The Income-related Benefits (Subsidy to Authorities) Order 1998
- (ii) if the designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.
Termination date
13
For the purposes of this Part “termination date" means—
- (a) 31st March in the relevant year; or
- (b) where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or
- (c) the date on which the allowance ceases to be paid in respect of the tenancy,
whichever is the earlier date in the relevant year.
PART III — RECKONABLE RENT CASES
14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
15
In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in 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, 100 per cent. of the eligible rent less ineligible amounts.
PART IV — GENERAL AND INTERPRETATION
Apportionment
16
For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations (rent).
Interpretation
17
- (1) In this Schedule, unless the context otherwise requires—
- “appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (meal ... charges);
- “claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;
- “designated rent" means—in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;in a case where a rent officer has determined a claim-related rent, that rent;
- “ineligible amounts” means—in a case where the rent officer has determined a claim-related rent—any amount in respect of amounts ineligible to be met by housing benefit under paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (amounts ineligible for meals);where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; orparagraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—any amount which the rent officer determines 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 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payments in respect of fuel charges);any amount in respect of amounts ineligible to be met by housing benefit under paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (amounts ineligible for meals);where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs.
- “property-specific rent", except as provided in the definition of “property-specific rent less ineligible amounts" below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;
- “property-specific rent less ineligible amounts" has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges for food and fuel), as the case may be (“ineligible payments"), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;
- “size-related rent" means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,
and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.
- (2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.
- (3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—
- (a) the terms of the tenancy of a dwelling; or
- (b) the size or composition of the household occupying that dwelling,
which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.
PART V — THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES
18
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 5 — BENEFIT SAVINGS
General and interpretation
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Addition to subsidy
2
- (1) Subject to sub-paragraphs (2) and (3), in the case of an authority where A is greater than D, the addition for that authority shall be 25 per cent. of the sum by which A exceeds D.
- (2) Subject to sub-paragraph (3), in the case of an authority where A is greater than F, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1), plus 5 per cent. of the sum by which A exceeds F.
- (3) In the case of an authority where A is greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraphs (1) and (2), plus 10 per cent. of the sum by which A exceeds G.
No addition or deduction
3
In the case of an authority where—
- (a) A is the same as or is less than D; and
- (b) A is also the same as or exceeds E, or where, by reason of paragraph 4(2), paragraph 4(1) does not apply,
there shall be no addition or deduction under this Schedule for that authority.
Deduction from subsidy
4
- (1) Subject to sub-paragraph (2), in the case of an authority where A is less than E, the deduction for that authority shall be the sum by which A is less than E.
- (2) Sub-paragraph (1) shall not apply in a case where the value of D for an authority is less than £60,000.
Signed
Signed by authority of the Secretary of State for Social Security.
Keith Bradley — Parliamentary Under-Secretary of State, — Department of Social Security — 1998-03-03
We consent,
Jim Dowd — Bob Ainsworth — Two of the Lords Commissioners of Her Majesty’s Treasury — 1998-03-04
Explanatory note
(This note is not part of the Order)
Footnotes
[^f00001]: See section 189(8) of the Social Security Administration Act 1992 (c. 5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c. 52).
[^f00002]: 1992 c. 5; sections 140B, 140C and 140E were inserted by section 121 of and paragraph 4 of Schedule 12 to the Housing Act 1996; section 140B was amended by section 10 of, paragraph 7 of Schedule 1 and Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c. 47); Section 140C(4) gives it retrospective effect.
[^f00003]: 1996 c. 52; section 189(3) to (7) of the Social Security Administration Act is applied to paragraph 5 of Schedule 12 to the Housing Act by paragraph 5(3) of that Schedule.
[^f00004]: Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.
[^f00005]: 1972 c. 70; sections 1 and 2 of the Local Government (Wales) Act 1994 (c. 19) substituted sections 20 and 21 of the Local Government Act 1972 and made other consequential amendments to that Act.
[^f00006]: 1994 c. 59.
[^f00007]: S.I. 1995/531; amended by S.I. 1996/547.
[^f00008]: Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52).
[^f00009]: S.I. 1989/607.
[^f00010]: S.I. 1990/785.
[^f00011]: S.I. 1991/587.
[^f00012]: S.I. 1992/739.
[^f00013]: S.I. 1993/935.
[^f00014]: S.I. 1994/523.
[^f00015]: S.I. 1995/872.
[^f00016]: S.I. 1996/1217.
[^f00017]: S.I. 1997/1004.
[^f00018]: 1972 c. 70.
[^f00019]: 1973 c. 65.
[^f00020]: S.I. 1987/1967; relevant amending instruments are S.I. 1988/663, 1445, 2022, 1989/1678, 1992/3147 and 1993/2119.
[^f00021]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546; relevant amending instrument is S.I. 1995/560.
[^f00022]: 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.
[^f00023]: S.I. 1992/1814, amended by S.I. 1993/349, 688, 963, 1150, 1249, 1540, 2118, 1994/470, 578, 1925, 2137 and 3061, 1995/511, 559, 560, 625, 626, 1339, 1742, 2303, 3282, 1996/30, 462, 1510, 2006, 2432, 2518, 1997/65, 852, 1671, 1790, 1841, 2434 and 2676.
[^f00024]: 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, 2147, 1993/317, 518, 963, 1150, 1249, 1540, 2118, 1994/470, 578, 1003, 2137, 3061, 1995/511, 559, 560, 625, 626, 1339, 1644, 1742, 2303, 2868, 3282, 1996/30, 194, 462, 965, 1510, 1944, 2006, 2432, 2518, 1997/65, 85, 852, 1671, 1790, 1974, 1975, 2197, 2434, 2435, 2619 and 2676.
[^f00025]: See the meaning of “relevant benefit” in section 140B(2) of the Social Security Administration Act 1992, inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52).
[^f00026]: S.I. 1997/1984.
[^f00027]: S.I. 1997/1995.
[^f00028]: S.I. 1995/1642, amended by S.I. 1995/2365, 3148, 1996/959, 1997/1000 and 1984.
[^f00029]: S.I. 1995/1643, amended by S.I.1995/2361, 3185, 1996/975, 1997/1003 and 1995.
[^f00030]: 1992 c. 4; amended by the Local Government Finance Act 1992 (c. 14), Schedule 9, paragraph 1(1).
[^f00031]: Regulation 91 was amended by S.I. 1995/2868.
[^f00032]: 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.
[^f00033]: 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.
[^f00034]: Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996.
[^f00035]: Section 140B was inserted by paragraph 4 of Schedule 12 to the Housing Act 1996; subsection (4A) was inserted by section 10 of the Social Security Administration (Fraud) Act 1997 (c. 47).
[^f00036]: Regulations 72(15) and 62(16) were amended by S.I. 1996/462.
[^f00037]: Regulation 10(1) was amended by S.I. 1988/1971.
[^f00038]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546; paragraph 3 was substituted by S.I. 1995/2868 and paragraph 11A was inserted by S.I. 1992/432 and amended by S.I. 1997/852.
[^f00039]: 1977 c. 42.
[^f00040]: 1984 c. 58.
[^f00041]: Regulation 91 was amended by S.I. 1995/2868.
[^f00042]: 1985 c. 68, repealed by the Housing Act 1996, Schedule 19 Part VIII, but remains in force for applications made before 20/1/97.
[^f00043]: 1996 c. 52.
[^f00044]: 1987 c. 26.
[^f00045]: Section 111A was inserted by section 13 of the Social Security Administration (Fraud) Act 1997 (c. 47).
[^f00046]: Regulation 75 was amended by S.I. 1990/546.
[^f00047]: Regulation 72(15) was amended by S.I. 1996/462.
[^f00048]: Regulation 62(16) was amended by S.I. 1996/462.
[^f00049]: Regulation 66 was amended by S.I. 1988/1971, 1989/1322 and 1996/1510.
[^f00050]: Regulation 57 was amended by S.I. 1996/1510.
[^f00051]: 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.
[^f00052]: 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).
[^f00053]: Paragraph (2) of regulation 61 was inserted by S.I. 1994/578 and paragraph (3) by S.I. 1995/1644.
[^f00054]: Regulations 51(5) and 54(4) were added by S.I. 1994/2137.
[^f00055]: S.I. 1989/1322.
[^f00056]: S.I. 1988/1890, amended by S.I. 1989/43, 361, 972 and 1990/127.
[^f00057]: Regulation 62(16) was amended by S.I. 1996/462.
[^f00058]: Head (iii) was added to sub-paragraph 1(f) as from 18th August 1997 by S.I. 1997/1974, but will, by regulation 3 of that instrument, cease to have effect on 31st October 1998.
[^f00059]: Includes 1m funding for London Organised Fraud Investigation Team pursuant to section 140E of the Act (added by Schedule 12, para 4 to the Housing Act 1996).
[^f00060]: Schedule 5A was added to each of those Regulations by S.I. 1996/194 and each was amended by S.I. 1997/1790.
[^f00061]: Paragraph (4) of regulation 76 was added by S.I. 1996/194.
[^f00062]: Paragraph (4) of regulation 66 was added by S.I. 1996/194.
[^f00063]: Regulation 66 was amended by S.I. 1988/1971, 1989/1322 and 1996/1510.
[^f00064]: Regulation 57 was amended by S.I. 1996/1510.
[^f00065]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546; relevant amendments are S.I. 1993/317, 1995/560 and 1996/965.
[^f00066]: Schedule 1A was inserted by regulation 12 of S.I. 1990/546 and paragraph 2 was amended by S.I. 1991/235, 1993/317, 1249, 1995/560, 1996/965 and 1997/852.
[^f00067]: Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566.
[^f00068]: Paragraph (2) was added by regulation 3(b) of S.I. 1989/566.
[^f00069]: Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852, but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852.
[^f00070]: Regulation 91 was amended by S.I. 1995/2868.
[^f00071]: Regulation 99 was amended by S.I. 1988/1843, 1991/234, 1991/1599 and 1997/65.
[^f00072]: Regulation 12A was added by S.I. 1990/546 and paragraph 8 was amended by S.I. 1993/317.
[^f00073]: Regulation 68 was amended by S.I. 1990/546, 1992/432 and 1994/578.
[^f00074]: Paragraph 1A was inserted by S.I. 1988/1944 and amended by S.I. 1989/416, 1991/235, 1993/317, 1996/599 and 1997/65.
[^f00075]: Paragraph 1 was amended by S.I. 1988/1444, 1991/1599, 1994/1003 and 1997/1974.
[^f00076]: These paragraphs were all amended by S.I. 1996/1510.
[^f00077]: S.I. 1987/1967; the definition of “benefit week” was added by S.I. 1988/1445.
[^f00078]: S.I. 1987/1968; regulation 24 was substituted by regulation 9 of S.I. 1994/2943.
[^f00079]: S.I. 1996/207; the definition of “benefit week” was amended by S.I. 1996/1517 and 2538.
[^f00080]: The relevant amendments are S.I. 1991/2741 and 1994/3196.
Electronic communications
3A
- (1) The Secretary of State, an authority a reporting accountant or an auditor may use an electronic communication in connection with any claim, test, audit or payment of subsidy provided it is made in accordance with the provisions set out in Part 2 of Schedule 6.
- (2) Any reference to an electronic communication in this Order means an electronic communication made in accordance with those provisions.
- (3) Schedule 6 makes further provisions relating to electronic communications.
Requirement of claim
Requirement to keep records and provide information
Requirement of audit
Final condition for the payment of subsidy
In year instalments of subsidy
Payment of subsidy before audit complete
8A
- (1) Where an authority has submitted the final claim by the due date in accordance with article 4(2)(c) but the claim has not yet been tested in accordance with article 5A or audited in accordance with article 6 and—
- (a) the Secretary of State estimates that the final subsidy will exceed the amount of interim subsidy that was paid to the authority in the relevant year, taking account of any withholding, reducing or deducting of subsidy by him, following the test or audit of that authority’s final claim, he may pay subsidy in accordance with paragraph (2); or
- (b) the Secretary of State estimates that the interim subsidy that was paid to the authority in the relevant year will exceed the amount of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the test or audit of that authority’s final claim, he may withhold or deduct subsidy in accordance with paragraph (2).
- (2) The amounts that may be paid to, withheld or deducted from an authority under paragraph (1) shall be equal to the amount which the Secretary of State estimates is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the test or audit of that authority’s final claim.
Payment of subsidy for the relevant year
Transitional Protection Adjustments
9A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Estimating subsidy
Disproportionate rent increase – Wales
15A
- (1) Subject to paragraphs (5) to (7), in the case of an authority in Wales 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 that paragraph 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) 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; or
- (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 paragraph (2) for the year immediately preceding the relevant year, for that authority had a value which was zero or less than zero.
- (6) Where the relevant year is the year beginning on 1st April 2004—
- (a) paragraph (3)(a) shall have effect as if, for the words from “the proportion” to “the relevant year” there were substituted “equal to the value of G calculated for that authority for the purposes of paragraph 6.5.1 of the 2003-04 Determination;”; and
- (b) paragraph (5)(b)(ii) shall have effect as if, for the words from “average” to “relevant year” there were substituted “value of G calculated for the purposes of paragraph 6.5.1 of the 2003-04 Determination”.
- (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—
- “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;
- “2003-04 Determination” means the Housing Revenue Account Subsidy (Wales) Determination 2003-04;
- “final date” means the last day of the relevant year;
- “initial date” means the day before the first day of the relevant year; and
- “rent” means either—the payments specified in sub-paragraphs (a) to (i) in paragraph (1) of regulation 12 of the Housing Benefit Regulations or, as the case may be, regulation 12 of the Housing Benefit (State Pension Credit) Regulations (rent); 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
Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation
Subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation
17A
- (1) This article applies where—
- (a) a rent rebate is payable by an authority;
- (b) a person (“P”) is required to pay the authority—
- (i) for self-contained accommodation which the authority has a right to use under an agreement, other than a lease, with a third party;
- (ii) in England, for accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years; or
- (iii) in Wales and Scotland, for accommodation which the authority holds on a lease; and
- (c) the authority makes the accommodation available to P—
- (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 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated.
- (3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
- (4) For the purposes of determining the applicable local housing allowance in paragraph (3)—
- (a) for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and
- (b) for accommodation which is self-contained—
- (i) where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and
- (ii) where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.
Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodation
17B
- (1) This article applies where—
- (a) a rent allowance is payable by an authority;
- (b) a person (“P”) is required to pay a registered housing association for—
- (i) board and lodging accommodation; or
- (ii) accommodation which is not self-contained and which the registered housing association has a right to use under an agreement, other than a lease, with a third party; and
- (c) the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—
- (i) to discharge any of the authority’s 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; and
- (d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.
- (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;
- (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.
Subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation
17C
- (1) This article applies where—
- (a) a rent allowance is payable by an authority; and
- (b) a person (“P”) is required to pay a registered housing association for—
- (i) accommodation which is not self-contained and which the registered housing association owns or holds on a lease; or
- (ii) accommodation which is self-contained; and
- (c) the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—
- (i) to discharge any of the authority’s 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; and
- (d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.
- (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;
- (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 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated.
- (4) For the purposes of determining the applicable local housing allowance in paragraph (3)—
- (a) for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and
- (b) for accommodation which is self-contained—
- (i) where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and
- (ii) where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.
Additions to subsidy
Deductions to be made in calculating subsidy
Deduction from subsidy
Deductions from subsidy for rebate for dwellings within the Housing Revenue Account: authorities in Wales
20A
- (1) Paragraph (2) applies in relation to an authority in Wales.
- (2) Where paragraph 2 of Schedule 4A applies, the deduction from subsidy referred to in article 13(1) shall be calculated in accordance with paragraph 3 of that Schedule.
Additions to and deductions from subsidy in respect of benefit savings
Rent officers' property-specific rent and claim-related rent
Schedule 4A — Rent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales
PART 1 — INTERPRETATION
1
In this Schedule—
- “HRA” means the Housing Revenue Account of the authority the amount of whose subsidy is under consideration;
- “rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations, other than a payment specified in regulation 12(1)(e).
PART 2 — ENGLAND
Liability to deduction
2
- (1) This paragraph applies in relation to the relevant year if—
- (a) the authority is specified in the Table in paragraph 4 for that year, and
- (b) O + P is less than Q where—
- “O” is the amount specified in column 1 of that Table for the authority;
- “P” is the guideline rent increase specified in column 2 of that Table for the authority;
- “Q” is the average weekly rent for a dwelling for the authority for the relevant year.
- (2) For the purposes of determining Q in sub-paragraph (1)(b), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA, disregarding any unoccupied dwelling.
Amount of deduction
3
- (1) The amount of the deduction from subsidy referred to in article 20A(2) is to be calculated as follows—
- Step 1Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the HRA by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.
- Step 2If the result of Step 1—does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—deduct (O + P) from Q (see paragraph 2);divide the result of paragraph (a)(i) by Q;multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (a)(ii));exceeds the rebate proportion for the relevant year—deduct (O + P) from Q (see paragraph 2);divide the result of paragraph (b)(i) by Q;divide the rebate proportion (see sub-paragraph (2)) by the result of Step 1;multiply the result of paragraph (b)(ii) by the result of paragraph (b)(iii);multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b)(iv).
- (2) The rebate proportion for the purposes of sub-paragraph (1) for the relevant year beginning with 1st April 2025 is 0.369.
PART 3 — WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND
| Authority | Weekly rent limit (£) |
|---|---|
| Adur | 92.74 |
| Arun | 89.61 |
| Ashfield | 67.35 |
| Ashford | 88.34 |
| Babergh | 88.19 |
| Barking and Dagenham | 96.76 |
| Barnet | 106.92 |
| Barnsley | 73.76 |
| Barrow-in-Furness | 74.11 |
| Basildon | 86.68 |
| Bassetlaw | 71.55 |
| Birmingham | 81.75 |
| Blackpool | 70.38 |
| Bolsover | 80.74 |
| Bournemouth, Christchurch and Poole | 83.28 |
| Brent | 114.56 |
| Brentwood | 93.42 |
| Brighton and Hove | 83.33 |
| Bristol | 80.06 |
| Broxtowe | 73.44 |
| Bury | 75.66 |
| Cambridge | 101.68 |
| Camden | 119.96 |
| Cannock Chase | 74.65 |
| Canterbury | 87.18 |
| Castle Point | 87.23 |
| Central Bedfordshire | 100.47 |
| Charnwood | 73.36 |
| Cheltenham | 79.32 |
| Cheshire West and Chester | 81.37 |
| Chesterfield | 78.70 |
| City of London | 105.18 |
| City of York | 78.33 |
| Colchester | 86.43 |
| Corby | 77.80 |
| Cornwall | 70.08 |
| Crawley | 101.89 |
| Croydon | 104.75 |
| Dacorum | 107.05 |
| Darlington | 70.29 |
| Dartford | 88.91 |
| Derby | 77.72 |
| Doncaster | 72.31 |
| Dover | 83.22 |
| Dudley | 81.68 |
| Ealing | 100.33 |
| East Devon | 80.67 |
| East Riding of Yorkshire | 78.26 |
| East Suffolk | 79.55 |
| Eastbourne | 78.54 |
| Enfield | 100.09 |
| Epping Forest | 98.19 |
| Exeter | 74.33 |
| Fareham | 89.79 |
| Folkestone and Hythe | 83.18 |
| Gateshead | 75.55 |
| Gosport | 82.77 |
| Gravesham | 88.55 |
| Great Yarmouth | 73.91 |
| Greenwich | 101.95 |
| Guildford | 109.37 |
| Hackney | 99.78 |
| Hammersmith and Fulham | 114.73 |
| Haringey | 105.15 |
| Harlow | 90.95 |
| Harrogate | 79.68 |
| Harrow | 112.41 |
| Hartlepool | 99.62 |
| Havering | 95.42 |
| High Peak | 72.27 |
| Hillingdon | 107.95 |
| Hinckley and Bosworth | 77.46 |
| Hounslow | 101.42 |
| Ipswich | 81.21 |
| Islington | 120.97 |
| Kensington and Chelsea | 126.61 |
| Kettering | 80.44 |
| Kingston upon Hull | 74.19 |
| Kingston upon Thames | 110.84 |
| Kirklees | 68.93 |
| Lambeth | 107.73 |
| Lancaster | 76.32 |
| Leeds | 73.45 |
| Leicester | 70.93 |
| Lewes | 88.40 |
| Lewisham | 95.33 |
| Lincoln | 67.96 |
| Luton | 85.60 |
| Manchester | 73.88 |
| Mansfield | 72.29 |
| Medway Towns | 80.94 |
| Melton | 76.24 |
| Mid Devon | 77.70 |
| Mid Suffolk | 81.36 |
| Milton Keynes | 84.82 |
| New Forest | 98.28 |
| Newark and Sherwood | 77.11 |
| Newcastle upon Tyne | 74.33 |
| Newham | 97.10 |
| North East Derbyshire | 80.33 |
| North Kesteven | 75.73 |
| North Tyneside | 75.67 |
| North Warwickshire | 86.86 |
| North West Leicestershire | 78.16 |
| Northampton | 82.19 |
| Northumberland | 67.56 |
| Norwich | 78.40 |
| Nottingham | 74.09 |
| Nuneaton and Bedworth | 77.25 |
| Oadby and Wigston | 78.35 |
| Oldham | 82.05 |
| Oxford City | 107.80 |
| Portsmouth | 83.94 |
| Reading | 103.81 |
| Redbridge | 101.56 |
| Redditch | 77.18 |
| Richmondshire | 76.79 |
| Rotherham | 75.00 |
| Rugby | 85.62 |
| Runnymede | 109.15 |
| Salford | 82.92 |
| Sandwell | 80.42 |
| Sedgemoor | 76.77 |
| Selby | 77.43 |
| Sheffield | 71.03 |
| Shropshire | 80.54 |
| Slough | 105.09 |
| Solihull | 81.26 |
| Somerset West and Taunton | 81.37 |
| South Cambridgeshire | 105.84 |
| South Derbyshire | 78.98 |
| South Holland | 74.82 |
| South Kesteven | 77.81 |
| South Tyneside | 74.47 |
| Southampton | 83.87 |
| Southend-on-Sea | 84.89 |
| Southwark | 106.80 |
| St Albans | 112.61 |
| Stevenage | 96.83 |
| Stockport | 73.80 |
| Stoke-on-Trent | 69.65 |
| Stroud | 81.52 |
| Sutton | 105.86 |
| Swindon | 81.90 |
| Tamworth | 79.33 |
| Tandridge | 97.19 |
| Tendring | 82.93 |
| Thanet | 80.02 |
| Thurrock | 85.01 |
| Tower Hamlets | 109.61 |
| Uttlesford | 97.43 |
| Waltham Forest | 100.93 |
| Wandsworth | 123.52 |
| Warwick | 92.68 |
| Waverley | 113.30 |
| Wealden | 83.77 |
| Welwyn Hatfield | 106.96 |
| West Lancashire | 75.29 |
| Westminster | 123.75 |
| Wigan | 76.07 |
| Wiltshire | 87.15 |
| Winchester | 100.29 |
| Woking | 103.09 |
| Wokingham | 114.08 |
| Wolverhampton | 78.84. |
PART 4 — WALES
Liability to deduction
4
The amounts for the relevant year beginning on 1st April 2025 for the purposes of paragraph 2 are as follows—
| Local authority | (1) Specified amount “O” (£) | (2) Guideline rent increase “P” (£) |
|---|---|---|
| Caerphilly County Borough Council | 121.35 | 3.58 |
| Cardiff City Council | 136.94 | 3.78 |
| Carmarthenshire County Council | 120.50 | 3.41 |
| Denbighshire County Council | 121.63 | 3.18 |
| Flintshire County Council | 127.12 | 5.04 |
| Isle of Anglesey County Council | 122.29 | 4.96 |
| Pembrokeshire County Council | 123.35 | 4.51 |
| Powys County Council | 124.51 | 3.83 |
| Swansea City Council | 122.24 | 3.01 |
| Vale of Glamorgan Council | 135.42 | 5.18 |
| Wrexham County Borough Council | 125.17 | 3.64 |
Amount of deduction
5
- (1) The amount of the deduction from subsidy referred to in article 20A(2) shall be calculated as follows.
- Step 1 Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.
- Step 2If the result of step 1 does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—deduct (O + P) from Q (see paragraph 4),divide the result of paragraph (a) by Q,multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b).If the result of step 1 exceeds the rebate proportion for the relevant year—deduct (O + P) from Q (see paragraph 4),divide the result of paragraph (i) by Q,divide the rebate proportion for Wales (see sub-paragraph (2)) by the result of step 1,multiply the result of paragraph (ii) by the result of paragraph (iii),multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (iv).
- (2) The rebate proportion for the purposes of sub-paragraph (1) for each relevant year commencing with 2020–21 is 0.574.
PART 5 — AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES
| Local authority | (1) Specified amount “O” (£) | (2) Guideline rent increase “P” (£) |
|---|---|---|
| Caerphilly | 95.77 | 4.38 |
| Cardiff | 107.42 | 4.82 |
| Carmarthenshire | 95.29 | 4.36 |
| Denbighshire | 93.07 | 4.42 |
| Flintshire | 96.54 | 4.53 |
| Isle of Anglesey | 92.20 | 4.48 |
| Pembrokeshire | 96.09 | 4.23 |
| Powys | 97.15 | 4.42 |
| Swansea | 94.25 | 4.48 |
| Vale of Glamorgan | 103.94 | 4.63 |
| Wrexham | 95.45 | 4.46. |
SCHEDULE 6 — ELECTRONIC COMMUNICATIONS
PART 1 — INTERPRETATION
Interpretation
1
In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.
PART 2 — ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS
Conditions for the use of electronic communications
2
- (1) An authority, reporting accountant or auditor must use an approved method of—
- (a) electronic communication;
- (b) authenticating the identity of the sender of the communication;
- (c) authenticating any claim or return delivered by means of an electronic communication; and
- (d) submitting to the Secretary of State any claim or return.
- (2) An authority, reporting accountant or auditor must submit any claim or return by means of an electronic communication in an approved form.
- (3) Where a claim or return is submitted electronically but not in accordance with the conditions specified in this paragraph, that claim or return shall be treated as not having been submitted.
- (4) In this paragraph “approved” means approved by means of a direction given by the Secretary of State.
Use of intermediaries
3
The Secretary of State may—
- (a) use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and
- (b) require authorities, reporting accountants or auditors to use intermediaries in connection with those matters.
PART 3 — ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS
Effect of delivering information by means of electronic communication
4
- (1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—
- (a) by or under this Schedule; and
- (b) by or under Part II of this Order
are satisfied.
- (2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
- (3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of identify of sender or recipient of information
5
For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.
Proof of delivery of information
6
- (1) For the purpose of any legal proceedings, it shall be presumed that—
- (a) if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;
- (b) if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;
- (c) any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.
Proof of content of information
7
For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system.
SCHEDULE 7 — Authorities in London
| Barking and DagenhamBarnetBexleyBrentBromleyCamdenCity of LondonCroydonEalingEnfieldGreenwichHackneyHammersmith and FulhamHaringeyHarrowHaveringHillingdonHounslowIslingtonKensington and ChelseaKingston upon ThamesLambethLewishamMertonNewhamRedbridgeRichmond upon ThamesSouthwarkSuttonTower HamletsWaltham ForestWandsworthWestminster |
|---|
SCHEDULE 8 — Broad rental market areas in London
| Central London |
|---|
| Inner East London |
| Inner North London |
| Inner South East London |
| Inner South West London |
| Inner West London |
| Outer South West London |
Editorial notes
[^c1665522]: See section 189(8) of the Social Security Administration Act 1992 (c.5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c.52).
[^c1665523]: 1992 c.5 ; sections 140B, 140C and 140E were inserted by section 121 of and paragraph 4 of Schedule 12 to the Housing Act 1996; section 140B was amended by section 10 of, paragraph 7 of Schedule 1 and Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c.47) ; Section 140C(4) gives it retrospective effect.
[^c1665524]: 1996 c.52 ; section 189(3) to (7) of the Social Security Administration Act is applied to paragraph 5 of Schedule 12 to the Housing Act by paragraph 5(3) of that Schedule.
[^c1665525]: Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.
[^c1665526]: 1972 c.70 ; sections 1 and 2 of the Local Government (Wales) Act 1994 (c.19) substituted sections 20 and 21 of the Local Government Act 1972 and made other consequential amendments to that Act.
[^c1665527]: 1994 c.59 .
[^c1665528]: S.I. 1995/531 ; amended by S.I. 1996/547 .
[^c1665530]: S.I. 1989/607 .
[^c1665531]: S.I. 1990/785 .
[^c1665532]: S.I. 1991/587 .
[^c1665533]: S.I. 1992/739 .
[^c1665534]: S.I. 1993/935 .
[^c1665535]: S.I. 1994/523 .
[^c1665536]: S.I. 1995/872 .
[^c1665537]: S.I. 1996/1217 .
[^c1665538]: S.I. 1997/1004 .
[^c1665540]: 1973 c.65 .
[^c1665541]: S.I. 1987/1967 ; relevant amending instruments are S.I. 1988/663 , 1445, 2022, 1989/1678, 1992/3147 and 1993/2119.
[^c1665546]: See the meaning of “relevant benefit" in section 140B(2) of the Social Security Administration Act 1992, inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52).
[^c1665547]: S.I. 1997/1984 .
[^c1665548]: S.I. 1997/1995 .
[^c1665549]: S.I. 1995/1642 , amended by S.I. 1995/2365 , 3148, 1996/959, 1997/1000 and 1984.
[^c1665550]: S.I. 1995/1643 , amended by S.I.1995/2361 , 3185, 1996/975, 1997/1003 and 1995.
[^c1665552]: Regulation 91 was amended by S.I. 1995/2868 .
[^c1665557]: Regulations 72(15) and 62(16) were amended by S.I. 1996/462 .
[^c1665572]: 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 .
[^c1665573]: 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) .
[^c1665588]: Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566 .
[^c1665589]: Paragraph (2) was added by regulation 3(b) of S.I. 1989/566 .
[^c1665590]: Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852 , but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852 .
[^key-7a8d81a32fc5d01ab374f9d3581a7313]: Words in art. 2 omitted (14.12.1998) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 1998 (S.I. 1998/2865) , arts. 1(1) , 2
[^key-c13944e1d7bd28b2ce26ee85d93394f0]: Art. 5 substituted (14.12.1998) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 1998 (S.I. 1998/2865) , arts. 1(1) , 3
[^key-adc3a9543a7c3126817da6b456c3bb63]: Words in art. 11(1) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(1)
[^key-118b9bd037379b00f0b49c2e7a6c1573]: Art. 13(1) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(2)
[^key-0d6b10e9d0eaef69d39c2cdb1d8b9a4d]: Art. 18(1)(b) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(3)
[^key-d75d1fa09337de32759914a78addc7b8]: Words in art. 18(8) substituted (10.5.2000 with effect in accordance with art. 1(3)) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2000 (S.I. 2000/1091) , arts. 1 , 4(6)
[^key-58ad9cb5e4a67b962a1295acaba6d483]: Words in art. 14(1) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 3
[^key-0dc0a538469c519e4a6abd949a7aab23]: Words in art. 15(4) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 3
[^key-0cfd5932daf26f701aa205eb28fe6f7a]: Words in art. 16(1) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 3
[^key-79aa9fe0c50386757fc1a8e0664298e3]: Sch. 4 para. 7 substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(2)
[^key-251cdce25667fc75a3351775b023dc2c]: Sch. 4 para. 8(1) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(3)
[^key-e44545d1fe97e16b84460fc0d48dcbd1]: Sch. 4 para. 12(e) substituted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(5)
[^key-1432b7d78e0d45437d92c11f72007ac2]: Words in Sch. 4 para. 17 omitted (25.7.2001) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(a)
[^key-267e06e91419a62ede3b4d8518cb2986]: Words in Sch. 4 para. 17 inserted (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(b)
[^key-a80caeaac25f5b1552dcd398d98bafef]: Words in Sch. 4 para. 17 added (25.7.2001) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001 (S.I. 2001/2350) , arts. 1(1) , 7(6)(c)
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