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The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997

S.I. 1997/1004 · Made 19 March 1997

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SOCIAL SECURITY

Made 19th March 1997

Laid before Parliament 26th March 1997

Coming into force in accordance with article 1(1)

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) and (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140 was amended by section 103 of and Schedule 9 to the Local Government Finance Act 1992 (c. 14), but the section as originally enacted continues in force in relation to community charge benefit subsidy by virtue of the Local Government Finance Act 1992 (Community Charge Benefits) Savings and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 rebates
  12. 10Further 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 benefit 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 benefit savings
  25. Signature
  26. Schedule 1: CALCULATION OF HOUSING BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  27. Part I: GENERAL INTERPRETATION
  28. 1Paragraph 1
  29. Part II: APPLICABLE AMOUNT
  30. 2Housing benefit amount
  31. Part III: ADJUSTMENT AMOUNT
  32. 3Paragraph 3
  33. 4Paragraph 4
  34. 5Paragraph 5
  35. 6Paragraph 6
  36. 7Paragraph 7
  37. 8Paragraph 8
  38. Part IV: ADDITION FOR ACQUIRING AUTHORITIES
  39. 9Paragraph 9
  40. Schedule 2: CALCULATION OF COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF ADMINISTRATION COSTS
  41. Part I: GENERAL INTERPRETATION
  42. 1Paragraph 1
  43. Part II: APPLICABLE AMOUNT
  44. 2Council tax benefit applicable amount
  45. 3Calculation of applicable amount
  46. 4Calculation of applicable amount
  47. 5Calculation of applicable amount
  48. 6Calculation of applicable amount
  49. Part III: ADJUSTMENT FACTOR FOR PRIORITISATION OF CLAIMS
  50. 7Paragraph 7
  51. 8Paragraph 8
  52. 9Paragraph 9
  53. 10Paragraph 10
  54. 11Paragraph 11
  55. 12Paragraph 12
  56. Part IV: ADJUSTMENT FACTOR FOR THE 1996 ORDER
  57. 13Paragraph 13
  58. Schedule 3MAXIMUM AMOUNTS OF HOUSING BENEFIT SUBSIDY PAYABLE IN RESPECT OF CERTAIN AUTHORITIES IN SCOTLAND
  59. Schedule 4: CALCULATION OF DEDUCTIONS FROM HOUSING BENEFIT SUBSIDY AND COUNCIL TAX BENEFIT SUBSIDY IN RESPECT OF PERIOD OVERRUNS
  60. Part I: GENERAL INTERPRETATION
  61. 1Paragraph 1
  62. Part II: DEDUCTIONS
  63. 2Paragraph 2
  64. 3Paragraph 3
  65. 4Paragraph 4
  66. Part III: CALCULATIONS AND TABLE
  67. 5Paragraph 5
  68. Schedule 5THRESHOLD ABOVE WHICH REDUCED HOUSING BENEFIT SUBSIDY IS PAYABLE ON RENT ALLOWANCES
  69. Schedule 6: RENT OFFICERS' DETERMINATIONS
  70. 1Calculation of the appropriate amount
  71. 2Calculation of the appropriate amount
  72. 3Calculation of the appropriate amount
  73. 4Rent officers' property-specific and size-related rents
  74. 5Restriction on unreasonable rents or on rent increases
  75. 6Payments on account of rent allowance
  76. 7Deductions in respect of allowances
  77. 8Relevant date
  78. 9Termination date
  79. 10Apportionment
  80. 11Reckonable rent cases
  81. 12Reckonable rent cases
  82. 13Interpretation
  83. Schedule 7AMOUNTS BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED
  84. Schedule 8ADDITIONAL SUBSIDY IN RESPECT OF RENT ALLOWANCE CASES
  85. Schedule 9: BENEFIT SAVINGS
  86. Part I: GENERAL INTERPRETATION
  87. 1Paragraph 1
  88. Part II: HOUSING BENEFIT SAVINGS
  89. 2Addition to housing benefit subsidy
  90. 3Addition to housing benefit subsidy
  91. 4Deduction from housing benefit subsidy
  92. Part III: COUNCIL TAX BENEFIT SAVINGS
  93. 5Council tax benefit savings
  94. 6Council tax benefit savings
  95. 7Deduction from council tax benefit subsidy
  96. Part IV: TABLE
  97. 8Paragraph 8
  98. Schedule 10PRESCRIBED CASELOAD FIGURES
  99. Schedule 11PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AMOUNT
  100. Schedule 12COST ADJUSTMENT FACTORS
  101. Schedule 13SPECIFIED FIGURES FOR NEW AUTHORITIES IN ENGLAND AND WALES
  102. Explanatory note