissioner or a court.

(4ZA) This paragraph applies to an overpayment where—

(a) the overpayment was made during the period beginning with 5th April 2003 and ending with 13th June 2003 (“the specified period”);

(b) the overpayment would, but for paragraph (4), fall to be regarded as an authority error overpayment on the ground that it was made as a result of a failure by the authority to take account of information about the amount of any tax credit payable to the claimant; and

(c) the Secretary of State is satisfied that the authority took reasonable steps to avoid making overpayments of the kind described in sub-paragraph (b) during the specified period.

(4ZB) This paragraph applies to an overpayment where—

(a) during the period beginning on 9th April 2012 and ending on 19th April 2012 (the “specified period”) an authority received a notification through the Automated Transfers to Local Authority System used by the Department for Work and Pensions to provide award data to relevant authorities in respect of a claimant (“the notification”);

(b) the notification received during the specified period was sufficient to require an authority to make a revision or supersession decision on a claimant’s award;

(c) the authority failed to make a revision or supersession decision on the basis of the notification received during the specified period before the next day on which the claimant’s benefit was paid;

(d) the authority’s failure to make a revision or supersession decision before the next day on which the claimant’s benefit was paid resulted in the overpayment; and

(e) the authority made a revision or supersession decision on the claimant’s award, based on the notification received during the specified period, on or before 10th July 2012.

(4A) In paragraph (1)(d) and in article 19(1)(ea), “claimant error overpayment” means an overpayment which—

(a) is caused by the claimant, or a person acting on the claimant’s behalf under regulation 82 of the Housing Benefit Regulations (who may claim housing benefit), failing to provide information in accordance with regulation 83, 86 or 88 of, or paragraph 5 of Schedule A1 to, those Regulations (duties on claimant to provide information); and

(b) is not a fraudulent overpayment.

(5) In paragraphs (1)(c) and (4A), and in article 19(1)(f), “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 where the claimant has in respect of the overpayment—

(a) been found guilty of an offence whether under a statute or otherwise;

(b) made an admission after caution of deception or fraud for the purpose of obtaining housing benefit; or

(c) agreed to pay a penalty under section 115A of the Act (penalty as an alternative to prosecution) and has not withdrawn that agreement.

(5A) In paragraph (5)(b) “admission after caution” means—

(a) in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984;

(b) in Scotland, an admission after a caution has been administered, such admission being duly witnessed by two persons.

(6) In paragraphs (1)(e) and (2)(a), “authority error overpayment” means an overpayment caused by a mistake made, whether in the form of an act or omission, by an authority where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake but excludes any mistake of law which is shown to have been an error only by virtue of a subsequent decision of a court.

(6ZA) In paragraphs (1)(e) and (2)(d), “administrative delay overpayment” means an overpayment arising where—

(a) an authority is notified of a change of circumstances and has sufficient information and evidence to make a revision or supersession decision on an award;

(b) the authority does not make the decision before the next day on which the claimant’s benefit is paid ...; ...

(i) caused by a mistake, whether in the form of an act or omission, by an authority; or

(ii) caused or materially contributed to by the claimant, a person acting on the claimant’s behalf, or any other person to whom payment is made; and

(d) paragraph (4ZB) is not applicable.

(6ZB) For the purposes of paragraphs (1)(e) and (2), an “authority error overpayment” or an “administrative delay overpayment” does not include an overpayment of a kind to which paragraphs (6ZC) or (6ZD) apply.

(6ZC) This paragraph applies to an overpayment where—

(a) an authority receives real time information in respect of the overpayment which indicates that the overpayment was caused by the incorrect declaration of PAYE employment income or PAYE pension income by the claimant; and

(b) the authority—

(i) has sufficient real time information to make a revision or supersession decision on the claimant’s award; and

(ii) makes a revision or supersession decision during the period of 4 weeks beginning with the date on which the authority received the real time information.

(6ZD) This paragraph applies to an overpayment where—

(a) an authority receives real time information in respect of the overpayment which indicates that the overpayment was caused by the incorrect declaration of PAYE employment income or PAYE pension income by the claimant;

(b) the authority has insufficient real time information to make a revision or supersession decision;

(d) the authority makes a revision or supersession decision either—

(i) if the additional information is provided during the period of 4 weeks beginning with the date on which the authority received the real time information (“the 4 week period”), by the end of that 4 week period; or

(ii) if the additional information is provided after the 4 week period has ended, by the Monday following the date on which the additional information is received.

(6ZE) For the purposes of paragraphs (6ZC) and (6ZD)—

“ PAYE employment income” has the meaning in section 683(2) of the Income Tax (Earnings and Pensions) Act 2003;

“ PAYE pension income” has the meaning in section 683(3) of the Income Tax (Earnings and Pensions) Act 2003;

“real time information” means information which is reported by a Real Time Information employer or Real Time Information pension payer in respect of the PAYE employment income or PAYE pension income of its employees;

“Real Time Information employer” has the meaning in regulation 2A(1) of the Income Tax (Pay As You Earn) Regulations 2003;

“Real Time Information pension payer” has the meaning in regulation 2B(1) of the Income Tax (Pay As You Earn) Regulations 2003.

(6A) In paragraph (1)(e), “total specified subsidy” means the total amount of housing benefit ... that attracts 100 per cent subsidy for the relevant year, including any subsidy paid pursuant to article 14.

(7) Subject to paragraph (7A), in paragraph (2)(b) “technical overpayment” means an overpayment which occurs as a result of a rebate being awarded and entitlement to that rebate being reduced or eliminated because, subsequent to that award, the liability in respect of which the rebate was awarded was reduced or eliminated.

(7A) A technical overpayment does not include any part of the overpayment occurring before the day on which the liability was reduced or eliminated.

(7B) In paragraphs (1)(f) and (2)(e), “payment on account overpayment” means an amount paid on account under regulation 93 of the Housing Benefit Regulations or regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.

(8) Except for paragraphs (1)(b)(iii), (1)(c) and (5), this article shall not apply to that part of any ... housing benefit in respect of a case to which paragraph (12) of regulation 83 of the Housing Benefit Regulations applies.

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) Where, during the relevant year, an overpayment that has been classified as an overpayment under one of paragraphs (4), (4ZA) , (4ZB) (4A), (5), (6), (6ZA) or (7) is reclassified, the addition referred to in article 13(1) shall be the amount payable under paragraph (1) for the final classification of the overpayment.

Deductions to be made in calculating subsidy

19

(1) The deductions referred to in article 11(2)(b) are, subject to paragraphs (3A), (3B) and (4), to be of the following amounts where—

(a) subject to paragraphs (2) and (3), a tenant of an authority, who is in receipt of a rebate while continuing to occupy, or when entering into occupation of a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement—

(i) is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights (“improvements") and chooses or chose to be so provided;

(ii) is during, or was at any time prior to, the relevant year, able to choose either to be provided with any improvements or, whether or not in return for an award or grant from the authority, to provide such improvements for himself; or

(iii) would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in head (i) or (ii) of this sub-paragraph if he were not or had not at that time been in receipt of a rebate,

the amounts attributed during the relevant year to such improvements whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;

(b) during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;

(c) during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of a rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award—

(i) made to a tenant for a reason unrelated to the fact that he is a tenant;

(ii) made under a statutory obligation;

(iii) made under section 137 of the Local Government Act 1972 or section 83 of the Local Government (Scotland) Act 1973 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);

(iv) except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or

(v) of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally and which was suffered by the tenant by virtue of his occupation of his home;

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) during the relevant year an amount is recovered in relation to a departmental error overpayment, within the meaning of article 18(4), the amount so recovered, in a case where the overpayment had occurred and been discovered in a year earlier than the relevant year;

(ea) during the relevant year a claimant error overpayment, within the meaning of article 18(4A), is identified, the amount of the overpayment, but only to the extent that the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 11(2);

(f) during the relevant year a fraudulent overpayment, within the meaning of article 18(5), is identified, the amount of the overpayment, but only to the extent that the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 4 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order or article 11(2), as the case may be;

(g) subject to sub-paragraphs (e), (ea) and (f), during the relevant year it is discovered that an overpayment of housing benefit has been made, the amount of such overpayment, but only to the extent that—

(i) the amount of such overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the 1989 Order or the 1990 Order or under article 4 or 15 of the 1991 Order or articles 4 or 16 of the 1992 Order or the 1993 Order or articles 4 or 19 of respectively the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order, or article 11(2), as the case may be; and

(ii) the amount of the overpayment or any part of it does not include an amount to which paragraph (18) of regulation 59 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 or paragraph (12) of regulation 83 of the Housing Benefit Regulations (time and manner in which claims are to be made), as the case may be, applied;

(h) during the relevant year any instrument of payment of housing benefit issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument;

(i) during the relevant year an amount is recovered in respect of which subsidy was paid pursuant to paragraph 6(2) of Schedule 6 to the 1996 Order or the 1997 Order or paragraph 11(2) of Schedule 4 (subsidy on payments on account), the amount so recovered, where the payment on account was made in a year earlier than the relevant year.

(2) Subject to paragraph (3), no deduction shall be made under sub-paragraph (1)(a) where the eligible rent for a tenant has been increased in a case to which that sub-paragraph would apply, but—

(a) any such services, facilities or rights (“improvements")—

(i) relate solely to the physical needs of the property in question or the needs of that tenant; and

(ii) the increased rent in relation to such improvements is reasonable;

(b) the tenant was eligible whether or not he was a beneficiary; and

(c) the authority has not let properties, to which they intend to make improvements, either in the relevant year or in the two years preceding that year, solely or largely to beneficiaries.

(3) In paragraph (2)—

(a) “beneficiary" has the meaning it is given by article 15(8); and

(b) in a case to which article 24 applies, sub-paragraph (c) shall have effect as modified by article 24(2).

(3A) Paragraph (3B) applies for the purpose of determining the amount of subsidy payable for a relevant year beginning on or after 1st April 2024.

(3B) Where an overpayment of a type specified in any of sub-paragraphs (e) to (g) of paragraph (1) was made in any earlier relevant year, the amount deducted for that overpayment under article 11(2)(b) may, where the authority considers it appropriate, be limited to the amount of subsidy calculated in accordance with article 13(b) which is attributable to that overpayment.

(3C) In paragraph (3B), “earlier relevant year” means a relevant year earlier than that in which the deduction takes place.

(4) Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more of the sub-paragraphs of paragraph (1), as the case may be, only the higher or highest, or, where the amounts are equal, only one amount, shall be deducted.

Deduction from subsidy

20

Where, during the relevant year, it is found by an authority that any instrument of payment issued by it as payment of housing benefit ... on or after 1st April 1988, but before the relevant year, has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 13(1) shall be the amount of any subsidy that has been paid in respect of that instrument.

Additions to and deductions from subsidy in respect of benefit savings

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IV — TRANSITIONAL AND SAVINGS

Provisions for claims for 1997/98

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions in relation to rent officer determinations

23

(1) In the relevant year commencing on 1st April 1997, the expression “property-specific rent less ineligible amounts" in both paragraph 17(1) of Schedule 4 and paragraph 13(1) of Schedule 6 to the 1997 Order has effect as if after the words “(“ineligible payments")", there were inserted the words “ or, in the case of a determination prior to 2nd October 1995, the authority is of the opinion that the exceptionally high rent did not include ineligible payments, ”.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Modifications of exemption from improvements rule

24

(1) This article applies in the case of a new authority, a 1997 authority or a 1998 authority, as the case may be, and, in these cases, the modifications set out in paragraph (2) shall apply.

(2) In relation to the relevant year commencing on—

(a) 1st April 1997, in the case of a—

(i) new authority, for the words “or in the two years preceding that year" in article 19(2)(c) there shall be substituted the words “ or in the year preceding that year ”;

(ii) 1997 authority, the words “or in the two years preceding that year" shall be omitted from article 19(2)(c);

(b) 1st April 1998, in the case of a—

(i) 1997 authority, for the words “or in the two years preceding that year" in article 19(2)(c) there shall be substituted the words “ or in the year preceding that year ”;

(ii) 1998 authority, the words “or in the two years preceding that year" shall be omitted from article 19(2)(c);

(c) 1st April 1999, in the case of a 1998 authority, for the words “or in the two years preceding that year" in article 19(2)(c) there shall be substituted the words “ or in the year preceding that year ”.

Schedule 1 — Sums to be used in the calculation of subsidy

Local authority	Administration subsidy (£)
England	England
Adur District Council	168,550
Amber Valley Borough Council	329,797
Arun District Council	405,459
Ashfield District Council	372,208
Ashford Borough Council	338,604
Babergh District Council	190,118
London Borough of Barking and Dagenham	924,124
London Borough of Barnet	1,509,250
Barnsley Borough Council	858,497
Basildon District Council	600,000
Basingstoke and Deane District Council	389,904
Bassetlaw District Council	317,124
Bath and North East Somerset Council	447,937
Bedford Borough Council	520,834
London Borough of Bexley	607,226
Birmingham City Council	6,268,442
Blaby District Council	151,595
Blackburn with Darwen Borough Council	521,838
Blackpool Borough Council	697,235
Bolsover District Council	245,893
Bolton Metropolitan Borough Council	1,005,095
Boston Borough Council	191,453
Bournemouth, Christchurch and Poole Council	1,262,294
Bracknell Forest Borough Council	272,330
Bradford Metropolitan Borough Council	1,650,227
Braintree District Council	364,025
Breckland District Council	329,374
London Borough of Brent	1,704,405
Brentwood District Council	137,613
Brighton and Hove Council	1,188,488
Bristol City Council	1,675,554
Broadland District Council	218,023
London Borough of Bromley	866,470
Bromsgrove District Council	178,055
Broxbourne Borough Council	271,237
Broxtowe Council	248,500
Buckinghamshire Council	1,005,797
Burnley Borough Council	386,005
Bury Metropolitan Borough Council	560,142
Calderdale Borough Council	847,713
Cambridge City Council	348,172
London Borough of Camden	1,512,857
Cannock Chase District Council	262,263
Canterbury City Council	402,811
Castle Point District Council	189,776
Central Bedfordshire Council	555,680
Charnwood Borough Council	348,005
Chelmsford Borough Council	383,259
Cheltenham Borough Council	300,956
Cherwell District Council	316,902
Cheshire East Council	795,516
Cheshire West and Chester Council	918,617
Chesterfield Borough Council	403,765
Chichester District Council	291,437
Chorley Borough Council	280,499
City of London	63,711
Colchester Borough Council	466,042
Cornwall Council	1,741,459
Cotswold District Council	182,942
Coventry City Council	1,133,518
Crawley Borough Council	382,034
London Borough of Croydon	1,670,074
Cumberland Council	790,882
Dacorum Borough Council	417,986
Darlington Borough Council	383,739
Dartford Borough Council	252,084
Derby City Council	847,985
Derbyshire Dales District Council	141,412
Doncaster Metropolitan Borough Council	1,039,593
Dorset Council	924,249
Dover District Council	378,576
Dudley Metropolitan Borough Council	916,034
Durham County Council	2,022,609
London Borough of Ealing	1,586,025
East Cambridgeshire District Council	178,328
East Devon District Council	308,618
East Hampshire District Council	202,625
East Hertfordshire District Council	278,434
East Lindsey District Council	464,725
East Riding of Yorkshire Council	708,395
East Staffordshire Borough Council	259,301
East Suffolk Council	677,920
Eastbourne Borough Council	431,971
Eastleigh Borough Council	268,364
Elmbridge Borough Council	278,068
London Borough of Enfield	1,847,508
Epping Forest District Council	294,276
Epsom and Ewell Borough Council	165,386
Erewash Borough Council	330,843
Exeter City Council	390,214
Fareham Borough Council	171,233
Fenland District Council	292,434
Folkestone and Hythe District Council	355,028
Forest of Dean District Council	220,002
Fylde Borough Council	205,171
Gateshead Borough Council	870,065
Gedling Borough Council	266,689
Gloucester City Council	386,093
Gosport Borough Council	247,779
Gravesham Borough Council	278,169
Great Yarmouth Council	422,613
Royal Borough of Greenwich	1,504,546
Guildford Borough Council	272,761
London Borough of Hackney	2,398,650
Halton Borough Council	544,854
London Borough of Hammersmith and Fulham	1,122,434
Harborough District Council	137,026
London Borough of Haringey	1,704,846
Harlow District Council	337,603
Harrow Council	807,776
Hart District Council	120,109
Hartlepool Borough Council	481,089
Hastings Borough Council	480,262
Havant Borough Council	269,884
London Borough of Havering	630,461
Herefordshire Council	453,778
Hertsmere Borough Council	290,159
High Peak Borough Council	231,061
London Borough of Hillingdon	953,925
Hinckley and Bosworth Borough Council	213,125
Horsham District Council	266,478
London Borough of Hounslow	1,015,552
Huntingdonshire District Council	333,564
Hyndburn Borough Council	310,681
Ipswich Borough Council	483,036
Isle of Wight Council	476,343
Council of the Isles of Scilly	1,734
London Borough of Islington	1,665,897
Royal Borough of Kensington and Chelsea	1,083,719
Kings Lynn and West Norfolk Borough Council	382,044
Hull City Council	1,283,677
Royal Borough of Kingston upon Thames	467,322
Kirklees Metropolitan Borough Council	1,251,555
Knowsley Borough Council	742,248
London Borough of Lambeth	1,933,882
Lancaster City Council	427,456
Leeds City Council	2,558,738
Leicester City Council	1,181,395
Lewes District Council	274,856
London Borough of Lewisham	1,817,443
Lichfield District Council	199,705
City of Lincoln Council	368,608
Liverpool City Council	2,640,160
Luton Borough Council	685,036
Maidstone Borough Council	390,736
Maldon District Council	131,415
Malvern Hills District Council	179,312
Manchester City Council	2,733,908
Mansfield District Council	366,414
Medway Council	738,065
Melton Borough Council	106,717
London Borough of Merton	549,716
Mid Devon District Council	184,463
Mid Suffolk District Council	176,135
Mid Sussex District Council	259,793
Middlesbrough Council	657,029
Milton Keynes Borough Council	816,257
Mole Valley District Council	185,274
New Forest District Council	373,181
Newark and Sherwood District Council	305,426
Newcastle-Under-Lyme Borough Council	323,447
Newcastle City Council	1,312,597
London Borough of Newham	1,841,037
North Devon District Council	277,024
North East Derbyshire District Council	282,630
North East Lincolnshire Council	575,860
North Hertfordshire District Council	287,657
North Kesteven District Council	213,616
North Lincolnshire Council	459,772
North Norfolk District Council	287,693
North Northamptonshire Council	832,091
North Somerset Council	579,809
North Tyneside Borough Council	731,183
North Warwickshire District Council	154,583
North West Leicestershire District Council	207,130
North Yorkshire Council	1,346,339
Northumberland County Council	934,537
Norwich City Council	634,059
Nottingham City Council	1,419,394
Nuneaton and Bedworth Borough Council	388,016
Oadby and Wigston Borough Council	101,030
Oldham Borough Council	838,458
Oxford City Council	456,851
Pendle Borough Council	267,404
Peterborough City Council	678,063
Plymouth City Council	996,596
Portsmouth City Council	891,714
Preston Borough Council	497,529
Reading Borough Council	564,803
London Borough of Redbridge	1,000,025
Redcar and Cleveland Borough Council	543,213
Redditch Borough Council	252,162
Reigate and Banstead Borough Council	309,035
Ribble Valley Borough Council	92,377
London Borough of Richmond upon Thames	484,871
Rochdale Borough Council	879,897
Rochford District Council	145,810
Rossendale Borough Council	197,127
Rother District Council	259,244
Rotherham Borough Council	919,858
Rugby Borough Council	238,394
Runnymede Borough Council	178,073
Rushcliffe Borough Council	184,514
Rushmoor Borough Council	285,738
Rutland County Council	73,346
Salford City Council	1,187,209
Sandwell Metropolitan Borough Council	1,161,275
Sefton Metropolitan Borough Council	1,023,200
Sevenoaks District Council	250,131
Sheffield City Council	2,005,302
Shropshire Council	719,302
Slough Borough Council	507,453
Solihull Metropolitan Borough Council	535,120
Somerset Council	1,524,673
South Cambridgeshire District Council	291,522
South Derbyshire District Council	183,769
South Gloucestershire Council	500,308
South Hams District Council	209,496
South Holland District Council	193,697
South Kesteven District Council	317,015
South Norfolk District Council	261,776
South Oxfordshire District Council	245,188
South Ribble Borough Council	220,430
South Staffordshire District Council	233,612
South Tyneside Council	752,717
Southampton City Council	981,406
Southend-on-Sea City Council	677,833
London Borough of Southwark	1,968,200
Spelthorne Borough Council	234,185
St Albans District Council	278,504
St Helens Borough Council	689,428
Stafford Borough Council	262,194
Staffordshire Moorlands District Council	169,213
Stevenage Borough Council	292,537
Stockport Borough Council	741,802
Stockton-on-Tees Borough Council	657,685
Stoke-on-Trent City Council	955,837
Stratford-on-Avon District Council	270,289
Stroud District Council	259,522
Sunderland City Council	1,265,287
Surrey Heath Borough Council	142,664
London Borough of Sutton	645,052
Swale Borough Council	450,601
Swindon Borough Council	614,102
Tameside Metropolitan Borough Council	887,945
Tamworth Borough Council	215,578
Tandridge District Council	185,839
Teignbridge District Council	328,415
Telford and Wrekin Council	624,162
Tendring District Council	506,017
Test Valley Borough Council	258,264
Tewkesbury Borough Council	185,076
Thanet District Council	568,814
Three Rivers Council	201,957
Thurrock Borough Council	466,529
Tonbridge and Malling District Council	279,338
Torbay Council	544,037
Torridge District Council	184,048
London Borough of Tower Hamlets	2,104,618
Trafford Metropolitan Borough Council	610,943
Tunbridge Wells Borough Council	265,821
Uttlesford District Council	157,728
Vale of White Horse District Council	242,887
Wakefield Council	1,191,510
Walsall Borough Council	978,019
London Borough of Waltham Forest	1,029,420
London Borough of Wandsworth	1,508,603
Warrington Borough Council	563,462
Warwick District Council	284,406
Watford Borough Council	300,487
Waverley Borough Council	237,655
Wealden District Council	277,466
Welwyn Hatfield District Council	370,287
West Berkshire Council	336,017
West Devon Borough Council	131,940
West Lancashire District Council	294,801
West Lindsey District Council	251,109
West Northamptonshire Council	912,188
West Oxfordshire District Council	210,282
West Suffolk Council	404,717
City of Westminster	1,576,904
Westmorland and Furness Council	501,989
Wigan Council	1,018,723
Wiltshire Council	1,029,483
Winchester City Council	250,881
Royal Borough of Windsor and Maidenhead	286,152
Wirral Borough Council	1,298,734
Woking Borough Council	222,898
Wokingham District Council	208,338
Wolverhampton City Council	1,022,685
Worcester City Council	284,220
Worthing Borough Council	333,327
Wychavon District Council	275,362
Wyre Borough Council	305,435
Wyre Forest District Council	305,508
City of York Council	403,458
Wales	Wales
Blaenau Gwent County Borough Council	340,407
Bridgend County Borough Council	494,803
Caerphilly County Borough Council	689,507
Cardiff City Council	1,371,368
Carmarthenshire County Council	561,895
Ceredigion Council	211,832
Conwy County Borough Council	420,006
Denbighshire County Council	379,369
Flintshire County Council	438,759
Gwynedd Council	351,929
Isle of Anglesey County Council	226,283
Merthyr Tydfil Borough Council	237,984
Monmouthshire County Council	245,751
Neath Port Talbot County Borough Council	629,102
Newport City Council	611,268
Pembrokeshire County Council	394,186
Powys County Council	356,333
Rhondda-Cynon-Taff County Borough Council	833,755
Swansea City Council	952,972
Torfaen Borough Council	413,585
Vale of Glamorgan Council	388,561
Wrexham County Borough Council	475,173
Scotland	Scotland
Aberdeen City Council	694,211
Aberdeenshire Council	487,618
Angus Council	378,762
Argyll and Bute Council	298,092
Clackmannanshire Council	243,760
Comhairle Nan Eilean Siar Council	72,781
Dumfries and Galloway Council	578,247
Dundee City Council	827,365
East Ayrshire Council	528,436
East Dunbartonshire Council	223,360
East Lothian District Council	351,145
East Renfrewshire Council	199,796
City of Edinburgh Council	1,775,114
Falkirk District Council	597,534
Fife Council	1,421,133
Glasgow City Council	4,055,105
Highland Council	707,899
Inverclyde District Council	420,008
Midlothian Council	311,951
Moray Council	256,430
North Ayrshire Council	703,196
North Lanarkshire Council	1,477,341
Orkney Islands Council	64,869
Perth and Kinross Council	388,219
Renfrewshire Council	735,556
Scottish Borders Council	387,069
Shetland Islands Council	60,695
South Ayrshire Council	463,365
South Lanarkshire Council	1,208,944
Stirling Council	292,591
West Dunbartonshire Council	475,688
West Lothian Council	722,186

SCHEDULE 2 — ADJUSTMENT FOR PRIORITISATION OF CLAIMS

General and interpretation

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Housing benefit claims

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Council tax benefit claims

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3 — CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

PART I — GENERAL INTERPRETATION

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — DEDUCTIONS

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART III — CALCULATIONS AND TABLE

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 4 — HIGH RENTS AND RENT ALLOWANCES

PART I — REGULATED TENANCIES

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART II — RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amount

2

The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with paragraph 6, 7, 8 or 9 as appropriate.

Rent officers’ determinations

3

Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.

4

This Part also applies in a case where the dwelling A is in a hostel and, by virtue of regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.

5

This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.

6

Except where paragraph 5 applies, this Part also applies in a case where an authority is required under regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations (requirement to refer to rent officer) to apply for a determination in relation to a dwelling, but the appropriate amount shall be nil if the authority fails to apply for that determination—

(a) during the relevant year; or

(b) as soon as possible thereafter but before the date of the due date for the submission of the final subsidy claim for the relevant year.

Rent officers' property-specific rent

7

Where the rent officer either—

(a) determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or

(b) determines a claim-related rent and the amount of eligible rent does not exceed ... the claim-related 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 100 per cent of that part of the qualifying expenditure attributable to the eligible rent.

8

(1) Where the rent officer either—

(a) determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or

(b) determines a claim-related rent and the amount of eligible rent exceeds ... the claim-related rent ..., less ineligible amounts,

then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.

(2) Where the allowance granted is the same as or is less than the excess—

(a) except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(b) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.

(3) Where the allowance granted is greater than the excess the appropriate amount shall be

(a) except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(b) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

together with 100 per cent. of the qualifying expenditure which remains after deducting the excess.

9

(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, 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 designated rent, less ineligible amounts, the appropriate amount shall be 100 per cent. of that part of the 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 100 per cent. of that part of the 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 10 applies, the appropriate amount shall be nil;

(ii) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the 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 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case 100 per cent. of the 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 designated 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 10 applies, the appropriate amount shall be nil;

(ii) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the 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 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case 100 per cent. of the qualifying expenditure which remains after deducting the excess.

(6) This paragraph does not apply where a rent officer determines a claim-related rent.

Restriction on unreasonable rents or on rent increases

10

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) , (4), as in force on 1st January 1996, or 12(2) of the Housing Benefit (General) Regulations 1987 (restrictions on unreasonable rents or rent increases) , as in force on 5th October 1997.

Payments on account of rent allowance

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relevant date

12

For the purposes of this Part—

(a) in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;

(b) in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;

(i) there has been a change relating to a rent allowance within the meaning of regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations; and

(ii) by virtue of regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) 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 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations (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, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—

(i) if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;

(iii) if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;

(e) in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is—

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