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

S.I. 1991/587 · Made 11 March 1991

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

HOUSING, ENGLAND AND WALES

HOUSING, SCOTLAND

SOCIAL SECURITY

Made 11th March 1991

Laid before Parliament 11th March 1991

Coming into force 1st April 1991

The Secretary of State for Social Security, with the consent of the Treasuryf1, in exercise of the powers conferred by sections 30(2), (2ZA), (2A), (3), (11) and 31F(2) to (5A) of the Social Security Act 1986f2 and section 166(1) to (3A) of the Social Security Act 1975f3 and of all other powers enabling him in that behalf, after consultation, in accordance with section 61(7) of the Social Security Act 1986, with organisations appearing to him to be representative of the authorities concerned, hereby makes the following Order:

Annotations to the whole text

Footnotes

f1

See section 83(5) of the Social Security Act 1986 (c. 50).

f2

1986 c. 50; section 30(2) was amended by the Local Government and Housing Act 1989 (c. 42), sections 81(1) and 88(3) and by regulation 3 of S.I. 1988/458. Section 30(2ZA) was inserted by the Social Security Act 1990 (c. 27), Schedule 6, paragraph 19. Section 30(2A) was inserted by section 15 of the Social Security Act 1989 (c. 24). Section 30(11) was added by the Social Security Act 1988 (c. 7), Schedule 4, paragraph 20. Section 31F was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6. Section 31F(3) was inserted by the Social Security Act 1990 (c. 27), Schedule 6, paragraph 21(1), and section 31(5A) was inserted by the Social Security Act 1990, Schedule 6, paragraph 21(2).

f3

1975 c. 14; section 166(1) to (3A) is applied by section 83(1) of the Social Security Act 1986.

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. Part II: HOUSING BENEFIT SUBSIDY
  4. 2Interpretation
  5. 3Amount of housing benefit subsidy
  6. 4Rebates and allowances
  7. 5Backdated payments
  8. 6Disproportionate rent increase
  9. 7Treatment of high rents
  10. 8Rent officers' determinations
  11. 9Treatment of certain residential accommodation
  12. 10Homeless cases
  13. 11Overpayment of rebates or allowances
  14. 12Addition to housing benefit subsidy
  15. 13Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
  16. 14Modification of housing benefit subsidy on payments in excess of entitlement
  17. Part III: COMMUNITY CHARGE BENEFIT SUBSIDY
  18. 15Interpretation
  19. 16Amount of community charge benefit subsidy
  20. 17Community charge benefit
  21. 18Backdated benefit payments
  22. 19Excess community charge benefits
  23. 20Addition to community charge benefit subsidy
  24. 21Deductions to made in calculating subsidy in respect of community charge benefit
  25. Signature
  26. Schedule 1: CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  27. 1Paragraph 1
  28. 2Housing benefit applicable amount
  29. 3Further amount
  30. 4Supplemantary amount
  31. 5Supplemantary amount
  32. 6Supplemantary amount
  33. 7Supplemantary amount
  34. 8Supplemantary amount
  35. Schedule 2: CALCULATION OF COMMUNITY CHARGE BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  36. 1Paragraph 1
  37. 2Community charge benefit applicable amount
  38. 3Community charge benefit applicable amount
  39. 4Community charge benefit applicable amount
  40. 5Community charge benefit applicable amount
  41. 6Community charge benefit applicable amount
  42. 7Further amount
  43. 8Supplementary amount
  44. 9Supplementary amount
  45. 10Supplementary amount
  46. 11Supplementary amount
  47. 12Supplementary amount
  48. Schedule 3MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND
  49. Schedule 4THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT ALLOWANCES
  50. Schedule 5: RENT OFFICERS' DETERMINATIONS
  51. 1Calculation of the appropriate amount
  52. 2Rent officer’s reasonable market rent determination
  53. 3Rent officer’s reasonable market rent determination
  54. 4Rent officer’s reasonable market rent and size determination
  55. 5Modification where determination is made as to size
  56. 6Modification where determination is made as to size
  57. 7Modification where rent is inclusive of domestic rates
  58. 8Failure to apply for a rent officer determination
  59. 9Relevant date
  60. 10Termination date
  61. 11Apportionment
  62. 12Interpretation
  63. Schedule 6AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED
  64. Schedule 7PRESCRIBED CASELOAD FIGURES
  65. Schedule 8PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AMOUNT
  66. Schedule 9AREA COST ADJUSTMENT FIGURES
  67. Schedule 10PRESCRIBED FIGURES FOR THE CALCULATION OF THE FURTHER AND SUPPLEMENTARY AMOUNTS
  68. Explanatory note