OpenLegislation

Section 140B Calculation of amount of subsidyF1F2C1

(1)

The amount of subsidy to be paid to an authority shall be F3determined in accordance with an order made by the Secretary of State.

(2)

Subject as follows, the amount of subsidy shall be calculated by reference to the amount of relevant benefit paid by the authority during the year F4...

F5...

(3)

The order may provide that the amount of subsidy in respect of any matter shall be a fixed sum or shall be nil.

(F64)

The Secretary of State may—

(a)

pay as part of subsidy an additional amount specified by, or calculated in a manner specified by, the order; or

(b)

deduct from the amount which would otherwise be payable by way of subsidy an amount specified by, or calculated in a manner specified by, the order.

(4A)

The additional amounts which may be paid by virtue of subsection (4)(a) above include amounts in respect of—

(a)

the costs of administering the relevant benefit; or

(b)

success in preventing or detecting fraud relating to the relevant benefit or action to be taken with a view to preventing or detecting such fraud.

(5)

The Secretary of State may—

(a)

where an application is made by an authority on his invitation, pay to the authority as part of the subsidy such additional amount as he considers appropriate in respect of—

(i)

success in preventing or detecting fraud relating to the relevant benefit; or

(ii)

action to be taken with a view to preventing or detecting such fraud; or

(b)

deduct from the subsidy which would otherwise be payable to an authority such amount as he considers it unreasonable to pay by way of subsidy.

(5A)

The amounts which may be deducted by virtue of subsection (4)(b) or (5)(b) above include amounts in respect of—

(a)

a failure to comply with directions under F7section 139D(3A) or (3B) above; and

(b)

other failures in preventing or detecting fraud relating to the relevant benefit.

(6)

In this section “relevant benefit” means housing benefit or council tax benefit, as the case may be.

F8(7)

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

(8)

The amount of subsidy payable to an authority shall be calculated to the nearest pound, disregarding an odd amount of 50 pence or less and treating an odd amount exceeding 50 pence as a whole pound.

Annotations

Textual amendments

F1

Ss. 138-140G repealed (1.4.2013 in so far as relate to the abolition of council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)

F2

Ss. 140A-140G and cross-headings inserted (1.4.1997) by Housing Act 1996 (c. 52), s. 232(3), Sch. 12 para. 4 (with s. 122(4)); S.I. 1997/618, art. 2(1) (with Sch.)

F3

Words in s. 140B(1) substituted (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 1 para. 7(2); S.I. 1997/1577, art. 2, Sch.

F4

Words in s. 140B(2) repealed (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), s. 25(1), Sch. 2; S.I. 1997/1577, art. 2, Sch.

F5

Words in s. 140B(2) repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3), Sch. 7, para. 36(a), Sch. 8 Pt. 1; S.I. 2003/2938, art. 2 (with Sch. para. 26)

F6

S. 140B(4)-(5A) substituted for s. 140B(4)(5) (1.7.1997) by Social Security Administration (Fraud) Act 1997 (c. 47), ss. 10, 25(1); S.I. 1997/1577, art. 2, Sch.

F7

Words in s. 140B(5A) substituted (1.4.2008) by Welfare Reform Act 2007 (c. 5), Sch. 5 para. 9; S.I. 2008/411, art. 2(3)(c)

F8

S. 140B(7) repealed (18.11.2003) by Local Government Act 2003 (c. 26), s. 128(3), Sch. 7 para. 36(b), Sch. 8 Pt. 1; S.I. 2003/2938, art. 2 (with Sch. para. 26)

Modifications

C1

S. 140B applied in part (26.6.2001 for specified purposes, 2.7.2001 in so far as not already in force) by Child Support, Pensions and Social Security Act 2000 (c. 19), ss. 70(2)(a), 86 (with s. 83(6)); S.I. 2001/2295, art. 2(c)

Notes on Part VIII

Editorial notes

X1

Unreliable words in heading.