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The Housing Benefit and Community Charge Benefit (Subsidy) Order 1992

S.I. 1992/739 · Made 12 March 1992

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 12th March 1992

Laid before Parliament 16th March 1992

Coming into force 6th April 1992

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) and amended by the Social Security Act 1990, Schedule 6, paragraph 19. 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 substituted 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 of Part II
  5. 3Amount of housing benefit subsidy
  6. 4Rebates and allowances
  7. 5Backdated benefit
  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. 12Additions to housing benefit subsidy
  15. 13Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
  16. 14Deduction from housing benefit subsidy
  17. 15Modification of housing benefit subsidy on payments in excess of entitlement
  18. Part III: Community Charge Benefit Subsidy
  19. 16Interpretation of Part III
  20. 17Amount of community charge benefit subsidy
  21. 18Community charge benefit
  22. 19Backdated benefit
  23. 20Excess community charge benefits
  24. 21Addition to community charge benefit subsidy
  25. 22Deductions to be made in calculating subsidy in respect of community charge benefit
  26. Signature
  27. Schedule 1: CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  28. Part I: GENERAL
  29. 1Paragraph 1
  30. Part II: APPLICABLE AND FURTHER AMOUNTS
  31. 2Housing benefit applicable amount
  32. 3Further amount
  33. Part III: SUPPLEMENTARY AMOUNT
  34. 4Supplementary amount
  35. 5Supplementary amount
  36. 6Supplementary amount
  37. 7Supplementary amount
  38. 8Supplementary amount
  39. Schedule 2: CALCULATION OF COMMUNITY CHARGE BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  40. Part I: GENERAL AND INTERPRETATION
  41. 1Paragraph 1
  42. Part II: APPLICABLE AND FURTHER AMOUNTS
  43. 2Community charge benefit applicable amount
  44. 3Further amount
  45. 4Further amount
  46. 5Further amount
  47. 6Further amount
  48. 7Further amount
  49. Part III: SUPPLEMENTARY AMOUNT
  50. 8Supplementary amount
  51. 9Supplementary amount
  52. 10Supplementary amount
  53. 11Supplementary amount
  54. 12Supplementary amount
  55. Schedule 3MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND
  56. Schedule 4THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT ALLOWANCES
  57. Schedule 5: RENT OFFICERS' DETERMINATIONS
  58. 1Calculation of the appropriate amount
  59. 2Rent officers reasonable market rent determination
  60. 3Rent officers reasonable market rent determination
  61. 4Rent officers reasonable market rent and size determination
  62. 5No restriction on unreasonable rents or on rent increases
  63. 6Modification where rent is inclusive of domestic rates
  64. 7Failure to apply for a rent officer determination
  65. 8Relevant date
  66. 9Termination date
  67. 10Apportionment
  68. 11Interpretation
  69. Schedule 6THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT REBATES IN HOMELESS CASES
  70. Schedule 7PRESCRIBED CASELOAD AND CLAIMS FIGURES
  71. Schedule 8PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AND THE SUPPLEMENTARY AMOUNTS
  72. Schedule 9AREA COST ADJUSTMENT FIGURES
  73. Explanatory note