OpenLegislation

Article 1 Citation, commencement and interpretation

Original text. Later amendments are not shown.

(1)

This Order which may be cited as the Housing Benefit (Subsidy) Order 1990 shall come into force on 20th April 1990.

(2)

In this Order, unless the context otherwise requires–

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

  • “allowance” means a rent allowance;

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

  • “rebate” means a rent, rate or community charge rebate;

  • “relevant date” has the same meaning as in Schedule 4;

  • “relevant year” means the year ending 31st March 1990;

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

  • “subsidy” means subsidy under section 30(1) or (1A) of the Act (rate rebate, rent rebate, rent allowance and community charge rebate subsidy)f1;

  • “the Regulations” mean the Housing Benefit (General) Regulations 1987f2;

  • “the Rent Officers Order” means the Rent Officers (Additional Functions) Order 1989f3 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Order 1989f4;

  • “the Scottish Regulations” means the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988f5;

  • “termination date” has the same meaning as in Schedule 4,

and other expressions shall have the same meaning as in the Regulations or, as the case may be, the Scottish Regulations.

(3)

In this Order “qualifying expenditure” means the total of rebates and allowances granted by the authority during the relevant year, less–

(a)

the deductions specified in articles 7 and 13; and

(b)

where, under sub-section (6) of section 28 of the Act (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.

(4)

In this Order, reference to a numbered article or Schedule is to the article in, or Schedule to, this Order bearing that number and, unless the context otherwise requires, reference in an article or a Schedule to a numbered paragraph is to the paragraph bearing that number in that article or that Schedule.

Annotations

Footnotes

f1

Section 30(1A) was inserted by regulation 5(b) of S.I. 1988/1483.

f2

S.I. 1987/1971, amended by S.I. 1988/661, 909, 1444, 1843, 1971, 1989/43, 416, 566, 1017, 1322, 1990/546 and by section 24(3) of the Employment Act 1988 (c. 19).

f3

S.I. 1989/590; relevant amending instrument is S.I. 1989/1430.

f4

S.I. 1989/578; relevant amending instrument is S.I. 1989/1446.

f5

S.I. 1988/1890, amended by 1989/43, 361 and 972.