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The Housing Benefit and Council Tax Benefit (Subsidy) Order 1994

S.I. 1994/523 · Made 3 March 1994

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SOCIAL SECURITY

Made 3rd March 1994

Laid before Parliament 10th March 1994

Coming into force 31st March 1994

The Secretary of State for Social Security, with the consent of the Treasuryf1, in exercise of the powers conferred upon him by sections 135(2), (4), (5), 136(1), 140(2) to (6), and 189(1) and (3) to (7) of the Social Security Administration Act 1992f2 and of all other powers enabling him in that behalf, after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992, 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 189(8) of the Social Security Administration Act 1992 (c. 5).

f2

1992 c. 5.Section 140 was amended by section 103 of and Schedule 9 to the Local Government Finance Act 1992 (c. 14), but the section as originally enacted continues in force in relation to community charge benefit subsidy by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and Transitional Order 1993 (S.I. 1993/232).

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. 9Homeless cases
  12. 10Additions to housing benefit subsidy
  13. 11Deductions to be made in calculating housing benefit subsidy in respect of rebates or allowances
  14. 12Deduction from housing benefit subsidy
  15. 13Modification of housing benefit subsidy on payments in excess of entitlement
  16. Part II: I COUNCIL TAX BENEFIT SUBSIDY
  17. 14Interpretation of Part III
  18. 15Amount of council tax benefit subsidy
  19. 16Council tax benefit
  20. 17Backdated benefit
  21. 18Additions to council tax benefit subsidy
  22. 19Deductions to be made in calculating subsidy in respect of council tax benefit
  23. 20Deduction from council tax benefit subsidy
  24. Signature
  25. Schedule 1: CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  26. Part I: GENERAL AND INTERPRETATION
  27. 1Paragraph 1
  28. Part II: APPLICABLE AND FURTHER AMOUNTS
  29. 2Housing benefit applicable amount
  30. 3Further amount
  31. Part II: I HOUSING BENEFIT BONUS AMOUNT
  32. 4Housing benefit bonus
  33. Schedule 2: CALCULATION OF COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  34. Part I: GENERAL AND INTERPRETATION
  35. 1Paragraph 1
  36. Part II: APPLICABLE AND FURTHER AMOUNTS
  37. 2Council tax benefit applicable amount
  38. 3Further amount
  39. 4Calculation of applicable and further amounts
  40. 5Calculation of applicable and further amounts
  41. 6Calculation of applicable and further amounts
  42. 7Calculation of applicable and further amounts
  43. Part III: COUNCIL TAX BENEFIT BONUS AMOUNT
  44. 8Council tax benefit bonus
  45. Schedule 3MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND
  46. Schedule 4: CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS
  47. Part I: GENERAL AND INTERPRETATION
  48. 1Paragraph 1
  49. Part II: DEDUCTIONS
  50. 2Paragraph 2
  51. 3Paragraph 3
  52. 4Paragraph 4
  53. Part III: CALCULATIONS AND TABLE
  54. 5Paragraph 5
  55. Schedule 5THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT ALLOWANCES
  56. Schedule 6: RENT OFFICERS' DETERMINATIONS
  57. 1Calculation of the appropriate amount
  58. 2Rent officers' reasonable market rent determination
  59. 3Rent officers' reasonable market rent determination
  60. 4Rent officers' reasonable market rent and size determination
  61. 5No restriction on unreasonable rents or on rent increases
  62. 6Failure to apply for a rent officer’s determination
  63. 7Relevant date
  64. 8Termination date
  65. 9Apportionment
  66. 10Interpretation
  67. Schedule 7AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED
  68. Schedule 8PRESCRIBED CASELOAD AND CLAIMS FIGURES
  69. Schedule 9PRESCRIBED FICUTES FOR THE CALCULATION OF THE APPLICABLE AMOUNT
  70. Schedule 10Schedule 10
  71. Schedule 11PRESCRIBED FIGURES FOR THE CALCULATION OF THE BONUS AMOUNTS
  72. Explanatory note