Paragraph 1

The additions to or deductions from, as the case may be, housing benefit subsidy or council tax benefit subsidy referred to in articles 13 and 21 shall be calculated in accordance with this Schedule.

In this Schedule, unless the context otherwise requires—

• A is equal to (B + C) × 32;

• B is the total sum of housing benefit savings made by a relevant authority;

• C is the total sum of housing benefit related savings made by a relevant authority;

• D is equal to (E + F) × 32;

• E is the total sum of council tax benefit savings made by a relevant authority;

• F is the total sum of council tax benefit related savings made by a relevant authority;

• G, in the case of a relevant authority, is the figure prescribed in column (2) of the Table in Part IV for that authority;

• H is 0.75 of the value of G;

• I is 0.5 of the value of G;

• J is 0.25 of the value of G;

• “authorised person” means

  1. (i)

     an officer of a relevant authority; or

  2. (ii)

     an employee of a relevant authority’s contractor,

  where that individual has been designated by that authority for the investigation of fraud;

• “council tax benefit savings” means any amount which would have been allowed by way of council tax benefit to a claimant during a benefit week, but for the investigation and intervention of one or more authorised persons, and which would, had that amount been allowed as council tax benefit, have been fraudulent excess benefit, within the meaning of article 18(7), or in a case where only a proportion of that non-allowance was due to that investigation and intervention the amount shall be that proportion;

• “council tax benefit related savings” means—

  1. (i)

     where council tax benefit savings have been established and that investigation has also led to a determination by an adjudication officer that no relevant benefit, or less relevant benefit is payable any amount of relevant benefit that would, but for that investigation and consequent determination, have been paid to that claimant in a payment week; and

  2. (ii)

     in a case where the council tax benefit savings were less than the total council tax benefit not allowed, the council tax benefit related savings shall be an amount determined by applying to the total of relevant benefit not paid a percentage equal to the percentage which those council tax benefit savings bear to the total council tax benefit not allowed,

  except that in neither case shall it include any amount which has been included in the housing benefit related savings for that authority;

• “housing benefit savings” means any amount which would have been paid by way of housing benefit to a claimant during a benefit week, but for the investigation and intervention of one or more authorised persons, and which would, had that amount been paid as housing benefit, have been a fraudulent overpayment, within the meaning of article 10(5), or, in a case where only a proportion of that non-payment was due to that investigation and intervention, the amount shall be that proportion;

• “housing benefit related savings” means—

  1. (i)

     where housing benefit savings have been established and that investigation has also led to a determination by an adjudication officer that no relevant benefit or less relevant benefit is payable, any amount of relevant benefit that would, but

  2. (ii)

     for that investigation and consequent determination, have been paid to that claimant in a payment week; and in a case where the housing benefit savings were less than the total housing benefit not paid, the housing benefit related savings shall be an amount determined by applying to the total of relevant benefit not paid a percentage equal to the percentage which those housing benefit savings bear to the total housing benefit not paid;

• “a payment week” means—

  1. (i)

     in the case of income support, a benefit week within the meaning prescribed therefore in regulation 2(1) of the Income Support (General) Regulations 1987^f1;

  2. (ii)

     in the case of invalidity benefit, severe disablement allowance or sickness benefit, the week in advance in which such benefit is to be paid pursuant to regulation 24(1) of the Social Security (Claims and Payments) Regulations 1987^f2 or, in a case where that regulation does not apply, would be so paid if that regulation did apply;

  3. (iii)

     in the case of retirement pension, the week in arrears in which such benefit is to be paid pursuant to regulation 22(1) of the Social Security (Claims and Payments) Regulations 1987^f3 or, in a case where that regulation does not apply, would be so paid if that regulation did apply;

• “a relevant authority” is an authority identified in column (1) of the Table in Part IV, and

• “relevant benefit” means income support, invalidity benefit, retirement pension, severe disablement allowance or sickness benefit, in a case where a claimant who is in receipt of housing benefit or council tax benefit, as the case may be, is also in receipt of income support.