# The Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010, Note: Explanatory note


(This note is not part of the Order)
This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (“the principal 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. The amendments relate to the calculation of the subsidy provided in respect of temporary or short term accommodation.
Article 2(7) and (9) amend articles 17 and 17A of the principal Order, which determine the way subsidy is calculated where such accommodation is provided by a local authority. The amendments provide that these articles will apply when the local authority provides such accommodation to discharge a statutory homelessness function or to prevent homelessness. They also remove the discretion, given to the Secretary of State with effect from 1st April 2010 by S.I. 2010/2481, to disapply the cap on the subsidy for this category of accommodation.
Article 2(10) inserts new articles 17B and 17C into the principal Order. These new articles will determine the way subsidy is calculated where such accommodation is provided by a registered housing association pursuant to arrangements made with it by a local authority to discharge a statutory homelessness function or to prevent homelessness. “Registered housing association” is defined in regulation 2(1) of the Housing Benefit Regulations 2006 (S.I. 2006/213), a definition which is applied by article 11(1) of the principal Order. These new articles apply to this type of accommodation the same subsidy calculation, based on the local housing allowance, that applies to temporary or short term accommodation provided by a local authority. Article 17B applies to non-self contained accommodation held on a licence, and to board and lodging accommodation. Article 17C applies to self-contained accommodation, and to non self-contained accommodation which the registered housing association owns or holds on a lease.
The remaining provisions in article 2 make consequential amendments to the principal Order.
A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors.

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Source: https://www.legislation.gov.uk/uksi/2010/2509/note (the official version)
Page: https://openlegislation.uk/income-related-benefits-subsidy-to-authorities-temporary-accommodation-amendment-order-2010/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.