Explanatory note

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (“the 1998 Order”), which provides for the calculation and payment of housing benefit and council tax benefit subsidy to local authorities in England, Wales and Scotland which administer those benefits. Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992 authorise the making or varying of an Order before, during or after the year to which it relates.

Article 2, which takes effect from 1st April 2008, corrects some of the figures in the table in Schedule 1 to the 1998 Order.

Article 3, which takes effect from 1st April 2009, amends article 18 of the 1998 Order. It amends the definition of “fraudulent overpayment” in paragraph (5) to align it with provisions in the Housing Benefit Regulations 2006. It also inserts a new paragraph (6ZA) to introduce and define a new category of administrative delay overpayments. Article 3 makes other amendments to article 18 which are consequential on the insertion of this new category of overpayment.

Article 4, which also takes effect from 1st April 2009, substitutes a new table in Schedule 1 to the 1998 Order. This substitutes new figures to be used in the calculation of subsidy for the financial year beginning on 1st April 2009.

Article 5, which takes effect from 1st April 2010, makes amendments relating to the subsidy in respect of temporary accommodation provided by local authorities. Paragraphs (2) and (3) amend articles 13, 15 and 15A to refer to article 17A, which was inserted by the Income-Related Benefits (Subsidy to Authorities) (Temporary Accommodation) Order 2009. Paragraph (4) amends articles 17 and 17A. These amendments limit the amount of rent rebate subsidy payable for temporary accommodation to £500 for dwellings located in London broad rental market areas and £375 for dwellings located elsewhere, unless the Secretary of State determines that a higher amount of subsidy is to be paid. Paragraph (5) inserts a new Schedule 8 to the 1998 Order which lists London broad rental market areas.

Article 6, which also takes effect from 1st April 2010, amends Schedule 4A to the 1998 Order. With respect to authorities in England, paragraphs (2), (3) and (4) of Article 6 and Schedule 4 amend Schedule 4A to the 1998 Order to substitute the RPI figure, the annual factor, the rebate proportion and the weekly rent limit for the purposes of determining whether or not an authority is liable to a deduction from subsidy payable for 2010-11. With respect to authorities in Wales, paragraph (5) amends Schedule 4A to substitute the specified amount “O” and the guideline rent increase for the purposes of determining whether or not an authority is liable to a deduction from subsidy payable for 2010-11.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.