The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

• Citation: S.I. 1991/587
• Sections: 53

Section 1 Citation, commencement and interpretation

(1) This Order which may be cited as the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 shall come into force on 1st April 1991.

(2) In this Order, reference to a numbered article or Schedule is to the article in, or Schedule to this Order bearing that number and, unless the context otherwise requires, reference in an article or a Schedule to a numbered paragraph is to the paragraph bearing that number in that article or that Schedule.

Section 2 Interpretation

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

“ the Act ” means the Social Security Act 1986;

“allowance” means a rent allowance;

“authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;

“board and lodging accommodation” means—

accommodation provided for a change 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; or

accommodation 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 12A of the Housing Benefit Regulations .

“housing benefit subsidy” means subsidy under section 30(1) or (1A) of the Act (rate rebate, rent rebate, rent allowance and community charge rebate subsidy) ;

“rebate” means a rent, rate or community charge rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates ;

“relevant date” has the same meaning as in Schedule 5;

“relevant year” means the year ending 31st March 1991;

“scheme” means the housing benefit scheme as defined in section 28 of the Act;

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987 ;

“the Rent Officers Order ” means the Rent Officers (Additional Functions) Order 1990 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990 ;

“the Scottish Regulations ” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988 ;

“termination date” has the same meaning as in Schedule 5;

and other expressions shall have the same meaning as in the Housing Benefit Regulations or, as the case may be, the Scottish Regulations;

(2) In this Part of this Order—

“housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less—

the deductions specified in article 13; and

where, under sub-section (6) of section 28 of the Act (arrangements for hosing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.

Section 3 Amount of housing benefit subsidy

The amount of an authority’s housing benefit subsidy for the relevant year—

(a) for the purposes of section 30(2) of the Act (subsidy in respect of rebates or allowances) shall be the amount or total of the amounts calculated in accordance with article 4;

(b) for the purposes of section 30(3) of he Act (subsidy in respect of the costs of administering housing benefit) may include an additional sum in respect of the cost of administering housing benefit calculated in accordance with Schedule 1.

Section 4 Rebates and allowances

(1) For the purposes of section 30(2) of the Act, an authority’s housing benefit subsidy for the relevant year shall, subject to paragraph (2), be—

(a) in the case of an authority to which articles 5, 6, 7, 8, 9, 10 and 11 do not apply, 97 per cent. of its housing benefit qualifying expenditure;

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

(i) 97 per cent. of so much of its housing benefit qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expendture attributable to the rebates or allowances to which each of those articles which is relevant applies; plus

(ii) the appropriate amount calculated in respect of the rebates or allowances under each such article,

plus in each case, the addition where applicable, under article 12.

(2) Where the authority is the Scottish Homes or a new town corporation in Scotland, its housing benefit subsidy for the relevant year shall include a further sum being—

(a) in the case of an authority to which sub-paragraph (a) of paragraph (1) applies, 3.5 per cent. of its housing benefit qualifying expenditure but subject to the relevant maximum specified in column (2) of Schedule 3; or

(b) in the case of an authority to which sub-paragraph (b) of paragraph (1) applies, 3.5 per cent. of so much of its housing benefit qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the relevant maximum specified in column (2) of Schedule 3.

Section 5 Backdated payments

(1) Subject to paragraph (2), where—

(a) during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made), treated any claim for a rebate or allowance as made on a day earlier than that on which it is made; and

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

for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the housing benefit qualifying expenditure so attributable.

(2) This article shall not apply in a case to which article 9 applies.

Section 6 Disproportionate rent increase

(1) Subject to paragraphs (5) and (6), where the average rent increase of an authority’s Category A tenants is greater than the average rent increase of their Category B tenants, for the purposes of article 4(1)(b)(ii), the appropriate amount for such part of the housing benefit qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be 25 per cent of that portion of the housing benefit qualifying expenditure as is determined in accordance with paragraph (3).

(2) For the purposes of paragraph (1), the average rent increase shall be determined by comparing the average rent of Category A tenants or, as the case may be, Category B tenants on the first relevant date with their average rent on the second relevant date.

(3) For the purposes of paragraph (1), the portion of the housing benefit qualifying expenditure shall be determined in accordance with the formula—

Where—

A is the total of rent rebates granted by the authority to Category A tenants and other tenants during the relevant year but shall not include any amount of expenditure attributable to rebates awarded in respect of amounts paid under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accomodation;

B is the amount calculated in accordance with the formula—

C is the amount calculated in accordance with the formula—

D is the average rent for Category B tenants on the second relevant date;

E is the average rent for Category B tenants on the first relevant date;

F is the average rent for Category A tenants on the second relevant date;

G is the average rent for Category A tenants on the first relevant date.

(4) In this article—

“average” means the arithmetic mean;

“Category A tenants” means tenants of the authority who on the first and second relevant dates are in receipt of rent rebates and reside at the same address on both dates, but shall not include a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;

“Category B tenants” means tenants of the authority who are not in receipt of rent rebates on the first and second relevant dates but reside at the same address on both dates, but shall not include a person required to pay an amount to an authority under section 35(2)(b) of the Housing (Scotland) Act 1987 for accommodation which is board and lodging accommodation;

“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority occurring in March 1989; and

“second relevant date” means the same date occurring in March 1991 but if that date falls in a rent free period the nearest date in March 1991 to that date which is not in a rent free period;

“rent” means either—

the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent); or

the eligible rent,

as the authority may determine, provided that wherever the expression “rent” occurs in paragraphs (1) to (3) it has the same meaning throughout.

(5) This article shall not apply in a case to which article 9 applies.

(6) In England and Wales this article shall only apply to rent rebate expenditure granted by new town corporations and the Development Board for Rural Wales.

Section 7 Treatment of high rents

(1) Subject to paragraphs (3) and (4), where any part of the housing benefit qualifying expenditure of an authority within an area listed in column 1 of Schedule 4 is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column 2 of that Schedule, for the purposes of article 4(1)(b)(ii), the appropriate amount in respect of that allowance shal be calculated in accordance with paragraph (2).

(2) Where paragraph (1) applies—

(a) if the allowance granted is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance.

(b) if the allowance granted is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the housing benefit qualifying expenditure attributable to such allowance which is equal to the excess, and 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.

(3) Paragraph (1) shall not apply to an allowance payable by an authority in respect of rents which exceed the threshold—

(a) which are registered in respect of a dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI, or VII of the Rent (Scotland) Act 1984 or which have been determined by a rent assessment committee in respect of a dwelling under Part I of the Housing Act 1988 or Part II of the Housing (Scotland) Act 1988 ; or

(b) which have been referred to the rent officer under the Rent Act 1977 or the Rent (Scotland) Act 1984 but not registered by him because he is satisfied that the rent is at or below the fair rent level; or

(c) where the relevant tenancy is one to which, before 15th January 1989, the provisions of sections 56 to 58 of the Housing Act 1980 (assured tenancies) applied; or

(d) where the relevant dwelling is situated within the area of a housing action trust establishment under Part III of the Housing Act 1988 (Housing Action Trust Areas); or

(e) where the dwelling is an excluded tenancyby virtue of paragraphs 3 or 10 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies).

(4) This article shall not apply in a case to which article 8 or 9 applies.

Section 8 Rent officers' determinations

(1) Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 5.

(2) This article applies where—

(a) an authority applies to a rent officer for a determination to be made uder the Rent Officers Order in relation to dwelling; and

(b) the officer makes a determination under that Order.

(3) Except where paragraph (4) applies, this article applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for the determination.

(4) This article applies where—

(a) the dwelling (A) is in a hostel; and

(b) by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another 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 article, be treated as if it were a determination in respect of dwelling (A).

(5) This article applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (excluded tenancies) 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 article, be treated as if it were a determination made in respect of that tenancy.

(6) Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.

Section 9 Treatment of certain residential accommodation

Where any part of an authority’s housing benefit qualifying expenditure is attributable to rebates or allowances granted under the Social Security and Housing Benefits Act 1982 to persons in respect of accommodation provided under—

(a) sections 21 to 24 and 26 of the National Assistance Act 1948 (provision of accommodation); or

(b) section 21(1) of and paragraph 1 or 2 of Schedule 8 to the National Health Service Act 1977 (prevention, care and after-care); or

(c) section 59 of the Social Work (Scotland) Act 1968 (provision of residential and other establishments) where board is available to the claimant,

for the purposes of article 4(1)(b)(ii), the appropriate amount for the relevant year shall be 90 per cent. of the housing benefit qualifying expenditure so attributable.

Section 10 Homeless cases

(1) Where any part of an authority’s housing benefit qualifying expenditure is attributable to a rebate granted in respect of the amount which a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985 or section 35(2)(b) of the Housing (Scotland) Act 1987 , as the case may be, for board and lodging accomodation made available to that person, and the amount of weekly eligible rent exceeds the appropriate maximum amount specified in column (2) of Schedule 6 for the area in which the accommodation is situated, for the purposes of article 4(1)(b)(ii), the appropriate amount shall be—

(a) if the rebate granted is the same as or less than the difference between the weekly eligible rent and the appropriate maximum amount, nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebate;

(b) if the rebate granted is greater than the difference between the weekly eligible rent and the appropriate maximum amount, nil per cent. of that part of the housing benefit qualifying expenditure attributable to such rebate which is equal to the excess, and 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the balance.

(2) In paragraph (1) the appropriate maximum amount shall be determined in accordance with the formula

Where—

A is the weekly amount specified in column (2) of Schedule 6 for the area in which the accommodation is situated specified in column (1) of that Schedule;

B is the number equal to the number of persons aged 11 or over in respect of whom the accommodation has been made available; and

C is the product of £6.30 multiplied by the number equal to the number of persons aged under 11 in respect of whom the accommodation has been made available.

Section 11 Overpayment of rebates or allowances

(1) Where any part of an authority’s housing benefit qualifying expenditure is attributable to an overpayment of rebates or allowances made and discovered in the relevant year, for the purposes of article 4(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).

(2) The appropriate amount shall be—

(a) in the case of an overpayment caused by an error of the authority making the payment 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment; and

(b) in the case of an overpayment caused by official error, 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has not been recovered by the authority and nil per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment as has been recovered by the authority; and

(c) in the case of a technical overpayment, 15 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment for a period not exceeding 2 benefit weeks beginning on the benefit week after week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the housing benefit qualifying expenditure attributable to the overpayment; and

(d) in the case of any other overpayment, 25 per cent. of that part of the housing benefit qualifying expenditure attributable to the overpayment.

(3) In paragraph 2(b) “overpayment caused by official error” means an overpayment caused by a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment, acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97 of the Social Security Act 1975 (adjudication by adjudication officers, social security appeal tribunals and Commissioners) 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, act or omission.

(4) In paragraph (2)(c) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate being granted in advance and a change in circumstances reduces or eliminates entitlement to that rebate beginning on the benefit week following the week in which the change is disclosed to the authority.

(5) This article shall not apply to that part of any rebate or allowance to which paragraph 15 of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations or paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989 (time and manner in which claims are to be made) applies.

Section 12 Addition to housing benefit subsidy

(1) The addition referred to in article 4(1) shall be of the following amounts where—

(a) following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, 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 paragraph (2) during the relevant year it is discovered that an overpayment of rebate or allowance has been made in either or both the years ending 31st March 1989 and 31st March 1990, as the case may be , and an amount equal is to be deducted under article 13 in relation to that overpayment, an amount equal to—

(i) in the case of an overpayment caused by an error of the authority making the payment 15 per cent. of the overpayment;

(ii) in the case of an overpayment caused by official error within the meaning of article 11(3), 97 per cent. of so much of the overpayment as has not been recovered by the authority and nil per cent. of the overpayment which has been recovered by the authority; or

(iii) in the case of a technical overpayment within the meaning of article 11(4), 15 per cent. of the overpayment for a period not exceeding 2 benefit weeks, beginning on the benefit week after the week in which the change of circumstances is disclosed to the authority and thereafter nil per cent. of the overpayment;

(iv) in the case of any other overpayment, 25 per cent. of the overpayment.

(2) The amount under paragraph (1)(b) shall not include an amount in relation to an overpayment of community charge rebate made in the year ending 31st March 1990 but discovered in the relevant year as a result of a reduction in the amount of a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987 (reduced liability for personal community charge).

Section 13 Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances

(1) The deductions referred to in article 2(2) are, subject to paragraph (2), to be of the following amounts where—

(a) a tenant of an authority, who is in receipt of a rent 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 and chooses or chose to be so provided; or

(ii) is during, or was at any time prior to, the relevant year able to choose either to be provided with any services or facilities or, whether or not in return for an award or grant from the authority, to provide such services or facilities 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 sub-paragraph (i) or (ii) of this paragraph if he were not or had not at that time been in receipt of a rent rebate,

the amounts attributable during the relevant year to such services, facilities or rights 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 rent 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;

(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 (power of local authorities to incur expenditure for 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 suffered by the tenant by virtue of his occupation of his home;

(d) during the relevant year the weekly amount of rebate or allowance is increased under paragraph (8) of regulation 69 of the Housing Benefit Regulations or, as the case may be, regulation 57 of the Scottish Regulations (calculations of weekly amounts), the amount of such increase;

(e) during the relevant year it is discovered that a payment of community charge rebate has been overpaid in the relevant year as a result of the reduction in the amount a person is liable to pay in consequence of regulations made under section 9A of the Abolition of Domestic Rates Etc (Scotland) Act 1987, the amount of the overpayment;

(f) during the relevant year it is discovered that a rebate or allowance has been paid under the Social Security and Housing Benefits Act 1982 in excess of entitlement, the amount of such overpayment;

(g) during the relevant year an amount is recovered in relation to an overpayment of a rebate or allowance which was caused by official error within the meaning of article 11(3) where the overpayment had occurred and been discovered in a year earlier than the relevant year, the amount so recovered;

(h) during the relevant year it is discovered that an overpayment of rebate or allowance has been made in either of or both the years ending 31st March 1989 and 31st March 1990, as the case may be the amount of such overpayment, but only to the extent that—

(i) the amount of the overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the Housing Benefit Subsidy Order 1989 or of the Housing Benefit Subsidy Order 1990 ; and

(ii) the amount of the overpaymet or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations or, as the case may be, paragraph (18) of regulation 59 of the Scottish Regulations (time and manner in which claims are to be made) applied.

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

Section 14 Modification of housing benefit subsidy on payments in excess of entitlement

(1) Notwithstanding any provision made under the Social Security and Housing Benefits Act 1982 in respect of housing benefit paid in excess of entitlement, where an overpayment of benefit to which any such provision applies under that Act in a certificated case is discovered in the relevant year, an authority’s housing benefit subsidy in respect of such a payment shall be calculated as set out in paragraph (2).

(2) The amount of that subsidy shall be—

(a) in the case of an overpayment caused by an error of the authority making the payment, 15 per cent. of the overpayment; and

(b) in the case of an overpayment caused by official error within the meaning of article 11(3), 97 per cent. of so much of the overpayment as has not been recovered by the authority; and

(c) in the case of any other overpayment, 25 per cent. of the overpayment.

(3) In paragraph (1) “certificated case” has the meaning assigned to that expression by regulation 2(1) of the Housing Benefits Regulations 1985 (interpretation) as previously in force.

Section 15 Interpretation

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

“the Act” means the Social Security Act 1986 ;

“appropriate authority” means a charging authority to which 31B(2) of the Act (arrangements for benefits) refers or, as the case may be, in Scotland, a levying authority to which section 31B(3) of the Act refers ;

“community charge benefit subsidy” means subsidy under section 31F of the Act ;

“excess benefits” has the meaning assigned to it by regulation 83 of the Community Charge Benefits Regulations

“relevant year” means the year ending 31st March 1991;

“the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989 ,

and other expressions shall have the same meaning as in the Community Charge Benefits Regulations.

(2) In this part of this Order “community charge benefit qualifying expenditure” means the total of community charge benefits granted by the appropriate authority during the relevant year, less—

(a) the deductions specified in article 21; and

(b) where, under sub-section (6) of section 31B of the Act (arrangements for community charge benefit), the appropriate authority has modified any part of the scheme administered by it, any amount by which the total of the community charge benefits which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had been so modified.

Section 16 Amount of community charge benefit subsidy

The amount of an appropriate authority’s community charge benefit subsidy for the relevant year—

(a) for the purposes of section 31F(2) of the Act (subsidy in respect of community charge benefit) shall be the amount or total of the amounts calculated in accordance with article 17;

(b) for the purposes of section 31F(5) of the Act (subsidy in respect of the costs of administering community charge benefit) may include an additional sum in respect of the cost of administering community charge benefit calculated in accordance with Schedule 2.

Section 17 Community charge benefit

For the purposes of section 31F(2) of the Act, an appropriate authority’s community charge benefit subsidy for the relevant year shall be—

(a) in the case of an appropriate authority to which articles 18 and 19 do not apply, 97 per cent. of its community benefit qualifying expenditure;

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

(i) 97 per cent. of so much of its community charge benefit qualifying expenditure as remains after deducting the amount of expenditure attributable to the community charge benefit to which each of those articles which is relevant applies; plus

(ii) the appropriate amount calculated in respect of the community charge benefit under each such article,

plus, in each case, the addition, where applicable, under article 20.

Section 18 Backdated benefit payments

Where—

(a) during the relevant year an appropriate authority has, under paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) treated any claim for a community charge benefit as made on a day earlier than that on which it is made; and

(b) any part of that appropriate authority’s community charge benefit qualifying expenditure ids attributable to such earlier period,

for the purposes of article 17(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 25 per cent. of the community charge benefit qualifying expenditure so attributable.

Section 19 Excess community charge benefits

(1) Where any part of an appropriate authority’s community charge benefit qualifying expenditure is attributable to excess benefits both allowed and discovered in the relevant year, for the purposes of article 17(1)(b)(ii), the appropriate amount for the year in respect of such part shall be calculated in accordance with paragraph (2).

(2) Subject to paragraph (3), the appropriate amount shall be—

(a) in the case of excess benefits allowed in consequence of an error of the appropriate authority making the payment, 15 per cent. of the community charge benefit qualifying expenditure attributable to the excess benefits; and

(b) in the case of excess benefits allowed in consequence of an official error, 97 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has not been recovered by the appropriate authority and nil per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits as has been recovered by the appropriate authority; and

(c) in the case of technical excess benefits allowed, 15 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits for a period not exceeding 2 benefit weeks, beginning on the benefit week after the week in which the change of circumstances is disclosed to the appropriate authority and thereafter nil per cent. of the community charge benefit qualifying expenditure atributable to the overpayment;

(d) in the case of any other excess benefits allowed, 25 per cent. of that part of the community charge benefit qualifying expenditure attributable to the excess benefits.

(3) In paragraph 2(b) “excess benefits allowed in consequence of an official error” means excess benefits in consequence of a mistake made or something done or omitted to be done by an officer of the Department of Social Security or the Department of Employment acting as such, or a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with section 97(1) of the Social Security Act 1975 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, act or omission.

(4) In paragraph 2(c) “technical excess benefits” means that part of excess benefits which occurs as a result of benefits being granted in advance and a change in circumstances reduces or eliminates entitlement to those benefits beginning on the benefit week following the week in which the change is disclosed to the appropriate authority.

(5) This article shall not apply to an award of benefit to which paragraphs (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made) applies.

Section 20 Addition to community charge benefit subsidy

Where, following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment, an appropriate authority makes duplicate payments and the original instruments have been or are subsequently encashed, the addition referred to in article 17(1) shall be equal to 25 per cent. of the amount of the duplicate payments.

Section 21 Deductions to made in calculating subsidy in respect of community charge benefit

(1) The deductions referred to in article 15(2) are, subject to paragraph (2), of the following amounts where—

(a) an appropriate authority has allowed excess community charge benefit falling within regulation 83(a), (b) or (c) of the Community Charge Benefits Regulations (meaning of excess benefits), the amount attributable to that excess;

(b) an appropriate authority has by virtue of regulation 58 of the Community Charge Benefits Regulations (increase of weekly amounts for exceptional circumstances) increased benefit in exceptional circumstances, the amount attributable to that increase.

(2) Where in relation to any amount of benefit a deduction falls to be made under both sub-paragraphs (a) and (b) of paragraph (1), only the higher amount or, where the amounts are equal, only one amount shall be deducted.

Section 1

The additional sum which may be paid to an authority under section 30(3) of the Act shall be the aggregate of the housing benefit applicable amount calculated in accordance with paragraph 2, the further amount calculated in accordance with paragraph 3 and the supplementary amount calculated in accordance with paragraph 4.

Section 2 Housing benefit applicable amount

For the purposes of paragraph 1, the housing benefit applicable amount shall be calculated in accordance with the following formula—

Where—

A is—

in the case of the new town corporations in England, Wales or Scotland, the Development Board for Rural Wales, or the Scottish Homes, £1,774,000;

in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

in England, £37,639,629;

in Wales, £1,683,085;

in Scotland, £4,164,072;

B—

except where paragraph (b) of this definition applies, in the case of an authority listed in column (1) of Schedule 7 is the aggregate of the amounts obtained by multiplying each figure prescribed in column (2)(a)(i) to (b)(ii) of Schedule 7 as the authority’s caseload figure for rebates or allowances by the figure appropriate to that category and authority prescribed in column (2)(a) or (b), as the case may be, of Schedule 8,

in the case of an authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) of this definition further multiplied by the area cost adjustment figure specified for that authority in column (2) of Schedule 9;

C is the total of the amounts for all the authorities in the category to which the particular authority belongs specified in sub-paragraph (a), (b)(i), (b)(ii), or (b)(iii), as the case may be, of the definition of A.

Section 3 Further amount

For the purposes of paragraph 1 the further amount shall be calculated in accordance with the following formula—

Where—

A is—

in the case of the new town corporations in England, Wales or Scotland, the Development Board for Rural Wales, or the Scottish Homes, £35,144;

in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

in England, £1,431,771;

in Wales, £67,626;

in Scotland, £135,927;

B—

except where paragraph (b) of this definition applies, in the case of an authority listed in column (1) of Schedule 7 is the aggregate of the amounts obtained by multiplying each figure prescribed in columns (2)(b)(i) and (2)(b)(ii) of Schedule 7 as the authority’s caseload figure for rebates or allowances by the figure appropriate to that category and authority prescribed in column (2)(a) or (b), as the case may be, of Schedule 10,

in the case of an authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) of this definition further multiplied by the area cost adjustment figure specified for that authority in column (2) of Schedule 9;

C is the total of the amounts for all authorities in the category to which the particular authority belongs specified in sub-paragraph (a), (b)(ii) or (b)(iii), as the case may be, of the definition of A.

Section 4 Supplemantary amount

(1) Except where sub-paragraph (2) of this paragraph applies, subject to paragraphs 5, 6, 7 and 8, for the purposes of paragraph 1 the supplementary amount shall be calculated in accordance with the following formula—

Where—

A is—

in the case of the new town corporations in England, Wales or Scotland, the Development Board for Rural Wales, or the Scottish Homes, £8,153;

in the case of authorities othe rthan those specified in sub-paragraph (a) of this paragraph—

in England, £307,218;

in Wales, £18,530;

in Scotland, £51,400;

B—

except where paragraph (b) of this definition applies, in the case of an authority listed in column (1) of Schedule 7 is the aggregate of the amounts obtained by multiplying each figure prescribed in columns 2(b)(i) and (2)(b)(ii) of Schedule 7 as the authority’s caseload figure for rebates or allowances by the figure appropriate to that category and authority prescribed in column (2)(a) or (b), as the case may be, of Schedule 10,

in the case of an authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) of this definition further multiplied by the area cost adjustment figure specified for that authority in column (2) of Schedule 9;

C is the total of the amounts for all the authorities in the category to which the particular authority belongs specified in sub-paragraph (a), (b)(i), (b)(ii) or (b)(iii), as the case may be, of the definition of A.

(2) The supplementary amount in the case of authorities in Scotland who administer only community charge benefit shall be nil.

Section 5 Supplemantary amount

(1) Subject to sub-paragraph (3), if the supplementary amount calculated in accordance with paragraph 4(1) is less than the specified minimum amount, the supplementary amount shall be increased up to the specified minimum amount.

(2) For the purposes of sub-paragraph (1) of this paragraph the specified minimum amount shall be—

(a) in the case of the new town corporations in England (except Corby), Wales or Scotland, the Development Board for Rural Wales, the Scottish Homes and the authorities within Scotland who administer only housing benefit, £750;

(b) in the case of authorities in Scotland who administer both housing benefit and community charge benefit, £150;

(c) in the case of other authorities in England and Wales, £250.

(3) The supplementary amount calculated in accordance with paragraph 4 in respect of Corby new town corporation shall be decreased to nil.

Section 6 Supplemantary amount

Where the total of the supplementary amounts calculated in accordance with paragraphs 4 and 5 exceeds—

(a) in the case of the new town corporations in England, Wales or Scotland and the Development Board for Rural Wales, £8,153;

(b) in the case of authorities other than those specified in sub-paragraph (a) of this paragraph—

(i) in England, £307,218;

(ii) in Wales, £18,530;

(iii) in Scotland, £51,400;

the supplementary amount for an authority to which paragraph 5 does not apply shall be further calculated, subject to paragraph 7, in accordance with the following formula—

Where—

G is the supplementary amount calculated under paragraph 4;

H is the aggregate of all the supplementary amounts calculated under paragraph 4 for all the authorities except those authorities to which paragraph 5 applies;

J is the amount which remains after deducting the aggregate of the amounts for authorities to which paragraph 5 applies from the total of supplementary amounts as specified in sub-paragraphs (a) and (b)(i), (ii) and (iii), as the case may be, of the definition of A in paragraph 4.

Section 7 Supplemantary amount

If the supplementary amount as further calculated in accordance with paragraph 6 is less than the specified minimum amount under paragraph 5, the supplementary amount shall be increased to equal the appropriate specified minimum amount for that authority under paragraph 5(2)(a), (b) or (c) as the case may be.

Section 8 Supplemantary amount

Until the aggregate of the authorities' supplementary amounts calculated under paragraphs 5, 6 and 7 equals the aggregate of the amounts specified in sub-paragraphs (a) and (b)(i), (ii) and (iii) of the definition of A in paragraph 4, the calculation set out in paragraphs 6 and 7 shall, subject to the modifications set out below, continue to apply to calculate the supplementary amount for those authorities to which neither paragraph 5 nor 7 has applied; and for that purpose—

(a) G shall apply as if the supplementary amount were the amount calculated under paragraph 6 or, if by virtue of this paragraph there has been more than one calculation; the last amount calculated under that paragraph in respect of the authority;

(b) H shall apply as if the total of the supplementary amounts were the total of all the supplementary amounts calculated under paragraph 6 or, if by virtue of this paragraph there has been more than one calculation, the last calculated under that paragraph in respect of all appropriate authorities to which paragraph 7 did not apply in that calculation; and

(c) J shall apply as if the amount to be deducted to determine the balance of the total amount available were the aggregate of the supplementary amounts for authorities to which, in the calculation under paragraphs 6 and 7 or, if there has been more than one calculation under those paragraphs, the lasts such calculation, paragraph 7 applied.

Section 1

The additional sum which may be paid to an appropriate authority under section 31F(5) of the Act shall be the aggregate of the community charge benefit applicable amount calculated in accordance with paragraphs 2 to 6, the further amount calculated in accordance with paragraph 7 and the supplementary amount calculated in accordance with paragraph 8.

Section 2 Community charge benefit applicable amount

For the purposes of paragraph 1 the community charge benefit applicable amount, subject to paragraphs 3 to 6 shall be calculated in accordance with the following formula—

Where—

A is the amount available as subsidy in respect of the costs of administering community charge benefit being in the case of appropriate authorities—

in England, £60,360,371;

in Wales, £2,656,915;

in Scotland, £6,185,928;

B—

except where paragraph (b) of this definition applies, in the case of an appropriate authority listed in column (1) of Schedule 7 is the aggregate of the amounts obtained by multiplying each figure prescribed in column (3)(a) or (b) of Schedule 7 as the appropriate authority’s caseload figure for rebates by the figure appropriate to that category and authority prescribed in column (3)(a) or (b), as the case may be, of Schedule,

in the case of an appropriate authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) of this definition further multiplied by the area cost adjustment figure specified for that appropriate authority in column (2) of Schedule 9.

C is the total of the amounts for all appropriate authorities in the category to which the particular appropriate authority belongs specified in sub-paragraph (a), (b) or (c), as the case may be, of the definition of A.

Section 3 Community charge benefit applicable amount

(1) If, in the case of an appropriate authority in England and Wales—

(a) X (the total of the housing benefit applicable amount calculated under paragraph 2 of Schedule 1 and the sum calculated under paragraph 2 in respect of that appropriate authority) exceeds Y (120 per cent. of the relevant amount), the community charge benefit applicable amount for that appropriate for the relevant year shall be the amount as calculated under paragraph 2 less the excess; or

(b) X (the total of the housing benefit applicable amount calculated under paragraph 2 of Schedule 1 and the sum calculated under paragraph 2 in respect of that appropriate authority) is less than Z (70 per cent. of the relevant amount) the community charge benefit applicable amount for that appropriate authority shall be the amount as calculated under paragraph 2 plus the difference.

(2) The relevant amount for the purposes of paragraphs 3 and 5 is the additional sum payable to the appropriate authority for the financial year ending 31 March 1990 calculated in accordance with Schedule 1 to the Housing Benefit (Subsidy) Order (calculation of subsidy in respect of administration costs).

Section 4 Community charge benefit applicable amount

Where the total of all the housing benefit applicable amounts calculated under Schedule 1 and the amounts calculated under paragraphs 2 and 3 is less than, or more than, for appropriate authorities—

(a) in England, £98,000,000;

(b) in Wales £4,340,000;

the amount of the community charge benefit applicable amount for an appropriate authority to which paragraph 3 does not apply shall be calculated, subject to paragraphs 5 and 6, in accordance with the following formula—

Where—

G is the total of the housing benefit applicable amount calculated under Schedule 1 and the community charge benefit applicable amount calculated under paragraph 2 in respect of that appropriate authority;

H is the total of the housing benefit applicable amounts calculated under Schedule 1 and the community charge benefit applicable amounts calculated under paragraph 2 in respect of all appropriate authorities in England and Wales, as the case may be, to which paragraph 3 does not apply;

J is the balance of the total housing benefit applicable amounts calculated under Schedule 1 and the community charge benefit applicable amounts calculated under paragraph 2 for appropriate authorities in England and Wales, as the case may be, after deduction of the housing benefit and the community charge benefit applicable amounts for such appropriate authorities to which paragraph 3 applies.

K is the housing benefit applicable amount calculated under Schedule 1 for that appropriate authority.

Section 5 Community charge benefit applicable amount

(1) If, in the case of the appropriate authority in England or in Wales, as the case may be—

(a) X (the total of the housing benefit applicable amount calculated under Schedule 1 and the sum calculated under paragraph 4) exceeds Y (120 per cent. of the relevant amount), the community charge benefit applicable amount for that appropriate authority for the relevant year shall be the amount as calculated under paragraph 4 less the excess; or

(b) X (the total of the housing benefit applicable amount calculated under Schedule 1 and the sum calculated under paragraph 4) is less than Z (70 per cent. of the relevant amount) the community charge benefit applicable amount for that appropriate authority shall be the amount as calculated under paragraph 4 plus the difference.

Section 6 Community charge benefit applicable amount

Until the aggregate of the community charge benefit applicable amounts calculated under paragraphs 3, 4 and 5 equals the amount specified in paragraph 2 as subsidy in respect of the cost of administering community charge benefit for appropriate authorities in England and Wales, as the case may be, the formula set out in paragraph 4 and paragraph 5 shall, subject to the modifications specified below, continue to apply to calculate the additional sum for those appropriate authorities to which neither paragraph 3 nor paragraph 5 has applied; and for that purpose—

(a) G shall apply as if the community charge benefit applicable amount were the sum calculated under paragraph 4, or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of the appropriate authority;

(b) H shall apply as if the total of the community charge benefit applicable amounts were the total of the community charge benefit applicable amounts calculated under paragraph 4, or, if by virtue of this paragraph there has been more than one calculation, the last calculated under that paragraph in respect of all appropriate authorities to which paragraph 5 did not apply in that calculation; and

(c) J shall apply as if the amount to be deducted to determine the balance of the total amount available were the housing benefit and the community charge benefit applicable amounts for appropriate authorities to which, in the calculation under paragraphs 4 and 5, or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 5 applied.

Section 7 Further amount

For the purposes of paragraph 1, the further amount shall be calculated in accordance with the following formula—

Where—

A is in the case of appropriate authorities—

in England, £2,451,057;

in Wales, £104,328;

in Scotland, £274,147;

B—

except where paragraph (b) of this definition applies, in the case of an appropriate authority listed in column (1) of Schedule 7 is the aggregate of the amount obtained by multiplying each figure prescribed in column (3)(b) of Schedule 7 as the appropriate authority’s caseload figure for rebates by the figure appropriate to that category and authority prescribed in column (3) of Schedule 10,

in the case of an appropriate authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) of this definition further multiplied by the area cost adjustment figure specified for that appropriate authority in column (2) of Schedule 9.

C is the total of the amounts for all appropriate authorities in the category to which the particular appropriate authority belongs specified in sub-paragraph (a), (b) or (c), as the case may be, of the definition of A.

Section 8 Supplementary amount

Subject to paragraphs 9 to 12, for the purposes of paragraph 1 the supplementary amount shall be calculated in accordance with the following formula—

Where—

A is in the case of appropriate authorities—

in England, £525,927;

in Wales, £28,587;

in Scotland, £60,185;

B—

except where paragraph (b) of this definition applies, in the case of an appropriate authority listed in column (1) of Schedule 7 is the aggregate of the amount obtained by multiplying each figure prescribed in column 3(b) of Schedule 7 as the appropriate authority’s caseload figure for rebates by the figure appropriate to that category and authority prescribed in column (3) of Schedule 10,

in the case of an appropriate authority listed in column (1) of Schedule 9, is the aggregate amount determined in accordance with paragraph (a) of this definition further multiplied by the area cost adjustment figurespecified for that appropriate authority in column (2) of Schedule 9.

C is the total of the amounts for all appropriate authorities in the category to which the particular appropriate authority belongs specified in sub-paragraph (a), (b) or (c), as the case may be, of the definition of A.

Section 9 Supplementary amount

(1) If the supplementary amount calculated in accordance with paragraph 8 is less than the specified minimum amount, the supplementary amount for the appropriate authority shall be increased to equal the specified minimum amount.

(2) For the purposes of sub-paragraph (1) the specified minimum amount shall be—

(a) in the case of appropriate authorities in Scotland who administer both Housing Benefit and Community Charge Benefit, £600;

(b) in the case of appropriate authorities in England and Wales, £500;

(c) in the case of other appropriate authorities in Scotland, £750.

Section 10 Supplementary amount

Where the total of the supplementary amounts calculated in accordance with paragraphs 8 and 9 exceeds—

(a) in the case of appropriate authorities—

(i) in England, £525,927;

(ii) in Wales, £28,587;

(iii) in Scotland, £60,185;

the supplementary amount for an appropriate authority to which paragraph 9 does not apply shall be further calculated, subject to paragraph 11, in accordance with the following formula—

Where—

G is the supplementary amount calculated under paragraph 8;

H is the aggregate of all the supplementary amounts calculated under paragraph 8 for all the appropriate authorities except those appropriate authorities to which paragraph 9 applies;

J is the amount which remains after deducting the aggregate of the amounts for appropriate authorities to which paragraph 9 applies from the total of supplementary amounts as specified in sub-paragraphs (a), (b) and (c), as the case may be, of the definition of A in paragraph 8.

Section 11 Supplementary amount

If the supplementary amount as further calcuated in accordance with paragraph 10 is less than the specified minimum amount under paragraph 9, the supplementary shall be increased to equal the specified minimum amount for that appropriate authority under paragraph 9(2)(a), (b) or (c), as the case may be.

Section 12 Supplementary amount

Until the aggregate of the appropriate authorities' supplementary amounts calculated under paragraphs 9, 10 and 11 equals the aggregate of the amounts specified in sub-paragraphs (a), (b) and (c) of the definition of A in paragraph 8, the calculations set out in paragraphs 10 and 11 shall, subject to the modifications set out below, continue to apply to calculate the supplementary amount for those appropriate authorities to which neither paragraph 9 nor 11 has applied; and for that purpose—

(a) G shall apply as if the supplementary amount were the amount calculated under paragraph 10 or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of that appropriate authority;

(b) H shall apply as if the total of the supplementary amounts were the total of all the supplementary amounts calculated under paragraph 10 or, if by virtue of this paragraph there has been more than one calculation, the last amount calculated under that paragraph in respect of all appropriate authorities to which paragraph 11 did not apply in that calculation; and

(c) J shall apply as if the amount to be deducted to determine the balance of the total amount available were the aggregate of the supplementary amounts for appropriate authorities to which, in the calculation under paragraphs 10 and 11 or, if there has been more than one calculation under those paragraphs, the last such calculation, paragraph 11 applied.

Section 1 Calculation of the appropriate amount

The appropriate amount—

(a) in a case to which paragraph (2), (4) or (5) of article 8 applies, shall be calculated in accordance with paragraph 2, 3 or 4 as appropriate;

(b) in a case to which paragraph (3) of that article applies, shall be calculated in accordance with paragraph 8.

Section 2 Rent officer’s reasonable market rent determination

Subject to paragraph 7, where the rent officer determines a reasonable market rent, and does not make a determination under paragraph 2 of Schedule 1 of the Rent Officers Order, and the amount of eligible rent does not exceed the reasonable market 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 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the reasonable market rent less ineligible amounts.

Section 3 Rent officer’s reasonable market rent determination

Subject to paragraph 7, where the rent officer determines a reasonable market rent, and does not make a determination under paragraph 2 of Schedule 1 of the Rent Officers Order, and the amount of eligible rent exceeds the reasonable market 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—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.

Section 4 Rent officer’s reasonable market rent and size determination

(1) Subject to paragraphs 5 and 7, where the rent officer makes a determination under paragraph 2 of Schedule 1 of the Rent Officers Order that the dwelling exceeds the size criteria for its occupiers and he determines a reasonable market rent for that dwelling and a comparable rent for suitably sized accommodation, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.

(2) 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 reasonable market rent less ineligible amounts, the appropriate amount shall be 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the reasonable market rent less ineligible amounts.

(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 exceeds the reasonable market rent less ineligible amounts the appropriate amount shall be—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such an allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.

(4) For the period after the end of that 13 week period, if the amount of the eligible rent does not exceed the comparable rent for suitably sized accommodation less ineligible amounts, the appropriate amount shall be 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the comparable market rent for suitably sized accommodation less ineligible amounts.

(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the comparable rent for suitably sized accommodation less ineligible amounts, the appropriate amount shall be—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.

Section 5 Modification where determination is made as to size

(1) Subject to paragraph 7, where the rent officer had made a determination under paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) Order 1989 or, as the case may be, paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) (Scotland) Order 1989 before paragraph (1) of article 2 of the Amendment Order came into force and it is probable that had the amendment been in force at the time of the determination the rent officer would either—

(a) not have made the determination that the dwelling exceeded the size criteria; or

(b) have determined a higher comparable rent for suitably sized accommodation,

the appropriate amount in respect of the period beginning on the relevant date shall be calculated in accordance with sub-paragraphs (2) or (3), as the case may be, unless it is impracticable for an authority to calculate its subsidy otherwise than by reference to the determination actually made by the rent officer.

(2) In a case to which paragraph 5(1)(a) applies, if the amount of the eligible rent exceeds the reasonable market rent less ineligible amount, the appropriate amount shall be—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.

(3) In a case to which paragraph 5(1)(b) applies, the comparable rent for suitably sized accommodation shall be increased by an amount determined in accordance with the formula—

and if the amount of the eligible rent exceeds the comparable rent for suitably sized accommodation so increased, less ineligible amounts, the appropriate amount shall be—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure to such allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess,

(4) In sub-paragraph (3) of this paragraph—

“A” means the number equal to the number of rooms in excess of the size criteria which the rent officer has determined as suitable;

“B” means the number equal to the number of rooms in excess of the size criteria which it is probable the rent officer would have determined as suitable had the amendment been in force;

“C” means the reasonable market rent; and

“D” means, but for this paragraph, the comparable rent for suitably sized accommodation; and

“the Amendment Order” means the Rent Officers (Additional Functions) (Amendment) Order 1989 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Amendment Order 1989 .

Section 6 Modification where determination is made as to size

This paragraph applies where an authority has not considered it appropriate to treat a persons eligible rent as reduced under regulation 11 or 12 of the Regulations (restrictions on unreasonable rents or on rent increases).

Section 7 Modification where rent is inclusive of domestic rates

Where—

(a) before 1st April 1990 the rent officer had determined a reasonable market or a comparable rent for suitably sized accommodation, as the case may be; and

(b) an amount was deducted from the eligible rent under regulation 10(3)(a) and (6) of the Housing Benefit Regulations as in force immediately before 1st April 1990 in respect of domestic rates, the reasonable market rent or, as the case may be, the comparable rent for suitably sized accommodation used as the basis of the calculation in paragraphs 2, 3, 4 and 5 of this Schedule, as the case may be, shall be increased by an amount equivalent to the amounts so deducted from the eligible rent in respect of domestic rates in respect of the period beginning on the relevant date and ending on the termination date.

Section 8 Failure to apply for a rent officer determination

For any period in respect of which article 8(3) applies, the appropriate amount shall be nil per cent. of so much of the housing benefit qualifying expenditure as is attributable to any allowances granted.

Section 9 Relevant date

For the purposes of this Schedule—

(a) in a case where a claim for rent allowance is made on or after 1st April 1990, the relevant date is the date on which entitlement to benefit commences;

(b) in a case where—

(i) on 1st April 1990 there is current on that date a claim for an allowance in relation to the dwelling; and

(ii) there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1990; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers (Additional Functions) Order 1989 , save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) Order 1989 had not taken effect by 31 March 1990, the relevant date will be 13 weeks after the relevant date determined under the Housing Benefit (Subsidy) Order 1990 ;

(c) in a case where—

(i) during the relevant year there has been a relevant change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations; and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer ) an application for a determination in respect of that dwelling is required;

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit 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—

(i) the dwelling is in a hostel; and

(ii) by virtue of regulation 12A(2)(a) of the Housing Benefit Regulations (requirement to refer rent officers) an application for a determination in respect of that dwelling is not required; and

(iii) there was current, on 9th October 1989, a benefit period relating to a claim for an allowance in accordance with sub-paragraph 7(f)(iii) of Schedule 4 to the Housing Benefit (Subsidy) Order 1990 (Rent Officers' Determinations); and

(iv) during the period beginning with 9th October 1989 and ending on 31st March 1990 there has been neither a relevant change of circumstances nor the start of a new benefit period; and

(v) there is current on 1st April 1990, a benefit period beginning before 9th October 1989 relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date (on or after 1st April 1990) on which any change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990, begins, whichever is the earlier;

(e) in a case where—

(i) immediately before 10th April 1989 one of the occupiers of the dwelling was in receipt of income support under the Act and his applicable amount fell to be calculated in accordance with regulation 20 (applicable amounts for persons in board and lodging accommodation and hostels) or regulation 71(1)(b) (applicable amounts in urgent cases) of, or paragraph 17 of Schedule 7 (persons from abroad) to, the Income Support (General) Regulations 1987 , as then in force; and

(ii) during the period beginning with 17th April 1989 and ending on 31st March 1990 there has neither been a relevant change of circumstances nor the start of a new benefit period; and

(iii) there is, on 1st April 1990, a benefit period beginning before 9th October 1989 relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date on which any change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990, begins, whichever is the earlier;

(f) in a case where—

(i) the dwelling is an assured tenancy by virtue of the Housing Act 1988 granted on or after 15th January 1989 but before 1st April 1989, or an assured tenancy by virtue of the Housing (Scotland) Act 1988 granted on or after 2nd January 1989 but before 1st April 1989, as the case may be, and

(ii) there was, current on 1st April 1989, a benefit period relating to a claim for an allowance in relation to the dwelling; and

(iii) during the period beginning with 1st April 1989 and ending on 31st March 1990 there has neither been a relevant change of circumstances nor the start of a new benefit period; and

(iv) there is, current on 1st April 1990, a benefit period relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date on which a relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990 begins, whichever is the earlier;

(g) in a case where—

(i) the tenancy is not an excluded tenancy within the meaning of Schedule 1A to the Housing Benefit Regulations (excluded tenancies); and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) an application for a determination in respect of that dwelling is not required; but nevertheless

(iii) the authority applies for a rent officer’s determination in respect of that dwelling;

the relevant date is the Monday following the date on or after 1st April 1990 on which the authority applied to the rent officer for the determination;

(h) in a case where a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent oficer;

(i) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is higher than or equal to the amount determined under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.