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The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024

S.I. 2024/1092 · Made 4 November 2024

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

This Statutory Instrument has been made in consequence of a defect in S.I. 2021/1031 and is being issued free of charge to all known recipients of that Statutory Instrument.

SOCIAL SECURITY

Made at 9.40 a.m. on 4th November 2024

Laid before Parliament at 4.00 p.m. on 4th November 2024

Coming into force 29th November 2024

The Secretary of State makes this Order in exercise of the powers conferred by sections 140B(1), (3), (4) and (4A), 140C(1), (1A), (2) and (4), 140F(2) and 189(1), (4), (6) and (7) of the Social Security Administration Act 1992f1.

In accordance with section 189(8) of that Actf2, the Secretary of State has obtained the consent of the Treasury.

In accordance with section 176(1)(b) of that Actf3, the Secretary of State has consulted with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Annotations to the whole text

Footnotes

f1

1992 c. 5 (“the Administration Act”). Sections 140B, 140C and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c. 52). Section 140B(1) was amended by paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47) (“the Fraud Act”). Section 140B(4) was substituted and section 140B(4A) was inserted by section 10 of the Fraud Act. Section 140C(1A) was inserted by paragraph 37 of Schedule 7 to the Local Government Act 2003 (c. 26). Sections 140B, 140C and 140F were repealed by Part 1 of Schedule 14 to the Welfare Reform Act 2012 (c. 5) so far as they relate to the abolition of council tax benefit. There are amendments to section 189(1), (4) and (6) which are not relevant to this Order. Section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and by paragraph 10 of Schedule 1 to the Fraud Act.

f2

Relevant amendments were made by paragraph 3(5) of Schedule 13 to the Housing Act 1996 and paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c. 21).

f3

Section 176(1)(b) was amended by paragraph 3(4) of Schedule 13 to the Housing Act 1996.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of the Income-related Benefits (Subsidy to Authorities) Order 1998 and effect of amendments
  3. 3Housing Benefit Assurance Process
  4. 4Amendment relating to self-contained accommodation
  5. 5Amendment relating to technical overpayment
  6. 6The amount of an authority’s subsidy
  7. 7Additional amount of subsidy: Verify Earnings and Pension Alerts Service
  8. 8Additional amount of subsidy: Housing Benefit Award Accuracy Initiative
  9. 9Rent rebate deductions from the subsidy of an authority in Wales
  10. Signature
  11. Schedule Substitution of Schedule 1 to the Income-related Benefits (Subsidy to Authorities) Order 1998
  12. Explanatory note

1Citation, commencement and extent

(1)

This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 and comes into force on 29th November 2024.

(2)

This Order extends to England and Wales and Scotland.

2Amendment of the Income-related Benefits (Subsidy to Authorities) Order 1998 and effect of amendments

(1)

The Income-related Benefits (Subsidy to Authorities) Order 1998f1 is amended in accordance with articles 3 to 9.

(2)

Articles 3, 6 and 8, and the Schedule, have effect for the purpose of determining subsidy payable for the relevant yearf2 beginning with 1st April 2023.

(3)

Articles 4 and 5 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2024 and any subsequent relevant year.

(4)

Articles 7 and 9 have effect for the purpose of determining subsidy payable for the relevant year beginning with 1st April 2024.

(5)

In this article, “relevant year” means the year in respect of which a claim for subsidy is made.

3Housing Benefit Assurance Process

In article 2 (interpretation of Parts 2 and 4), in the definition of “HBAP”, for “17th April 2023” substitute “1st April 2024”f1.

4Amendment relating to self-contained accommodation

In article 17 (subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation), for paragraph (4) substitute—

“(4)

For the purposes of this article and articles 17A, 17B and 17C, accommodation is self-contained if P’s household has the exclusive use of a kitchen, a bathroom and a toilet.”.

5Amendment relating to technical overpayment

In article 18 (additions to subsidy), for paragraph (7A) substitute—

“(7A)

A technical overpayment does not include any part of the overpayment occurring before the day on which the liability was reduced or eliminated.”.

6The amount of an authority’s subsidy

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

7Additional amount of subsidy: Verify Earnings and Pension Alerts Service

In paragraph 2 of Schedule 1ZB (additional amount of subsidy: Verify Earnings and Pension Alerts Service)—

(a)

in the heading, for “1st April 2023” substitute “1st April 2024”;

(b)

for “1st April 2023” substitute “1st April 2024”;

(c)

for “Housing Benefit Circular HB S7/2023” to the end substitute “Housing Benefit Circular HB S6/2024 first published by the Department for Work and Pensions on 23rd April 2024f1”.

8Additional amount of subsidy: Housing Benefit Award Accuracy Initiative

In Schedule 1ZC (additional amount of subsidy: Housing Benefit Award Accuracy Initiative)—

(a)

in paragraph 1 (interpretation), in the definition of “HBAAI”, for “Housing Benefit Circular HB A5/2022” to the end of that definition substitute “Housing Benefit Circular HB A4/2023 first published by the Department for Work and Pensions on 4th April 2023f1”;

(b)

in paragraph 2 (additional amount: relevant year beginning with 1st April 2022)—

(i)

in the heading, for “1st April 2022” substitute “1st April 2023”;

(ii)

for “1st April 2022” substitute “1st April 2023”;

(iii)

for “following Housing Benefits Circulars” to the end substitute “Housing Benefit Circular HB S6/2023 first published by the Department for Work and Pensions on 27th April 2023f2”.

9Rent rebate deductions from the subsidy of an authority in Wales

In Schedule 4A (rent rebate limitation deductions (Housing Revenue Account dwellings): authorities in Wales)—

(a)

in paragraph 3(2), for “1st April 2023 is 0.44” substitute “1st April 2024 is 0.397”;

(b)

for paragraph 4, but not including the heading, substitute—

“4

The amounts for the relevant year beginning with 1st April 2024 for the purposes of paragraph 2 are as follows—

Local authority(1) Specified amount “O” (£)(2) Guideline rent increase “P” (£)
Caerphilly County Borough Council112.668.69
Cardiff City Council127.019.93
Carmarthenshire County Council111.848.66
Denbighshire County Council112.788.85
Flintshire County Council118.069.06
Isle of Anglesey County Council113.438.86
Pembrokeshire County Council114.898.46
Powys County Council115.708.81
Swansea City Council113.199.05
Vale of Glamorgan Council126.039.39
Wrexham County Borough Council116.238.94

”.

Signature

Signed by authority of the Secretary of State for Work and Pensions

Stephen Timms

Minister of State

Department for Work and Pensions

at 9.40 a.m. on 4th November 2024

We consent

Jeff Smith

Taiwo Owatemi

Two of the Lords Commissioners of His Majesty’s Treasury

29th October 2024

Substitution of Schedule 1 to the Income-related Benefits (Subsidy to Authorities) Order 1998

“Schedule 1

Sums to be used in the calculation of subsidy

Article 12(1)(b)

Relevant Year 2023-2024

Local authorityAdministration subsidy (£)
England
Adur District Council144,908
Amber Valley Borough Council295,394
Arun District Council365,742
Ashfield District Council331,126
Ashford Borough Council309,360
Babergh District Council179,042
London Borough of Barking and Dagenham809,485
London Borough of Barnet1,281,592
Barnsley Borough Council829,214
Basildon District Council557,100
Basingstoke and Deane District Council348,402
Bassetlaw District Council300,656
Bath and North East Somerset Council431,208
Bedford Borough Council480,628
London Borough of Bexley548,449
Birmingham City Council5,164,131
Blaby District Council138,695
Blackburn with Darwen Borough Council498,286
Blackpool Borough Council708,058
Bolsover District Council219,452
Bolton Metropolitan Borough Council932,725
Boston Borough Council170,745
Bournemouth, Christchurch and Poole Council1,150,485
Bracknell Forest Borough Council241,442
Bradford Metropolitan Borough Council1,551,473
Braintree District Council339,986
Breckland District Council294,472
London Borough of Brent1,376,000
Brentwood District Council125,128
Brighton and Hove Council1,033,579
Bristol City Council1,460,137
Broadland District Council188,381
London Borough of Bromley752,016
Bromsgrove District Council153,660
Broxbourne Borough Council244,426
Broxtowe Council220,846
Buckinghamshire Council893,783
Burnley Borough Council369,524
Bury Metropolitan Borough Council513,824
Calderdale Borough Council670,025
Cambridge City Council292,879
London Borough of Camden1,261,354
Cannock Chase District Council233,874
Canterbury City Council361,597
Castle Point District Council163,447
Central Bedfordshire Council480,476
Charnwood Borough Council308,215
Chelmsford Borough Council328,230
Cheltenham Borough Council269,878
Cherwell District Council294,957
Cheshire East Council758,734
Cheshire West and Chester Council886,577
Chesterfield Borough Council363,786
Chichester District Council256,384
Chorley Borough Council249,483
City of London48,369
Colchester Borough Council412,355
Cornwall Council1,574,511
Cotswold District Council166,729
Coventry City Council996,150
Crawley Borough Council348,831
London Borough of Croydon1,598,030
Cumberland Council764,941
Dacorum Borough Council364,088
Darlington Borough Council362,930
Dartford Borough Council227,626
Derby City Council755,983
Derbyshire Dales District Council122,265
Doncaster Metropolitan Borough Council1,004,663
Dorset Council848,663
Dover District Council358,499
Dudley Metropolitan Borough Council910,408
Durham County Council1,911,380
London Borough of Ealing1,369,183
East Cambridgeshire District Council154,853
East Devon District Council275,092
East Hampshire District Council175,869
East Hertfordshire District Council254,040
East Lindsey District Council436,740
East Riding of Yorkshire Council654,419
East Staffordshire Borough Council223,782
East Suffolk Council642,053
Eastbourne Borough Council382,151
Eastleigh Borough Council250,317
Elmbridge Borough Council232,988
London Borough of Enfield1,555,662
Epping Forest District Council256,158
Epsom and Ewell Borough Council137,274
Erewash Borough Council305,845
Exeter City Council327,370
Fareham Borough Council158,750
Fenland District Council257,018
Folkestone and Hythe District Council325,328
Forest of Dean District Council200,922
Fylde Borough Council182,691
Gateshead Borough Council822,273
Gedling Borough Council225,562
Gloucester City Council346,805
Gosport Borough Council222,568
Gravesham Borough Council254,666
Great Yarmouth Council424,618
Royal Borough of Greenwich1,276,611
Guildford Borough Council228,416
London Borough of Hackney1,819,435
Halton Borough Council538,156
London Borough of Hammersmith and Fulham1,015,587
Harborough District Council125,448
London Borough of Haringey1,339,619
Harlow District Council329,327
Harrow Council683,194
Hart District Council106,653
Hartlepool Borough Council483,998
Hastings Borough Council451,011
Havant Borough Council238,594
London Borough of Havering563,104
Herefordshire Council397,613
Hertsmere Borough Council252,665
High Peak Borough Council197,066
London Borough of Hillingdon792,555
Hinckley and Bosworth Borough Council202,564
Horsham District Council229,219
London Borough of Hounslow994,808
Huntingdonshire District Council296,681
Hyndburn Borough Council288,924
Ipswich Borough Council445,501
Isle of Wight County Council427,777
Isles of Scilly Council1,665
London Borough of Islington1,420,385
Royal Borough of Kensington and Chelsea887,564
Kings Lynn and West Norfolk Borough Council334,032
Hull City Council1,157,267
Royal Borough of Kingston upon Thames403,294
Kirklees Metropolitan Borough Council1,209,669
Knowsley Borough Council681,210
London Borough of Lambeth1,786,696
Lancaster City Council419,726
Leeds City Council2,307,428
Leicester City Council1,069,174
Lewes District Council237,562
London Borough of Lewisham1,572,555
Lichfield District Council185,595
City of Lincoln Council343,586
Liverpool City Council2,332,089
Luton Borough Council579,639
Maidstone Borough Council331,921
Maldon District Council113,713
Malvern Hills District Council152,943
Manchester City Council2,476,116
Mansfield District Council333,820
Medway Council688,334
Melton Borough Council102,554
London Borough of Merton549,674
Mid Devon District Council166,124
Mid Suffolk District Council165,508
Mid Sussex District Council228,772
Middlesbrough Council613,164
Milton Keynes Borough Council712,425
Mole Valley District Council155,196
New Forest District Council335,240
Newark and Sherwood District Council268,110
Newcastle-Under-Lyme Borough Council283,502
Newcastle City Council1,274,582
London Borough of Newham1,522,337
North Devon District Council245,243
North East Derbyshire District Council251,233
North East Lincolnshire Council545,770
North Hertfordshire District Council260,480
North Kesteven District Council193,994
North Lincolnshire Council449,117
North Norfolk District Council238,470
North Northamptonshire Council783,180
North Somerset Council534,110
North Tyneside Borough Council690,226
North Warwickshire District Council136,700
North West Leicestershire District Council190,374
North Yorkshire Council1,290,458
Northumberland County Council863,396
Norwich City Council564,906
Nottingham City Council1,247,930
Nuneaton and Bedworth Borough Council360,424
Oadby and Wigston Borough Council84,950
Oldham Borough Council827,391
Oxford City Council416,431
Pendle Borough Council240,365
Peterborough City Council625,781
Plymouth City Council922,281
Portsmouth City Council788,243
Preston Borough Council451,261
Reading Borough Council509,420
London Borough of Redbridge816,091
Redcar and Cleveland Borough Council497,549
Redditch Borough Council238,813
Reigate and Banstead Borough Council264,684
Ribble Valley Borough Council80,868
London Borough of Richmond upon Thames417,605
Rochdale Borough Council820,951
Rochford District Council126,896
Rossendale Borough Council182,365
Rother District Council239,115
Rotherham Borough Council852,514
Rugby Borough Council242,121
Runnymede Borough Council154,119
Rushcliffe Borough Council157,285
Rushmoor Borough Council250,951
Rutland County Council62,294
Salford City Council1,057,752
Sandwell Metropolitan Borough Council1,104,077
Sefton Metropolitan Borough Council959,220
Sevenoaks District Council220,052
Sheffield City Council1,753,447
Shropshire Council660,361
Slough Borough Council447,544
Solihull Metropolitan Borough Council505,172
Somerset Council1,445,793
South Cambridgeshire District Council221,248
South Derbyshire District Council159,711
South Gloucestershire Council450,072
South Hams District Council187,124
South Holland District Council176,989
South Kesteven District Council303,297
South Norfolk District Council227,293
South Oxfordshire District Council223,637
South Ribble Borough Council198,807
South Staffordshire District Council207,288
South Tyneside Council700,264
Southampton City Council927,932
Southend-on-Sea City Council626,918
London Borough of Southwark1,824,889
Spelthorne Borough Council199,810
St Albans District Council252,832
St Helens Borough Council633,266
Stafford Borough Council230,594
Staffordshire Moorlands District Council144,884
Stevenage Borough Council254,782
Stockport Borough Council668,915
Stockton-on-Tees Borough Council605,541
Stoke-on-Trent City Council880,663
Stratford-on-Avon District Council249,431
Stroud District Council231,588
Sunderland City Council1,174,141
Surrey Heath Borough Council124,617
London Borough of Sutton611,187
Swale Borough Council410,459
Swindon Borough Council588,165
Tameside Metropolitan Borough Council827,048
Tamworth Borough Council195,326
Tandridge District Council169,459
Teignbridge District Council297,039
Telford and Wrekin Council552,361
Tendring District Council462,861
Test Valley Borough Council233,413
Tewkesbury Borough Council175,660
Thanet District Council547,404
Three Rivers Council175,378
Thurrock Borough Council450,178
Tonbridge and Malling District Council246,761
Torbay Council487,377
Torridge District Council161,815
London Borough of Tower Hamlets1,818,079
Trafford Metropolitan Borough Council563,786
Tunbridge Wells Borough Council225,164
Uttlesford District Council142,958
Vale of White Horse District Council222,944
Wakefield Council1,053,254
Walsall Borough Council917,774
London Borough of Waltham Forest899,163
London Borough of Wandsworth1,257,535
Warrington Borough Council537,006
Warwick District Council250,094
Watford Borough Council256,034
Waverley Borough Council201,040
Wealden District Council246,370
Welwyn Hatfield District Council325,673
West Berkshire Council310,174
West Devon Borough Council117,292
West Lancashire District Council280,411
West Lindsey District Council228,035
West Northamptonshire Council808,288
West Oxfordshire District Council191,155
West Suffolk Council366,046
City of Westminster1,251,108
Westmorland and Furness Council446,532
Wigan Council981,046
Wiltshire Council991,414
Winchester City Council223,686
Royal Borough of Windsor and Maidenhead256,381
Wirral Borough Council1,190,388
Woking Borough Council185,741
Wokingham District Council192,377
Wolverhampton City Council984,198
Worcester City Council246,778
Worthing Borough Council281,317
Wychavon District Council245,415
Wyre Borough Council278,034
Wyre Forest District Council271,852
City of York Council381,258
Wales
Blaenau Gwent County Borough Council300,229
Bridgend County Borough Council453,123
Caerphilly County Borough Council601,312
Cardiff City Council1,211,618
Carmarthenshire County Council498,388
Ceredigion Council180,275
Conwy County Borough Council337,206
Denbighshire County Council334,695
Flintshire County Council409,718
Gwynedd Council299,890
Isle of Anglesey County Council197,052
Merthyr Tydfil Borough Council222,092
Monmouthshire County Council214,478
Neath Port Talbot County Borough Council574,560
Newport City Council562,162
Pembrokeshire County Council359,788
Powys County Council316,553
Rhondda-Cynon-Taff County Borough Council733,133
Swansea City Council886,041
Torfaen Borough Council382,783
Vale of Glamorgan Council339,533
Wrexham County Borough Council449,708
Scotland
Aberdeen City Council606,783
Aberdeenshire Council446,278
Angus Council360,519
Argyll and Bute Council258,916
Clackmannanshire Council227,517
Comhairle Nan Eilean Siar Council90,461
Dumfries and Galloway Council514,471
Dundee City Council757,569
East Ayrshire Council507,744
East Dunbartonshire Council200,826
East Lothian District Council331,524
East Renfrewshire Council170,406
City of Edinburgh Council1,462,219
Falkirk District Council543,414
Fife Council1,319,958
Glasgow City Council3,438,326
Highland Council669,091
Inverclyde District Council400,434
Midlothian Council289,515
Moray Council228,786
North Ayrshire Council656,828
North Lanarkshire Council1,349,991
Orkney Islands Council51,915
Perth and Kinross Council354,552
Renfrewshire Council663,257
Scottish Borders Council349,100
Shetland Islands Council45,423
South Ayrshire Council422,214
South Lanarkshire Council1,110,816
Stirling Council259,851
West Dunbartonshire Council451,873
West Lothian Council634,535

”.

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. Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992 (c. 5) authorise the making, revocation or varying of an Order before, during or after the year to which it relates.

Article 3 updates the definition of “HBAP” in article 2 of the 1998 Order to refer to the appropriate version of the Housing Benefit Assurance Process, published on 1st April 2024. Article 4 updates the meaning of “self-contained accommodation” for the purposes of articles 17 to 17C of the 1998 Order. Article 5 makes a correction to paragraph (7A), the definition of “technical overpayment” for the purposes of article 18 of the 1998 Order.

Article 6 and the Schedule substitute Schedule 1 to the 1998 Order, which prescribes the sums to be used in the calculation of subsidy for the year beginning with 1st April 2023.

Article 7 amends Schedule 1ZB to the 1998 Order, which 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 amendments to Schedule 1ZB have effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2024. The amounts were notified by the Secretary of State to local authorities on 23rd April 2024.

Article 8 amends Schedule 1ZC to the 1998 Order. The definition of “HBAAI” in paragraph 1 of that Schedule is updated to refer to the most recent version of the Housing Benefit Award Accuracy Initiative, published on 4th April 2023. Paragraph 2 of Schedule 1ZC prescribes a system for the making of additional payments of subsidy to authorities verifying the accuracy of information held in respect of the household, income and capital, and general financial circumstances of claimants for housing benefit. The amendments to Schedule 1ZC have effect for the purposes of determining additional amounts of subsidy payable for the year beginning with 1st April 2023. The amounts were notified by the Secretary of State to local authorities on 27th April 2023 and revised on 19th December 2023.

Article 9 amends Schedule 4A to the 1998 Order, to update the rebate proportion figure for 2024/2025 to 0.397, and to set out revised specified amounts “O” and guideline rent increases “P” used when calculating deductions from subsidy under paragraph 2 of Schedule 4A. The amendments to Schedule 4A have effect for the purposes of determining subsidy payable for the year beginning with 1st April 2024 for authorities in Wales.

Hard copies of the circulars referenced in this Order are available by writing to the Department for Work and Pensions, Local Authority Partnership, Engagement and Delivery Division, Peel Park Phase 2, First Floor Blue Zone, Brunel Way, Blackpool, Lancashire FY4 5ES or by emailing [email protected].

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.