# The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011

S.I. 2011/2957 · made 8 December 2011

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.

Made under: Social Security Administration Act 1992 (Section 140B, Section 140C, Section 140F, Section 189)

PDFs: Printed copy https://openlegislation.uk/income-related-benefits-subsidy-to-authorities-amendment-order-2011/pdf/uksi_20112957_en.pdf; Explanatory Memorandum https://openlegislation.uk/income-related-benefits-subsidy-to-authorities-amendment-order-2011/pdf/uksiem_20112957_en.pdf

## Introductory text

Social Security
Made 8th December 2011
Laid before Parliament 13th December 2011
Coming into force 1st February 2012
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 140B(1), (3) and (4), 140C(1) and (4), 140F(2) and 189(1), (4), (5) and (7) of the Social Security Administration Act 1992.
In accordance with section 189(8) of that Act the Secretary of State has obtained the consent of the Treasury.
In accordance with section 176(1) of that Act, consultation has taken place with organisations appearing to the Secretary of State to be representative of the authorities concerned.

## 1 Citation, commencement and interpretation

(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 and comes into force on 1st February 2012.
(2) Articles 2 and 3 have effect from 1st April 2010.
(3) Articles 4 to 6 have effect from 1st April 2011.
(4) In this Order “the 1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998.

## 2 Amendment of Parts 2 and 4 of the 1998 Order having effect from 1st April 2010

(1) In Part 2 (claims for and payment of subsidy) of the 1998 Order—
(a) in article 4 (requirement of claim) omit paragraphs (4) and (4ZA);
(b) in article 9(2) (payment of subsidy for the relevant year)—
(i) at the end of sub-paragraph (a) insert “and”; and
(ii) omit sub-paragraphs (c) and (d).
(c) omit article 9A (transitional protection adjustments).
(2) In Part 4 (transitional and savings) of the 1998 Order omit article 22 (provisions for claims for 1997/98).

## 3 Substitution of Schedule 1 to the 1998 Order having effect from 1st April 2010

For Schedule 1 (sums to be used in the calculation of subsidy) to the 1998 Order substitute the Schedule in Schedule 1 to this Order.

## 4 Amendment of Part 3 of the 1998 Order having effect from 1st April 2011

(1) Part 3 (calculation of subsidy) of the 1998 Order is amended as follows.
(2) In article 11(1) (interpretation of Part 3) after the definition of “the Community Charge Benefits Regulations” insert—
““the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006;”.
(3) In article 16 (treatment of high rents in rent allowance cases) omit paragraph (4)(b).
(4) In article 17A (subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation), in paragraph (3)(a) after “Order” insert “(as in force on 1st January 2011)”.
(5) In article 17B (subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodation) at the end of paragraph (1) add—
“and
(d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.”.
(6) In article 17C (subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation)—
(a) at the end of paragraph (1) add—
“and
(d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.”; and
(b) in paragraph (3)(a) after “Order” insert “(as in force on 1st January 2011)”.
(7) In article 18 (additions to subsidy)—
(a) at the end of paragraph (1) add—
“(f) where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 19 (deductions made in calculating subsidy) was a payment on account overpayment, 100 per cent. of so much of the overpayment as has not been recovered by the authority.”;
(b) in paragraph (2)—
(i) omit sub-paragraph (c); and
(ii) after sub-paragraph (d) add—
“or
(e) a payment on account overpayment.”;
(c) for paragraph (7) substitute—
“(7) Subject to paragraph (7A), in paragraph (2)(b) “technical overpayment” means an overpayment which occurs as a result of—
(a) a rebate or council tax benefit being awarded and entitlement to that rebate or benefit being reduced or eliminated because, subsequent to that award, the liability in respect of which the rebate or benefit was awarded was reduced or eliminated; or
(b) council tax benefit being awarded and entitlement to that benefit being reduced or eliminated because, subsequent to that award, there was a change of circumstances that does not fall within paragraph (a).
(7A) A technical overpayment does not include any part of the overpayment occurring—
(a) in a case to which paragraph (7)(a) applies, before the day on which the liability was reduced or eliminated; or
(b) in a case to which paragraph (7)(b) applies, before the day on which the authority suspended, revised or superseded the award, whichever is earliest.
(7B) In paragraphs (1)(f) and (2)(e), “payment on account overpayment” means an amount paid on account under regulation 93 of the Housing Benefit Regulations or regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.”.

## 5 Amendment of Schedule 4 to the 1998 Order having effect from 1st April 2011

(1) Part 2 of Schedule 4 (high rents and rent allowance) to the 1998 Order is amended as follows.
(2) In paragraph 2 for “paragraph 6, 7, 8, 9 or 11” substitute “paragraph 6, 7, 8 or 9”.
(3) Omit paragraph 11.

## 6 Amendment of Schedule 4A to the 1998 Order having effect from 1st April 2011

(1) Schedule 4A (rent rebate limitation deductions (Housing Revenue Account dwellings)) to the 1998 Order is amended as follows.
(2) In Part 1 (interpretation) in paragraph 1 omit the definitions of “RPI figure” and “service charge”.
(3) In Part 2 (England) in paragraph 2 (liability to deduction)—
(a) for sub-paragraph (2) substitute—
“(2) The subsidy limitation rent for an authority is equal to the average weekly rent for a dwelling for the authority for the relevant year, calculated in accordance with sub-paragraph (3).”;
(b) omit sub-paragraph (4);
(c) in sub-paragraphs (5) and (8) for “sub-paragraphs (3) and (4)” substitute “sub-paragraph (3)”;
(d) omit sub-paragraphs (6) and (7).
(4) For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 2 to this Order.
(5) For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 3 to this Order.

## Signature

Signed by authority of the Secretary of State for Work and Pensions.
Freud
Parliamentary Under-Secretary of State,
Department for Work and Pensions
8th December 2011
We consent
Angela Watkinson
Jeremy Wright
Two of the Lords Commissioners of Her Majesty’s Treasury
7th December 2011

## Schedule 1 Schedule to be substituted for Schedule 1 to the 1998 Order

“SCHEDULE 1
Sums to be used in the calculation of subsidy
Article 12(1)(b)
RELEVANT YEAR 2010-11
Local authority
Administration subsidy (£)
Adur
483,611
Allerdale
816,624
Amber Valley
977,599
Arun
1,256,554
Ashfield
1,082,901
Ashford
824,621
Aylesbury Vale
1,024,213
Babergh
573,000
Barking
2,222,111
Barnet
3,150,240
Barnsley
2,320,518
Barrow in Furness
758,086
Basildon
1,827,533
Basingstoke and Deane
1,168,043
Bassetlaw
941,170
Bath and N E Somerset
1,266,190
Bedford
1,441,847
Bexley
1,772,804
Birmingham
12,967,501
Blaby
477,547
Blackburn with Darwen
1,561,180
Blackpool
2,061,421
Bolsover
690,168
Bolton
2,675,071
Boston
591,031
Bournemouth
1,904,511
Bracknell Forest
696,003
Bradford
5,530,788
Braintree
1,352,241
Breckland
1,014,815
Brent
4,094,516
Brentwood
418,377
Brighton and Hove
3,618,131
Bristol
4,722,950
Broadland
680,164
Bromley
2,244,046
Bromsgrove
495,493
Broxbourne
831,391
Broxtowe
895,207
Burnley
1,151,290
Bury
1,740,570
Calderdale
2,045,865
Cambridge
890,562
Camden
3,694,646
Cannock Chase
895,415
Canterbury
1,073,437
Carlisle
832,994
Castle Point
763,411
Central Bedfordshire
1,582,822
Charnwood
1,006,850
Chelmsford
1,067,054
Cheltenham
967,349
Cherwell
1,055,838
Cheshire East
2,476,187
Cheshire West and Chester
2,470,219
Chesterfield
1,061,291
Chichester
803,719
Chiltern
521,179
Chorley
758,681
Christchurch
397,608
City of London
204,537
Colchester
1,243,651
Copeland
632,135
Corby
643,402
Cornwall
4,660,361
Cotswold
559,839
Coventry
3,557,768
Craven
356,733
Crawley
1,035,153
Croydon
3,628,481
Dacorum
1,042,747
Darlington
1,117,186
Dartford
701,961
Daventry
482,988
Derby
2,296,689
Derbyshire Dales
397,458
Doncaster
3,142,628
Dover
1,032,304
Dudley
2,896,796
Durham
5,559,822
Ealing
3,930,764
East Cambridgeshire
548,884
East Devon
844,524
East Dorset
522,987
East Hampshire
692,209
East Hertfordshire
810,178
East Lindsey
1,366,275
East Northamptonshire
570,638
East Riding of Yorkshire
2,341,818
East Staffordshire
946,190
Eastbourne
1,112,544
Eastleigh
735,875
Eden
336,092
Elmbridge
745,751
Enfield
3,568,775
Epping Forest
822,696
Epsom and Ewell
412,220
Erewash
950,676
Exeter
937,180
Fareham
556,070
Fenland
958,871
Forest Heath
467,528
Forest of Dean
683,393
Fylde
504,147
Gateshead
2,194,649
Gedling
1,029,217
Gloucester
1,384,729
Gosport
743,880
Gravesham
887,755
Great Yarmouth
1,170,664
Greenwich
3,343,167
Guildford
1,025,902
Hackney
4,731,598
Halton
1,424,164
Hambleton
497,816
Hammersmith and Fulham
2,502,295
Harborough
381,431
Haringey
3,632,454
Harlow
955,841
Harrogate
973,971
Harrow
2,241,026
Hart
347,561
Hartlepool
1,366,141
Hastings
1,396,724
Havant
988,194
Havering
1,748,948
Herefordshire
1,367,489
Hertsmere
914,105
High Peak
720,066
Hillingdon
2,470,391
Hinckley and Bosworth
670,698
Horsham
655,793
Hounslow
2,691,753
Huntingdonshire
1,150,862
Hyndburn
974,710
Ipswich
1,277,748
Isle of Wight
1,511,254
Isles of Scilly
9,355
Islington
3,807,726
Kensington and Chelsea
2,319,762
Kettering
697,994
Kings Lynn and West Norfolk
1,250,480
Kingston upon Hull
3,582,178
Kingston upon Thames
1,186,111
Kirklees
3,986,434
Knowsley
2,200,279
Lambeth
4,838,245
Lancaster
1,153,126
Leeds
6,678,289
Leicester
4,073,196
Lewes
755,740
Lewisham
4,493,366
Lichfield
616,070
Lincoln
970,085
Liverpool
7,410,467
Luton
1,914,267
Maidstone
1,062,415
Maldon
439,627
Malvern Hills
508,086
Manchester
6,595,718
Mansfield
1,045,781
Medway
2,422,895
Melton
305,138
Mendip
834,551
Merton
1,615,247
Mid Devon
536,642
Mid Suffolk
507,464
Mid Sussex
685,747
Middlesbrough
2,024,248
Milton Keynes
2,309,480
Mole Valley
461,746
New Forest
1,109,107
Newark and Sherwood
819,643
Newcastle under Lyme
983,615
Newcastle upon Tyne
3,059,184
Newham
4,314,810
North Devon
855,407
North Dorset
428,036
North East Derby
711,310
North East Lincoln
1,954,308
North Hertfordshire
979,118
North Kesteven
661,706
North Lincolnshire
1,527,332
North Norfolk
866,019
North Somerset
1,853,920
North Tyneside
1,963,543
North Warwickshire
476,702
North West Leicester
643,820
Northampton
2,058,581
Northumberland
2,508,348
Norwich
1,611,747
Nottingham
3,714,321
Nuneaton and Bedworth
1,106,433
Oadby and Wigston
329,757
Oldham
2,251,321
Oxford
1,146,857
Pendle
1,115,197
Peterborough
2,016,215
Plymouth
2,545,184
Poole
1,116,386
Portsmouth
2,440,318
Preston
1,280,211
Purbeck
334,171
Reading
1,482,579
Redbridge
2,097,440
Redcar and Cleveland
1,635,232
Redditch
800,056
Reigate and Banstead
853,727
Ribble Valley
264,746
Richmond upon Thames
1,320,669
Richmondshire
271,154
Rochdale
2,314,180
Rochford
484,198
Rossendale
605,046
Rother
791,813
Rotherham
2,527,939
Rugby
776,072
Runnymede
528,952
Rushcliffe
528,544
Rushmoor
730,106
Rutland
212,066
Ryedale
347,839
Salford
3,048,108
Sandwell
3,899,607
Scarborough
1,284,315
Sedgemoor
915,442
Sefton
2,745,712
Selby
508,428
Sevenoaks
711,148
Sheffield
4,798,742
Shepway
1,031,693
Shropshire
2,114,251
Slough
1,488,665
Solihull
1,532,061
South Bucks
345,797
South Cambridgeshire
717,614
South Derbyshire
541,238
South Gloucestershire
2,023,935
South Hams
594,506
South Holland
663,191
South Kesteven
913,680
South Lakeland
565,788
South Norfolk
794,010
South Northamptonshire
397,598
South Oxfordshire
648,458
South Ribble
704,161
South Somerset
1,182,929
South Staffordshire
657,608
South Tyneside
1,782,378
Southampton
2,411,950
Southend on Sea
1,851,368
Southwark
4,358,149
Spelthorne
655,772
St Albans
709,306
St Edmundsbury
776,983
St Helens
1,967,060
Stafford
723,203
Staffordshire Moorlands
569,778
Stevenage
817,405
Stockport
2,528,916
Stockton on Tees
2,098,323
Stoke on Trent
2,784,038
Stratford on Avon
755,527
Stroud
836,999
Suffolk Coastal
771,253
Sunderland
3,750,310
Surrey Heath
453,391
Sutton
1,690,273
Swale
1,263,599
Swindon
1,782,730
Tameside
2,509,661
Tamworth
620,791
Tandridge
467,930
Taunton Deane
910,971
Teignbridge
1,037,547
Telford and Wrekin
1,764,771
Tendring
1,594,870
Test Valley
710,919
Tewkesbury
555,239
Thanet
2,019,312
Three Rivers
579,967
Thurrock
1,386,664
Tonbridge and Malling
764,211
Torbay
1,800,908
Torridge
557,158
Tower Hamlets
4,741,486
Trafford
1,810,665
Tunbridge Wells
739,626
Uttlesford
400,388
Vale of White Horse
734,384
Wakefield
3,553,952
Walsall
3,567,896
Waltham Forest
2,994,101
Wandsworth
3,273,698
Warrington
1,404,810
Warwick
913,626
Watford
732,186
Waveney
1,205,258
Waverley
705,226
Wealden
813,058
Wellingborough
728,218
Welwyn Hatfield
870,322
West Berkshire
1,036,296
West Devon
395,620
West Dorset
693,399
West Lancashire
911,279
West Lindsey
702,598
West Oxfordshire
639,702
West Somerset
364,898
Westminster
2,975,462
Weymouth and Portland
680,564
Wigan
2,852,944
Wiltshire
2,906,603
Winchester
600,166
Windsor and Maidenhead
847,892
Wirral
3,484,159
Woking
622,819
Wokingham
575,411
Wolverhampton
3,252,827
Worcester
836,442
Worthing
936,992
Wychavon
755,946
Wycombe
1,066,086
Wyre
945,451
Wyre Forest
1,014,585
York
1,343,203
Aberdeen
1,705,532
Aberdeenshire
1,401,224
Angus
921,799
Argyll and Bute
845,999
Clackmannanshire
536,149
Comhairle nan Eilean Siar
298,837
Dumfries and Galloway
1,514,510
Dundee
1,997,400
East Ayrshire
1,403,689
East Dunbartonshire
668,100
East Lothian
773,605
East Renfrewshire
456,272
Edinburgh
4,258,260
Falkirk
1,472,435
Fife
3,507,630
Glasgow
10,557,327
Highland
1,929,457
Inverclyde
1,193,175
Midlothian
680,609
Moray
662,670
North Ayrshire
1,686,970
North Lanarkshire
3,688,521
Orkney
160,149
Perth and Kinross
1,134,734
Renfrewshire
2,061,996
Scottish Borders
1,052,409
Shetland
182,934
South Ayrshire
1,092,262
South Lanarkshire
3,109,775
Stirling
621,617
West Dunbartonshire
1,329,835
West Lothian
1,618,624
Blaenau Gwent
846,679
Bridgend
1,340,199
Caerphilly
1,710,987
Cardiff
3,596,006
Carmarthenshire
1,532,065
Ceredigion
589,132
Conwy
1,017,809
Denbighshire
888,898
Flintshire
1,177,659
Gwynedd
975,950
Isle of Anglesey
567,141
Merthyr Tydfil
700,994
Monmouthshire
583,452
Neath and Port Talbot
1,489,013
Newport
1,448,510
Pembrokeshire
1,033,178
Powys
908,585
Rhondda Cynon Taff
2,447,632
Swansea
2,271,123
Torfaen
1,039,357
Vale of Glamorgan
991,488
Wrexham
1,010,094
”

## Schedule 2 Part to be substituted for Part 3 of Schedule 4A to the 1998 Order

“PART 3
WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND
TABLE
RELEVANT YEAR 2011-12
Authority
Weekly rent limit
Adur
£78.49
Arun
£79.61
Ashfield
£57.71
Ashford
£77.25
Babergh
£75.41
Barking
£80.92
Barnet
£90.73
Barnsley
£62.42
Barrow
£65.01
Basildon
£73.34
Bassetlaw
£61.78
Birmingham
£70.24
Blackpool
£59.94
Bolsover
£67.09
Bolton
£62.34
Bournemouth
£70.58
Brent
£97.66
Brentwood
£80.99
Brighton and Hove
£72.11
Bristol
£68.62
Broxtowe
£62.65
Bury
£65.61
Cambridge
£85.14
Camden
£102.29
Cannock Chase
£64.06
Canterbury
£76.11
Castle Point
£77.57
Central Bedfordshire
£85.12
Charnwood
£62.81
Cheltenham
£69.95
Cheshire West and Chester
£67.98
Chesterfield
£66.49
City of London
£92.81
City of York
£67.83
Colchester
£74.51
Corby
£65.83
Cornwall
£61.47
Crawley
£85.98
Croydon
£92.39
Dacorum
£89.67
Darlington
£60.52
Dartford
£76.75
Derby
£66.55
Doncaster
£61.39
Dover
£73.79
Dudley
£70.14
Durham
£58.86
Ealing
£89.80
East Devon
£68.55
East Riding
£66.03
Eastbourne
£66.60
Enfield
£86.22
Epping Forest
£83.91
Exeter
£63.92
Fareham
£76.91
Gateshead
£63.94
Gloucester
£67.76
Gosport
£72.53
Gravesham
£76.80
Great Yarmouth
£63.20
Greenwich
£86.49
Guildford
£93.78
Hackney
£87.00
Hammersmith
£97.90
Haringey
£91.16
Harlow
£78.95
Harrogate
£69.87
Harrow
£96.48
Havering
£81.23
High Peak
£62.95
Hillingdon
£95.24
Hinckley
£66.60
Hounslow
£88.66
Ipswich
£69.26
Isles of Scilly
£69.20
Islington
£98.03
Kensington
£109.02
Kettering
£68.73
Kingston upon Hull
£63.17
Kingston upon Thames
£97.02
Kirklees
£60.38
Lambeth
£91.80
Lancaster
£65.70
Leeds
£62.40
Leicester
£62.17
Lewes
£76.48
Lewisham
£81.80
Lincoln
£57.86
Luton
£73.30
Manchester
£64.67
Mansfield
£62.21
Medway Towns
£70.18
Melton
£64.68
Mid Devon
£67.36
Mid Suffolk
£70.34
Milton Keynes
£71.79
North East Derbyshire
£67.03
New Forest
£84.30
Newark
£66.00
Newcastle upon Tyne
£63.45
Newham
£81.23
North Kesteven
£65.61
North Tyneside
£63.59
North Warwick
£73.42
Northampton
£70.04
Northumberland
£57.33
Norwich
£67.16
Nottingham
£63.41
Nuneaton
£66.10
North West Leicester
£66.54
Oadby and Wigston
£66.55
Oldham
£61.73
Oxford City
£89.56
Poole
£72.95
Portsmouth
£72.09
Reading
£90.08
Redbridge
£90.77
Redditch
£66.49
Richmondshire
£66.57
Rochdale
£62.09
Rotherham
£62.87
Rugby
£72.55
Runnymede
£93.32
Salford
£64.97
Sandwell
£70.34
Sedgemoor
£67.56
Selby
£66.97
Sheffield
£60.56
Shepway
£71.88
Shropshire
£69.46
Slough
£89.56
Solihull
£70.12
South Cambridge
£88.33
South Derbyshire
£67.57
South Holland
£63.41
South Kesteven
£65.98
South Lakeland
£74.55
South Tyneside
£62.54
Southampton
£71.79
Southend on Sea
£73.86
Southwark
£90.60
St Albans
£94.77
Stevenage
£83.62
Stockport
£63.09
Stockton
£67.52
Stoke on Trent
£60.97
Stroud
£70.96
Sutton
£89.53
Swindon
£69.73
Tamworth
£68.77
Tandridge
£82.66
Taunton Deane
£69.59
Tendring
£71.14
Thanet
£70.42
Thurrock
£72.97
Tower Hamlets
£92.18
Uttlesford
£84.51
Waltham Forest
£85.42
Wandsworth
£105.16
Warrington
£66.70
Warwick
£78.82
Waveney
£67.10
Waverley
£93.92
Wealden
£72.19
Welwyn Hatfield
£89.35
West Lancashire
£64.79
Westminster
£106.58
Wigan
£65.29
Wiltshire
£77.03
Winchester
£85.55
Woking
£89.58
Wokingham
£94.11
Wolverhampton
£67.54
Wycombe
£90.43
”

## Schedule 3 Part to be substituted for Part 5 of Schedule 4A to the 1998 Order

“PART 5
AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES
TABLE
RELEVANT YEAR 2011-12
Authority
(1)
Specified Amount “O”
£
(2)
Guideline rent increase
£
Caerphilly
3.60
2.86
Cardiff
71.42
3.93
Carmarthen
61.58
3.64
Denbighshire
59.06
3.71
Flintshire
62.38
3.09
Isle of Anglesey
58.61
3.06
Pembrokeshire
61.76
3.77
Powys
63.95
3.31
Swansea
61.74
3.05
Vale of Glamorgan
68.41
3.83
Wrexham
60.92
3.46
”

## Explanatory note

(This note is not part of the Order)
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 has effect from 1st April 2010, revokes article 4(4) and (4A) of the 1998 Order. These required returns in respect of arrangements relating to fraud and error which have been revoked. Article 2 also revokes articles 9A and 22 of the 1998 Order which are transitional provisions that are no longer needed. It amend article 9(2) to remove references to article 9A.
Article 3, which also has effect from 1st April 2010, 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 year beginning on 1st April 2010.
Article 4, which has effect from 1st April 2011, amends Part 3 of the 1998 Order. It amends articles 17A and 17C, which make provision for the calculation of subsidy for certain kinds of temporary accommodation, to clarify which local housing allowance rate is to be used in the calculation for accommodation with five bedrooms. It also amends articles 17B and 17C so that arrangements for calculating subsidy in relation to temporary accommodation do not cover exempt accommodation, where a non-profit landlord, or someone acting on its behalf, provides care, support or supervision to the tenant. Article 4 also inserts in article 11 (interpretation of Part 3) a new definition which is needed for these amendments.
Article 4 also amends article 18, which provides for additions to subsidy in respect of certain overpayments. It substitutes a simpler definition of “technical overpayment” which applies to overpayments of rent rebate and council tax benefit where the rebate or benefit is reduced or eliminated as a result of a reduction or elimination of a liability to pay rent or council tax, or where entitlement to council tax benefit is reduced or eliminated because of some other change of circumstances. It does not apply to any overpayment occurring before the liability was reduced or eliminated, or before the authority suspended, revised or superseded the award of council tax benefit. It also removes the separate provision in article 18(2)(c) relating to overpayments arising as a result of a reduction in the amount of council tax a person is liable to pay, as this is within the new definition of a technical overpayment.
Article 4 also adds a new category of overpayment to cover payments on account paid in excess of final benefit entitlement. Subsidy of 100 per cent. will be payable on any amount that the authority has not recovered. Article 4(3) and Article 5 (which also takes effect from 1st April 2011) revoke existing provisions about subsidy in relation to payments on account, which are superseded by these amendments.
Article 6, which also has effect from 1st April 2011, amends Schedule 4A to the 1998 Order, which determines whether or not an authority is liable to a deduction from rent rebate subsidy payable for 2011-12. With respect to authorities in England, paragraph (3) simplifies the calculation so that it is based on the average weekly rent for a dwelling in the authority’s Housing Revenue Account, and paragraph (4) substitutes a new table in Part 3 of Schedule 4A (weekly rent limits). With respect to authorities in Wales, paragraph (5) substitutes a new table in Part 5 of Schedule 4A which sets out the specified amount “O” and the guideline rent increase used when calculating deductions from subsidy under paragraph 4 in Part 4 of that Schedule.
A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

---
Source: https://www.legislation.gov.uk/uksi/2011/2957 (the official version)
Page: https://openlegislation.uk/income-related-benefits-subsidy-to-authorities-amendment-order-2011
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.