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The Income-related Benefits (Subsidy to Authorities) Order 1998

S.I. 1998/562 · Made 4 March 1998 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 5 November 2026.

SOCIAL SECURITY

Made 4th March 1998

Laid before Parliament 10th March 1998

Coming into force 31st March 1998

The Secretary of State for Social Security, with the consent of the TreasuryM1, in exercise of the powers conferred upon her by sections 140B, 140C(1), (2) and (4), 140E and 189(1) and (4) to (7) of the Social Security Administration Act 1992M2, section 122(4) of and paragraph 5 of Schedule 12 to the Housing Act 1996M3 and of all other powers enabling her in that behalf, after consultation, in accordance with section 176(1)(b) of the Social Security Administration Act 1992M4, with organisations appearing to her to be representative of the authorities concerned, hereby makes the following Order:

Annotations to the whole text

Marginal citations

M1

See section 189(8) of the Social Security Administration Act 1992 (c.5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c.52).

M2

1992 c.5 ; sections 140B, 140C and 140E were inserted by section 121 of and paragraph 4 of Schedule 12 to the Housing Act 1996; section 140B was amended by section 10 of, paragraph 7 of Schedule 1 and Schedule 2 to the Social Security Administration (Fraud) Act 1997 (c.47) ; Section 140C(4) gives it retrospective effect.

M3

1996 c.52 ; section 189(3) to (7) of the Social Security Administration Act is applied to paragraph 5 of Schedule 12 to the Housing Act by paragraph 5(3) of that Schedule.

M4

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

Contents

  1. Part I: GENERAL
  2. 1Citation, commencement and interpretation
  3. Part II: CLAIMS FOR AND PAYMENT OF SUBSIDY
  4. 2Interpretation of Parts II and IV
  5. 3Conditions for payment of subsidy
  6. 3AElectronic communications
  7. 4Requirement of claim
  8. 5Requirement to keep records and provide information
  9. 5ATest and reporting requirement: authorities in England
  10. 6Requirement of audit: authorities in Wales and Scotland
  11. 7Final condition for the payment of subsidy
  12. 8In year instalments of subsidy
  13. 8APayment of subsidy before test or audit complete
  14. 9Payment of subsidy for the relevant year
  15. 9ATransitional Protection Adjustments Repealed
  16. 10Estimating subsidy
  17. Part III: CALCULATION OF SUBSIDY
  18. 11Interpretation of Part III
  19. 12Amount of subsidy
  20. 13Housing benefit
  21. 14Backdated benefit
  22. 15Disproportionate rent increase
  23. 15ADisproportionate rent increase – Wales
  24. 16Treatment of high rents in rent allowance cases
  25. 17Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation
  26. 17ASubsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation
  27. 17BSubsidy 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
  28. 17CSubsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation
  29. 18Additions to subsidy
  30. 19Deductions to be made in calculating subsidy
  31. 20Deduction from subsidy
  32. 20ADeductions from subsidy for rebate for dwellings within the Housing Revenue Account: authorities in Wales
  33. 21Additions to and deductions from subsidy in respect of benefit savings Repealed
  34. Part IV: TRANSITIONAL AND SAVINGS
  35. 22Provisions for claims for 1997/98 Repealed
  36. 23Transitional provisions in relation to rent officer determinations
  37. 24Modifications of exemption from improvements rule
  38. Signature
  39. Schedule 1Sums to be used in the calculation of subsidy
  40. Schedule 1A: Additional amount of subsidy: Activities to reduce fraud and error Repealed
  41. 1Interpretation Repealed
  42. 2Additional amount: relevant year beginning with 1st April 2014 Repealed
  43. 3Baseline performance Repealed
  44. 4Determination of out-performance percentages Repealed
  45. Schedule 1ZA: Additional amount of subsidy: Right Benefit Initiative
  46. Paragraph Repealed
  47. Schedule 1ZB: Additional amount of subsidy: Verify Earnings and Pension Alerts Service Repealed
  48. 1Interpretation Repealed
  49. 2Additional amount: relevant year beginning with 1st April 2024 Repealed
  50. 3Use of amount paid under paragraph 2 Repealed
  51. Schedule 1ZC: Additional amount of subsidy: Housing Benefit Award Accuracy Initiative
  52. 1Interpretation
  53. 2Additional amount: relevant year beginning with 1st April 2025
  54. 3Use of amount paid under paragraph 2
  55. Schedule 2: ADJUSTMENT FOR PRIORITISATION OF CLAIMS
  56. 1General and interpretation Repealed
  57. 2Housing benefit claims Repealed
  58. 3Paragraph 3 Repealed
  59. 4Paragraph 4 Repealed
  60. 5Council tax benefit claims Repealed
  61. 6Paragraph 6 Repealed
  62. 7Paragraph 7 Repealed
  63. Schedule 3: CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS
  64. Part I: GENERAL INTERPRETATION Repealed
  65. 1Paragraph 1 Repealed
  66. Part II: DEDUCTIONS Repealed
  67. 2Paragraph 2 Repealed
  68. 3Paragraph 3 Repealed
  69. 4Paragraph 4 Repealed
  70. Part III: CALCULATIONS AND TABLE Repealed
  71. 5Paragraph 5 Repealed
  72. Schedule 4: HIGH RENTS AND RENT ALLOWANCES
  73. Part I: REGULATED TENANCIES
  74. 1Paragraph 1 Repealed
  75. Part II: RENT OFFICERS’ DETERMINATIONS
  76. 2Calculation of the appropriate amount
  77. 3Rent officers’ determinations
  78. 4Paragraph 4
  79. 5Paragraph 5
  80. 6Paragraph 6
  81. 7Rent officers' property-specific rent and claim-related rent
  82. 8Paragraph 8
  83. 9Rent officers’ property-specific and size-related rents
  84. 10Restriction on unreasonable rents or on rent increases
  85. 11Payments on account of rent allowance Repealed
  86. 12Relevant date
  87. 13Termination date
  88. Part III: RECKONABLE RENT CASES
  89. 14Paragraph 14 Repealed
  90. 15Paragraph 15
  91. Part IV: GENERAL AND INTERPRETATION
  92. 16Apportionment
  93. 17Interpretation
  94. Part V: THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES
  95. 18Paragraph 18 Repealed
  96. Schedule 4A: Rent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales
  97. 1Interpretation
  98. 2Liability to deduction
  99. 3Amount of deduction
  100. 4Amounts for the purposes of paragraph 2
  101. Schedule 5: BENEFIT SAVINGS
  102. Paragraph Repealed
  103. Schedule 6: ELECTRONIC COMMUNICATIONS
  104. Part 1: INTERPRETATION
  105. 1Interpretation
  106. Part 2: ELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS
  107. 2Conditions for the use of electronic communications
  108. 3Use of intermediaries
  109. Part 3: ELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS
  110. 4Effect of delivering information by means of electronic communication
  111. 5Proof of identify of sender or recipient of information
  112. 6Proof of delivery of information
  113. 7Proof of content of information
  114. Schedule 7Authorities in London
  115. Schedule 8Broad rental market areas in London
  116. Explanatory note