OpenLegislation

Article 12 Amount of subsidy

England, Wales and Scotland

F1(1)

Subject to paragraph (2), the amount of an authority’s subsidy for the relevant year is the sum of the following—

(a)

the amount of subsidy calculated in accordance with article 13;

(b)

for an authority identified in column (1) of Schedule 1 (sums to be used in the calculation of subsidy), the amount in respect of the costs of administering the F2housing benefit specified in column (2) of that Schedule for that authority;

F3(bza)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F4bzb)

any additional amount specified by Schedule1ZC (additional amount of subsidy: Housing Benefit Award Accuracy Initiative);

F5(ba)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

for an authority which has modified any part of a scheme it administers in recognition of the operation of a local scheme under section 134(8) of the Act (arrangements for housing benefit), the additional amount calculated in accordance with paragraph (4).

F7(2)

Subject to paragraph (3), any sum paid after 1st April 1997 by way of subsidy in respect of an overpayment of F8housing benefit shall be deducted from any amount of subsidy which would otherwise fall to be paid in respect of any payment of benefit which is treated, in accordance with paragraph 11(3), as made for the same period as that overpayment.

(3)

A deduction shall not be made under paragraph (2) where the sum already paid by way of subsidy is greater than the amount which would fall to be paid.

F9(4)

For the purposes of sub-paragraph F10(1)(d), the additional amount will be 0.2 per cent of the amount or total of amounts calculated in accordance with article 13 but will not exceed 75 per cent of the cost of the total of F11housing benefit paid under the scheme.

Annotations

Textual amendments

F1

Art. 12(1) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), arts. 1(1), 2(2)(a)

F2

Words in art. 12(1)(b) substituted (31.10.2021) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 7

F3

Art. 12(1)(bza) omitted (with application in accordance with art. 2(3) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2026 (S.I. 2026/1079), arts. 1(1), 4(1)

F4

Art. 12(bzb) inserted (with effect in accordance with art. 2(2) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), arts. 1(1), 4(1)

F5

Art. 12(1)(ba) omitted (with effect in accordance with art. 1(4) of the amending S.I.) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2018 (S.I. 2018/985), arts. 1(1), 3(1)(b)

F6

Art. 12(1)(c) omitted (26.10.2017) by virtue of The Income-related Benefits (Subsidy to Authorities) Amendment Order 2017 (S.I. 2017/900), art. 2(2)(b), reg. 1

F7

Art. 12(2)(3) inserted (25.9.2000) by The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2000 (S.I. 2000/2340), arts 1, 2(b)(ii)

F8

Words in art. 12(2) substituted (31.10.2021) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 7

F9

Art. 12(4) inserted (with effect in accordance with art. 1(2) of the commencing S.I.) by Income-related Benefits (Subsidy to Authorities) Amendment Order 2006 (S.I. 2006/54) , arts. 1(1) , 3(3)(b)

F10

Word in art. 12(4) substituted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2015 (S.I. 2015/1784), arts. 1(1), 2(2)(b)

F11

Words in art. 12(4) substituted (31.10.2021) by The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2021 (S.I. 2021/1031), art. 1(1), Sch. 5 para. 7