# The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (S.I. 1998/562) (“the 1998 Order”) which provides for the calculation and payment of housing benefit subsidy to local authorities in England, Wales and Scotland which administer housing benefit. Section 140F(2) of the Social Security Administration Act 1992 (c.5) authorises the making, revocation or varying of an Order before, during or after the year to which it relates.
Article 3(2) substitutes Schedule 1 to the 1998 Order with a new Schedule 1 prescribing the sums to be used in the calculation of subsidy for the year beginning 1st April 2017.
Article 3(1)(a) and (3) and Schedule 2 insert a new Schedule 1ZB which has effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2018. In particular, the new Schedule prescribes a system for the making of additional payments of subsidy to authorities administering alerts relating to the earnings and pension entitlement of claimants for housing benefit (“the VEP alert Service”), as notified by the Secretary of State to local authorities on 2nd May 2018.
In the VEP Alert Service, authorities are given funding to carry out activities to enable them to verify earnings and pension information based on their use of real time information. Some or all of the funding may be recovered if the Secretary of State is satisfied that the funding is not being used in connection with those activities. The amendments at article 3(1)(b) and (4) revoke provisions relating to the previous incentive scheme.
Article 4 has effect for the purposes of determining subsidy payable for the year beginning with 1st April 2018. Paragraph (2) amends paragraph 3 of Schedule 4A to provide that the rebate proportion figure for 2018/2019 is 0.756. Paragraph (3) substitutes Part 3 of Schedule 4A to the 1998 Order in respect of weekly rent limits for authorities in England. With respect to authorities in Wales, paragraph (4) substitutes Part 5 of Schedule 4A to the 1998 Order which sets out the specified amount “O” and the guideline rent increase “P” used when calculating deductions from subsidy under paragraph 4 in Part 4 of that Schedule.
The amendments in article 5 reflect new arrangements when local authorities in England claim final subsidy. Those authorities must firstly notify the Secretary of State of the identity of their reporting accountant who must test the claim in accordance with the Housing Benefit Assurance Process (set out on the Department for Work and Pensions website) alongside the authority for compliance with the provisions of the 1998 Order. The reporting accountant must then complete a report of factual findings on the claim which must be submitted the Secretary of State. Article 5 also makes amendments consequential on the new process.
Hard copies of the circulars and guidance referenced in this Order are available from the Department for Work and Pensions, Business Finance and Housing Delivery Directorate, Housing Delivery Division, Room 2.2.R, Peel Park, Blackpool FY4 5ES.
An impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

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Source: https://www.legislation.gov.uk/uksi/2018/985/note (the official version)
Page: https://openlegislation.uk/income-related-benefits-subsidy-to-authorities-amendment-order-2018/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

