The Income-related Benefits (Subsidy to Authorities) Amendment Order 2017

• Citation: S.I. 2017/900
• Sections: 8

Section 1 Citation, commencement and interpretation

(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2017 and comes into force on 26th October 2017.

(2) Article 2(3) and Schedule 1 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2016.

(3) Articles 2(2)(a) and (4) and 3 and Schedules 2, 3 and 4 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2017.

(4) Articles 2(2)(b) and (5), 4 and 5 have effect from 1st April 2017.

(5) In this Order—

“the 1998 Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 ;

“relevant year” means the period of a year beginning on 1st April in any calendar year in respect of which a claim for subsidy is made.

Section 2 The amount of an authority’s subsidy

(1) The 1998 Order is amended as follows.

(2) In article 12(1) (amount of subsidy) —

(a) after sub-paragraph (b), insert—

(ba) for an authority which is a participating authority for the purposes of Schedule 1ZA (additional amount of subsidy: right benefit initiative), the additional amount specified by that Schedule; and

(b) omit sub-paragraph (c).

(3) For Schedule 1 (sums to be used in the calculation of subsidy) substitute the Schedule 1 set out in Schedule 1 to this Order.

(4) After the substituted Schedule 1 insert the Schedule 1ZA set out in Schedule 2 to this Order.

(5) Omit Schedule 1A (additional amount of subsidy: activities to reduce fraud and error) .

Section 3 Rent rebate deductions from an authority’s subsidy

(1) Schedule 4A to the 1998 Order (rent rebate limitation deductions (Housing Revenue Account Dwellings)) is amended as follows.

(2) In Part 2 (England), in paragraph 3 (amount of deduction), for sub-paragraph (3) substitute—

(3) The rebate proportion for 2017-18 is 0.739.

(3) For Part 3 (weekly rent limits for purposes of Part 2: authorities in England) , substitute the Part 3 set out in Schedule 3 to this Order.

(4) For Part 5 (amounts for purposes of Part 4, paragraph 4: authorities in Wales) , substitute the Part 5 set out in Schedule 4 to this Order.

Section 4 Amendment relating to requirement of audit

In article 6(1) of the 1998 Order (requirement of audit), before sub-paragraph (ia) insert—

(iza) shall, in the case of an authority in England, inform the Secretary of State in writing of the identity of the authority’s auditor by 1st March in the year before the relevant year;

Section 5 Amendments relating to the removal of the temporary accommodation management fee

(1) In article 17A of the 1998 Order (subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation) , for paragraph (3) substitute—

(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.

(2) In article 17C of the 1998 Order (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) , for paragraph (3) substitute—

(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.

Section 1 Interpretation

In this Schedule—

“participating authority” means an authority which notified the Secretary of State on or before 21st April 2017 that it is participating in the Right Benefit Initiative in the administration of housing benefit described in the Housing Benefit Circular HB A7/2017 (“the Right Benefit Initiative”) ;

“relevant activities” means activities carried out by a participating authority under the Right Benefit Initiative in order to reduce fraud and error in payments of housing benefit.

Section 2 Additional amount: relevant year beginning with 1st April 2017

The additional amount of subsidy for a participating authority for the relevant year beginning with 1st April 2017 is the amount specified for that authority in the Housing Benefit Circular HB S6/2017 published by the Department for Work and Pensions on 30th March 2017 .

Section 3 Use and recovery of amount paid under paragraph 2

(1) A participating authority must use the additional amount received under paragraph 2 in connection with relevant activities.

(2) The Secretary of State may recover some or all of the additional amount paid to a participating authority under paragraph 2 where satisfied that that authority has not used that amount in connection with relevant activities.