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The Housing Benefit and Council tax Benefit (Subsidy) Order 1995

S.I. 1995/872 · Made 23 March 1995

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.

SOCIAL SECURITY

Made 23rd March 1995

Laid before Parliament 30th March 1995

Coming into force 20th April 1995

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 (4) 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140 was amended by section 103 of and Schedule 9 to the Local Government Finance Act 1992 (c. 14), but the section as originally enacted continues in force in relation to community charge benefit subsidy by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and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. 9Additions in respect of homeless and short lease cases
  12. 10Other additions 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. 13Additions to and deductions from housing benefit subsidy in respect of benefits savings
  16. Part III: 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. 21Additions to and deductions from council tax benefit subsidy in respect of benefits savings
  25. Signature
  26. Schedule 1: CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATIVE COSTS
  27. Part I: GENERAL INTERPRETATION
  28. 1Paragraph 1
  29. Part II: APPLICABLE AND FURTHER AMOUNTS
  30. 2Housing benefit applicable amount
  31. 3Further amount
  32. Part III: SUPPLEMENTARY AMOUNT
  33. 4Supplementary amount
  34. 5Supplementary amount
  35. 6Supplementary amount
  36. 7Supplementary amount
  37. 8Supplementary amount
  38. Schedule 2: CALCULATION OF COUNCIL TAX BENEFIT IN RESPECT OF ADMINISTRATION COSTS
  39. Part I: GENERAL INTERPRETATION
  40. 1Paragraph 1
  41. Part II: APPLICABLE AND FURTHER AMOUNTS
  42. 2Council tax benefit applicable amount
  43. 3Further amount
  44. 4Calculation of applicable and further amounts
  45. 5Calculation of applicable and further amounts
  46. 6Calculation of applicable and further amounts
  47. 7Calculation of applicable and further amounts
  48. Part III: SUPPLEMENTARY AMOUNT
  49. 8Supplementary amount
  50. 9Supplementary amount
  51. 10Supplementary amount
  52. 11Supplementary amount
  53. 12Supplementary amount
  54. Schedule 3MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND
  55. Schedule 4: CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS
  56. Part I: GENERAL INTERPRETATION
  57. 1Paragraph 1
  58. Part II: DEDUCTIONS
  59. 2Paragraph 2
  60. 3Paragraph 3
  61. 4Paragraph 4
  62. Part III: CALCULATIONS AND TABLES
  63. 5Paragraph 5
  64. Schedule 5THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY ISPAYABLE ON RENT ALLOWANCESTABLE
  65. Schedule 6: RENT OFFICERS' DETERMINATIONS
  66. 1Calculation of the appropriate amount
  67. 2Rent officers' determination
  68. 3Rent officers' determination
  69. 4Rent offkers' property-specific and size-related rents
  70. 5No restriction on unreasonable rents or on rent increases
  71. 6Deductions in respect of allowances
  72. 7Relevant date
  73. 8Termination date
  74. 9Apportionment
  75. 10Interpretation
  76. Schedule 7AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED
  77. Schedule 8: BENEFIT SAVINGS
  78. Part I: GENERAL INTERPRETATION
  79. 1Paragraph 1
  80. Part II: HOUSING BENEFIT SAVINGS
  81. 2Addition to housing benefit subsidy
  82. 3Addition to housing benefit subsidy
  83. 4Deduction from housing benefit subsidy
  84. Part III: COUNCIL TAX BENEFIT SAVINGS
  85. 5Council tax benefit savings
  86. 6Council tax benefit savings
  87. 7Deduction from council tax benefit subsidy
  88. Part IV: TABLE
  89. 8Paragraph 8
  90. Schedule 9PRESCRIBED CASELOAD AND CLAIMS FIGURES
  91. Schedule 10PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AMOUNT
  92. Schedule 11Schedule 11
  93. Explanatory note