{
  "url": "https://openlegislation.uk/housing-benefit-subsidy-order-1990/article-5",
  "json_url": "https://openlegislation.uk/housing-benefit-subsidy-order-1990/article-5.json",
  "legislation": "uksi/1990/785",
  "legislation_title": "The Housing Benefit (Subsidy) Order 1990",
  "legislation_url": "https://openlegislation.uk/housing-benefit-subsidy-order-1990",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Disproportionate rent increase",
  "text": "(1) Where the average rent increase of an authority’s Category A tenants is greater than the average rent increase of their Category B tenants, for the purposes of article 3(1)(b), the appropriate amount for such part of the qualifying expenditure as is attributable to rent rebates granted during the relevant year shall be–\n(a) 25 per cent. of that portion of the qualifying expenditure as is determined in accordance with paragraph (3); and\n(b) 97 per cent. of the balance.\n(2) For the purposes of paragraph (1), the average rent increase shall be determined by comparing the average rents of Category A tenants or, as the case may be, Category B tenants on the first relevant date with their average rent on the second relevant date.\n(3) For the purposes of paragraph (1)(a), the portion of the qualifying expenditure shall be determined in accordance with the formula–\nA-(A×BC) Where–\nA is the total of rent rebates granted by the authority to Category A tenants and other tenants during the relevant year;\nB is the amount calculated in accordance with the formula–\nDE×100 C is the amount calculated in accordance with the formula–\nFG×100 D is the average rent for Category B tenants on the second relevant date;\nE is the average rent for Category B tenants on the first relevant date;\nF is the average rent for Category A tenants on the second relevant date;\nG is the average rent for Category A tenants on the first relevant date.\n(4) In this article–\n“Category A tenants” means tenants of the authority who on the first and second relevant dates are in receipt of rent rebates and reside at the same address on both dates;\n“Category B tenants” means tenants of the authority who are not in receipt of rent rebates on the first and second relevant dates but reside at the same address on both dates;\n“first relevant date” means a date, other than a day falling in a rent free period, determined by the authority occurring in March 1989; and\n“second relevant date” means the same date occurring in March 1990 but if that date falls in a rent free period the nearest date in March 1990 to that date which is not in a rent free period;\n“rent” means either–\n(a) the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Regulations (rent); or\n(b) the eligible rent,\nas the authority may determine, provided that wherever the expression “rent” occurs in paragraphs (1) to (3) it has the same meaning throughout.\n(5) This article shall not apply in a case to which article 9 applies.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/1990/785/article/5",
    "retrieved_at": "2026-10-29T15:22:13.081417+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}