The Discretionary Housing Payments (Grants) Order 2001

• Citation: S.I. 2001/2340
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Discretionary Housing Payments (Grants) Order 2001 and shall come into force on 2nd July 2001.

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

“the Act” means the Child Support, Pensions and Social Security Act 2000;

“claim” means a claim by a relevant authority for payments towards the cost of making discretionary housing payments;

“final claim” means any claim which falls to be made in accordance with article 3(2)(g);

“non-audit claim” means any claim made by a relevant authority ... under article 3(2)(f) where the total amount of the claim in respect of the relevant year is less than £50,000;

“relevant year” means any year commencing on or after 1st April 2002.

Section 2 Determining the amount of grant

(1) The payments made to a relevant authority in accordance with section 70 of the Act (grants towards the cost of discretionary housing payments) shall be determined by the Secretary of State having regard to—

(a) the most recent figures available in respect of the level of expenditure for housing benefit ... by the authority and relevant awards of universal credit ; and

(b) such other matters as he considers appropriate.

(2) For the purpose of paragraph (1), a “relevant award of universal credit” means an award of universal credit, the calculation of which includes an amount under section 11 of the Welfare Reform Act 2012, calculated in accordance with Schedule 4 to the Universal Credit Regulations 2013, or would include such an amount but for paragraph 3(h) or (i) of Schedule 1 to those Regulations.

Section 3 Claims

(1) Subject to the following paragraphs, a claim made under this Order shall be submitted in such manner and on such form, whether in a printed document or any other format, as may be approved or supplied by the Secretary of State.

(2) A claim shall be submitted by the relevant authority—

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

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

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

(e) by 31st October in a relevant year—

(i) showing the amount of payments it has made from 1st April to 30th September of that relevant year; and

(ii) estimating the total amount of payments it believes it will make between 1st April and 31st March of that relevant year.

(f) showing the amount of payments made during the relevant year, by 30th April in the following relevant year; and

(g) except where the claim is a non-audit claim, by 30th September in a relevant year—

(i) showing the amount of payments made during the previous relevant year, and

(ii) certified by the auditor of the relevant authority that the entries on the claim are fairly stated.

(3) Claims submitted by a relevant authority in accordance with paragraph (2) of this article shall be signed—

(a) in the case of a relevant authority in England and Wales, by the officer who is responsible for finance pursuant to section 151 of the Local Government Act 1972 ;

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

Section 4 Records and information provisions

(1) A relevant authority shall, in relation to any relevant year—

(a) keep such records as are likely to be required for the purpose described in paragraph (2), should there be a final claim by that authority in respect of that year; and

(b) where there is such a claim, on request—

(i) produce such of those records, and

(ii) provide such other information,

as the auditor may require for the purpose described in paragraph (2).

(2) The purpose referred to in paragraph (1) is the purpose of satisfying the auditor that—

(a) the entries on the claim form are correctly stated; and

(b) expenditure on which the claim is based has been properly incurred,

so that a final claim may be made by the date specified in article 3(2)(g).

(3) The relevant authority shall, in relation to any relevant year—

(a) keep such records as are likely, in connection with any claim the authority may make in respect of that year, to be required for the purpose described in sub-paragraph (b); and

(b) on request—

(i) produce in time such of those records, and

(ii) provide in time such other information,

as the Secretary of State may require for the purpose of satisfying himself that the claim is accurate and properly calculated.

(4) In paragraph (3), “in time” means no later than the end of the period of six weeks beginning with the day on which the request referred to in that paragraph is sent to the relevant authority.

Section 5 Audit provisions

A relevant authority shall procure that the final claim is audited by its auditor by 30th September in the year following the year to which that claim relates.

Section 6 Payment

(1) Subject to paragraph (2) and article 6A, the Secretary of State may make payments by way of instalments by reference to claims submitted in accordance with article 3 but no final payment shall be made until the Secretary of State is satisfied that no request for information in accordance with article 4 is outstanding.

(2) An initial instalment payment for the relevant year may be made without reference to any claim submitted in accordance with article 3.

Section 6A Estimating amounts

(1) Where, in relation to any relevant year, a relevant authority has not, before the time specified in article 3, 4 or 5, as the case may be, complied with any condition with which it is required under that article to comply, the Secretary of State may estimate the amount of any payment, including any payment by instalments, payable to that authority in accordance with section 70 of the Act in respect of that year, and may employ for that purpose such criteria as he considers relevant.

Section 7 Limit on total expenditure

(1) Subject to paragraph (2), for the purposes of section 70(3)(a) of the Act (the limit on the total amount of expenditure in any year that may be incurred by a relevant authority in making discretionary housing payments) the limit in any year is the amount of grant the Secretary of State determines to make to the relevant authority in that year multiplied by 2.5.

(2) In the case of the period commencing 2nd July 2001 and ending 31st March 2002, the limit is the amount the Secretary of State has determined to make to a relevant authority as at 2nd July 2001 multiplied by 2.5.