(1) The additions to or deductions from subsidy referred to in articles 13 and 21 shall be calculated in accordance with this Schedule.
(2) In this Schedule, unless the context otherwise requires–
F is the sum specified in column (6) of Schedule 1 (Benefit Savings Threshold) for an authority identified in column (1) of that Schedule;
G is 0.75 of the value of F;
H is twice the value of F;
I is thrice the value of F;
“authorised person” means—
an officer of an authority; or
an employee of an authority’s contractor,
who has been designated by that authority for the investigation of fraud;
“benefit savings” means, in a case where an award of benefit had—
been made before an intervention and a fraudulent overpayment has arisen; or
been made before an intervention, but no overpayment of relevant benefit can be determined by the authority by reason of paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Housing Benefit Regulations or paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Council Tax Benefit Regulations (income and capital to be disregarded) where a person is in receipt of income support or an income-based jobseeker’s allowance , as the case may be, pending the decision of the Secretary of State; or
not been made before the intervention,
any amount, which would—
but for the intervention, have been paid by way of relevant benefit to a claimant during a benefit week; and
had it been paid as relevant benefit, have been a fraudulent overpayment (or in a case within paragraph (a) above, have also been a fraudulent overpayment), within the meaning of article 18(5),
or, in a case where only a proportion of that non-payment was due to the intervention, the amount shall be that proportion and “benefit-savings” shall also include 75 per cent. of any relevant benefit which would, but for the residence check made by an authorised person, have been paid or allowed to a claimant during a benefit week;
“benefit-related savings” means—
where benefit savings have been established and the investigation that led to those savings has also led to a decision by the Secretary of State that no designated benefit, or less designated benefit is payable to a claimant, any specified amount of designated benefit that would, but for that intervention and consequent decision, have been paid to that claimant; and
where the benefit savings were less than the total relevant benefit not paid, the benefit-related savings shall be an amount determined by applying to the total of designated benefit not paid a percentage equal to the percentage which those benefit savings bear to the total relevant benefit not paid;
“designated benefit” means income support, incapacity benefit, jobseeker’s allowance, retirement pension, severe disablement allowance and widow’s pension, in a case where a claimant was, prior to the intervention, also being paid relevant benefit;
“intervention” means an investigation and intervention by one or more authorised persons whilst involved in the investigation of fraud and not in the performance of any other duty;
“residence check” means action taken by an authorised person that included—
at least two unannounced visits to the dwelling in respect of which the relevant benefit was paid or allowed to the claimant and which—
took place in what were, for the claimant, different benefit weeks; and
at which it was established that the claimant had ceased to occupy the dwelling as his home; or
one unannounced visit to the dwelling in respect of which the relevant benefit was paid or allowed at which it was established beyond doubt that the claimant had ceased to occupy the dwelling as his home;
“specified amount”, in relation to a claimant, means—
where the benefit is income support, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Income Support (General) Regulations 1987 ;
where the benefit is incapacity benefit or severe disablement allowance, half of the fortnightly payment in arrears by which such benefit is to be paid, pursuant to regulation 24(1) of the Social Security (Claims and Payments) Regulations 1987 or, in a case where that regulation does not apply, would be so paid if that regulation did apply;
where the benefit is jobseeker’s allowance, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Jobseeker’s Allowance Regulations 1996 ;
where the benefit is retirement pension or widow’s pension, the amount payable in respect of the week in advance in which such benefit is to be paid, pursuant to regulation 22(1) of the Social Security (Claims and Payments) Regulations 1987 or, in a case where that regulation does not apply, would be so paid if that regulation did apply; and
“verification framework” means the framework set out in the following circulars issued by the Secretary of State –
