The Income-related Benefits (Subsidy to Authorities) Amendment Order 2009

Made: 13th January 2009

Laid before Parliament: 19th January 2009

Coming into force: 10th March 2009

In accordance with section 176(1) of that Act the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned[^f00003].

Citation, interpretation and commencement

1

• (1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2009 and shall come into force on 10th March 2009.

• (2) In this Order, “the 1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998[^f00004].

• (3) Article 2 shall have effect from 1st April 2007 and article 3 shall have effect from 1st April 2008.

Amendment of Part 2 of the 1998 Order

2

In article 6(1)(a)[^f00005] of the 1998 Order (requirement of audit) for “31st December” substitute “30th November”.

Substitution of Schedule 1 to the 1998 Order

3

For Schedule 1 to the 1998 Order (sums to be used in the calculation of subsidy)[^f00006] substitute the Schedule set out in the Schedule to this Order.

SCHEDULE — SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE 1998 ORDER

Signed

Signed by authority of the Secretary of State for Work and Pensions.

Kitty Ussher — Parliamentary Under-Secretary of State, — Department for Work and Pensions — 12th January 2009

We consent

Frank Roy — Tony Cunningham — Two of the Lord Commissioners of Her Majesty’s Treasury — 13th January 2009

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998, (“the 1998 Order”), which provides for the calculation and payment of housing benefit and council tax benefit subsidy to local authorities in England, Wales and Scotland which administer those benefits. Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992 authorise the making or varying of an Order before, during or after the year to which it relates.

Article 2 amends Part 2 of the 1998 Order, which is concerned with claims for and payment of subsidy. It amends article 6(1)(a) (requirement of audit). It changes the date by which authorities must ensure that their final subsidy claim is audited by their auditor from 31st December in each year to 30th November. This change has effect from 1st April 2007.

Article 3 substitutes Schedule 1 to the 1998 Order. It substitutes the figures to be used in the calculation of subsidy which are outlined in the Schedule to this Order, for those in Schedule 1 to the 1998 Order. This change has effect from 1st April 2008.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors. There is no additional impact on the public sector.

Footnotes

[^f00001]: 1992 c.5. Sections 140B, 140C and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52). Section 140B was amended by section 10 of, and paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c.47), paragraph 36 of Schedule 7 to the Local Government Act 2003 (c.26) and paragraph 9 of Schedule 5 to the Welfare Reform Act 2007 (c.5). Section 189(1) and (4) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c.14); section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) and Schedule 6 to the Tax Credits Act 2002 (c.21); section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c.14) and paragraph 10 of Schedule 1 to the Social Security Administration (Fraud) Act 1997.

[^f00002]: Section 189(8) was amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996, paragraph 29 of part 5 of Schedule 1 to the Pensions Act 2007 (c.22), paragraph 57(1) and (3) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and paragraph 3 of Schedule 4 to the Tax Credits Act 2002.

[^f00003]: Section 176(1) was amended by paragraph 23 of Schedule 9 to the Local Government Finance Act 1992 and section 69(6) of the Child Support, Pensions and Social Security Act 2000 (c.19) and paragraph 3(4) of Schedule 13 to the Housing Act 1996.

[^f00005]: Paragraph 1 was amended by S.I. 2004/646 and S.I. 2007/26.

[^f00006]: S.I. 1998/562. Schedule 1 was substituted by S.I. 1999/550, 2000/1091, 2001/2350, 2002/1859, 2003/3179, 2005/369, 2006/54, 2007/26, 2008/196 and 2008/1649.