Article 2 Interpretation of Part II

In this Part of this Order, unless the context otherwise requires—

• “the Act” means the Social Security Act 1986;

• “the 1982 Act” means the Social Security and Housing Benefit Act 1982^f1;

• “allowance” means a rent allowance;

• “authority” means a housing, rating or local authority or, as the case may be, in Scotland, a levying authority;

• “board and lodging accommodation” means—

  1. (a)

     accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or

  2. (b)

     accommodation provided in a hotel, guest house, lodging house or some similar establishment,

  but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987^f2 nor in a hostel within the meaning of Regulation 12A of the Housing Benefit Regulations^f3;

• “housing benefit subsidy” means subsidy under section 30(1) or (1A) of the Act^f4 (rate rebate, rent rebate, rent allowance and community charge rebate subsidy);

• “rebate” means a rent, rate or community charge rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates^f5;

• “relevant date” has the same meaning as in Schedule 5;

• “relevant year” means the year ending 31st March 1992;

• “scheme” means the housing benefit scheme as defined in section 28 of the Act;

• “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987^f6;

• “the Rent Officers Order” means the Rent Officers (Additional Functions) Order 1990^f7 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1990^f8;

• “the Scottish Regulations” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988^f9;

• “termination date” has the same meaning as in Schedule 5;

In this Part of this Order—

• “housing benefit qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less—

  1. (a)

     the deductions specified in article 13; and

  2. (b)

     where, under sub-section (6) of section 28 of the Act^f10 (arrangements for housing benefit), the authority has modified any part of the scheme administered by it, any amount by which the total of the rebates or allowances which it granted under the scheme during the relevant year exceeds the total of those which it would have granted if the scheme had not been so modified.