The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 No. 2957

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 No. 2957

Statutory Instruments

2011 No. 2957

Social Security

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011

Made

8th December 2011

Laid before Parliament

13th December 2011

Coming into force

1st February 2012

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 140B(1), (3) and (4), 140C(1) and (4), 140F(2) and 189(1), (4), (5) and (7) of the Social Security Administration Act 1992(1).

In accordance with section 189(8)(2) of that Act the Secretary of State has obtained the consent of the Treasury.

In accordance with section 176(1)(3) of that Act, consultation has taken place with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Citation, commencement and interpretation

1.-(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 and comes into force on 1st February 2012.

(2) Articles 2 and 3 have effect from 1st April 2010.

(3) Articles 4 to 6 have effect from 1st April 2011.

(4) In this Order "the 1998 Order" means the Income-related Benefits (Subsidy to Authorities) Order 1998(4).

Amendment of Parts 2 and 4 of the 1998 Order having effect from 1st April 2010

2.-(1) In Part 2 (claims for and payment of subsidy) of the 1998 Order-

(a)in article 4(5) (requirement of claim) omit paragraphs (4) and (4ZA);

(b)in article 9(2)(6) (payment of subsidy for the relevant year)-

(i)at the end of sub-paragraph (a) insert "and"; and

(ii)omit sub-paragraphs (c) and (d).

(c)omit article 9A(7) (transitional protection adjustments).

(2) In Part 4 (transitional and savings) of the 1998 Order omit article 22 (provisions for claims for 1997/98).

Substitution of Schedule 1 to the 1998 Order having effect from 1st April 2010

3. For Schedule 1(8) (sums to be used in the calculation of subsidy) to the 1998 Order substitute the Schedule in Schedule 1 to this Order.

Amendment of Part 3 of the 1998 Order having effect from 1st April 2011

4.-(1) Part 3 (calculation of subsidy) of the 1998 Order is amended as follows.

(2) In article 11(1) (interpretation of Part 3) after the definition of "the Community Charge Benefits Regulations" insert-

""the Consequential Provisions Regulations" means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006(9);".

(3) In article 16(10) (treatment of high rents in rent allowance cases) omit paragraph (4)(b).

(4) In article 17A(11) (subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation), in paragraph (3)(a) after "Order" insert "(as in force on 1st January 2011)".

(5) In article 17B(12) (subsidy 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) at the end of paragraph (1) add-

(d)the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.".

(6) In article 17C (subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation)-

(a)at the end of paragraph (1) add-

(d)the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations."; and

(b)in paragraph (3)(a) after "Order" insert "(as in force on 1st January 2011)".

(7) In article 18(13) (additions to subsidy)-

(a)at the end of paragraph (1) add-

"(f)where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 19 (deductions made in calculating subsidy) was a payment on account overpayment, 100 per cent. of so much of the overpayment as has not been recovered by the authority.";

(b)in paragraph (2)-

(i)omit sub-paragraph (c); and

(ii)after sub-paragraph (d) add-

(e)a payment on account overpayment.";

(c)for paragraph (7) substitute-

"(7) Subject to paragraph (7A), in paragraph (2)(b) "technical overpayment" means an overpayment which occurs as a result of-

(a)a rebate or council tax benefit being awarded and entitlement to that rebate or benefit being reduced or eliminated because, subsequent to that award, the liability in respect of which the rebate or benefit was awarded was reduced or eliminated; or

(b)council tax benefit being awarded and entitlement to that benefit being reduced or eliminated because, subsequent to that award, there was a change of circumstances that does not fall within paragraph (a).

(7A) A technical overpayment does not include any part of the overpayment occurring-

(a)in a case to which paragraph (7)(a) applies, before the day on which the liability was reduced or eliminated; or

(b)in a case to which paragraph (7)(b) applies, before the day on which the authority suspended, revised or superseded the award, whichever is earliest.

(7B) In paragraphs (1)(f) and (2)(e), "payment on account overpayment" means an amount paid on account under regulation 93 of the Housing Benefit Regulations or regulation 74 of the Housing Benefit (State Pension Credit) Regulations (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.".

Amendment of Schedule 4 to the 1998 Order having effect from 1st April 2011

5.-(1) Part 2 of Schedule 4(14) (high rents and rent allowance) to the 1998 Order is amended as follows.

(2) In paragraph 2 for "paragraph 6, 7, 8, 9 or 11" substitute "paragraph 6, 7, 8 or 9".

(3) Omit paragraph 11.

Amendment of Schedule 4A to the 1998 Order having effect from 1st April 2011

6.-(1) Schedule 4A(15) (rent rebate limitation deductions (Housing Revenue Account dwellings)) to the 1998 Order is amended as follows.

(2) In Part 1 (interpretation) in paragraph 1 omit the definitions of "RPI figure" and "service charge".

(3) In Part 2 (England) in paragraph 2 (liability to deduction)-

(a)for sub-paragraph (2) substitute-

"(2) The subsidy limitation rent for an authority is equal to the average weekly rent for a dwelling for the authority for the relevant year, calculated in accordance with sub-paragraph (3).";

(b)omit sub-paragraph (4);

(c)in sub-paragraphs (5) and (8) for "sub-paragraphs (3) and (4)" substitute "sub-paragraph (3)";

(d)omit sub-paragraphs (6) and (7).

(4) For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 2 to this Order.

(5) For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 3 to this Order.

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

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

8th December 2011

We consent

Angela Watkinson

Jeremy Wright

Two of the Lords Commissioners of Her Majesty's Treasury

7th December 2011

Article 3

SCHEDULE 1Schedule to be substituted for Schedule 1 to the 1998 Order

Article 12(1)(b)

"SCHEDULE 1Sums to be used in the calculation of subsidy

RELEVANT YEAR 2010-11

Local authorityAdministration subsidy (£)
Adur483,611
Allerdale816,624
Amber Valley977,599
Arun1,256,554
Ashfield1,082,901
Ashford824,621
Aylesbury Vale1,024,213
Babergh573,000
Barking2,222,111
Barnet3,150,240
Barnsley2,320,518
Barrow in Furness758,086
Basildon1,827,533
Basingstoke and Deane1,168,043
Bassetlaw941,170
Bath and N E Somerset1,266,190
Bedford1,441,847
Bexley1,772,804
Birmingham12,967,501
Blaby477,547
Blackburn with Darwen1,561,180
Blackpool2,061,421
Bolsover690,168
Bolton2,675,071
Boston591,031
Bournemouth1,904,511
Bracknell Forest696,003
Bradford5,530,788
Braintree1,352,241
Breckland1,014,815
Brent4,094,516
Brentwood418,377
Brighton and Hove3,618,131
Bristol4,722,950
Broadland680,164
Bromley2,244,046
Bromsgrove495,493
Broxbourne831,391
Broxtowe895,207
Burnley1,151,290
Bury1,740,570
Calderdale2,045,865
Cambridge890,562
Camden3,694,646
Cannock Chase895,415
Canterbury1,073,437
Carlisle832,994
Castle Point763,411
Central Bedfordshire1,582,822
Charnwood1,006,850
Chelmsford1,067,054
Cheltenham967,349
Cherwell1,055,838
Cheshire East2,476,187
Cheshire West and Chester2,470,219
Chesterfield1,061,291
Chichester803,719
Chiltern521,179
Chorley758,681
Christchurch397,608
City of London204,537
Colchester1,243,651
Copeland632,135
Corby643,402
Cornwall4,660,361
Cotswold559,839
Coventry3,557,768
Craven356,733
Crawley1,035,153
Croydon3,628,481
Dacorum1,042,747
Darlington1,117,186
Dartford701,961
Daventry482,988
Derby2,296,689
Derbyshire Dales397,458
Doncaster3,142,628
Dover1,032,304
Dudley2,896,796
Durham5,559,822
Ealing3,930,764
East Cambridgeshire548,884
East Devon844,524
East Dorset522,987
East Hampshire692,209
East Hertfordshire810,178
East Lindsey1,366,275
East Northamptonshire570,638
East Riding of Yorkshire2,341,818
East Staffordshire946,190
Eastbourne1,112,544
Eastleigh735,875
Eden336,092
Elmbridge745,751
Enfield3,568,775
Epping Forest822,696
Epsom and Ewell412,220
Erewash950,676
Exeter937,180
Fareham556,070
Fenland958,871
Forest Heath467,528
Forest of Dean683,393
Fylde504,147
Gateshead2,194,649
Gedling1,029,217
Gloucester1,384,729
Gosport743,880
Gravesham887,755
Great Yarmouth1,170,664
Greenwich3,343,167
Guildford1,025,902
Hackney4,731,598
Halton1,424,164
Hambleton497,816
Hammersmith and Fulham2,502,295
Harborough381,431
Haringey3,632,454
Harlow955,841
Harrogate973,971
Harrow2,241,026
Hart347,561
Hartlepool1,366,141
Hastings1,396,724
Havant988,194
Havering1,748,948
Herefordshire1,367,489
Hertsmere914,105
High Peak720,066
Hillingdon2,470,391
Hinckley and Bosworth670,698
Horsham655,793
Hounslow2,691,753
Huntingdonshire1,150,862
Hyndburn974,710
Ipswich1,277,748
Isle of Wight1,511,254
Isles of Scilly9,355
Islington3,807,726
Kensington and Chelsea2,319,762
Kettering697,994
Kings Lynn and West Norfolk1,250,480
Kingston upon Hull3,582,178
Kingston upon Thames1,186,111
Kirklees3,986,434
Knowsley2,200,279
Lambeth4,838,245
Lancaster1,153,126
Leeds6,678,289
Leicester4,073,196
Lewes755,740
Lewisham4,493,366
Lichfield616,070
Lincoln970,085
Liverpool7,410,467
Luton1,914,267
Maidstone1,062,415
Maldon439,627
Malvern Hills508,086
Manchester6,595,718
Mansfield1,045,781
Medway2,422,895
Melton305,138
Mendip834,551
Merton1,615,247
Mid Devon536,642
Mid Suffolk507,464
Mid Sussex685,747
Middlesbrough2,024,248
Milton Keynes2,309,480
Mole Valley461,746
New Forest1,109,107
Newark and Sherwood819,643
Newcastle under Lyme983,615
Newcastle upon Tyne3,059,184
Newham4,314,810
North Devon855,407
North Dorset428,036
North East Derby711,310
North East Lincoln1,954,308
North Hertfordshire979,118
North Kesteven661,706
North Lincolnshire1,527,332
North Norfolk866,019
North Somerset1,853,920
North Tyneside1,963,543
North Warwickshire476,702
North West Leicester643,820
Northampton2,058,581
Northumberland2,508,348
Norwich1,611,747
Nottingham3,714,321
Nuneaton and Bedworth1,106,433
Oadby and Wigston329,757
Oldham2,251,321
Oxford1,146,857
Pendle1,115,197
Peterborough2,016,215
Plymouth2,545,184
Poole1,116,386
Portsmouth2,440,318
Preston1,280,211
Purbeck334,171
Reading1,482,579
Redbridge2,097,440
Redcar and Cleveland1,635,232
Redditch800,056
Reigate and Banstead853,727
Ribble Valley264,746
Richmond upon Thames1,320,669
Richmondshire271,154
Rochdale2,314,180
Rochford484,198
Rossendale605,046
Rother791,813
Rotherham2,527,939
Rugby776,072
Runnymede528,952
Rushcliffe528,544
Rushmoor730,106
Rutland212,066
Ryedale347,839
Salford3,048,108
Sandwell3,899,607
Scarborough1,284,315
Sedgemoor915,442
Sefton2,745,712
Selby508,428
Sevenoaks711,148
Sheffield4,798,742
Shepway1,031,693
Shropshire2,114,251
Slough1,488,665
Solihull1,532,061
South Bucks345,797
South Cambridgeshire717,614
South Derbyshire541,238
South Gloucestershire2,023,935
South Hams594,506
South Holland663,191
South Kesteven913,680
South Lakeland565,788
South Norfolk794,010
South Northamptonshire397,598
South Oxfordshire648,458
South Ribble704,161
South Somerset1,182,929
South Staffordshire657,608
South Tyneside1,782,378
Southampton2,411,950
Southend on Sea1,851,368
Southwark4,358,149
Spelthorne655,772
St Albans709,306
St Edmundsbury776,983
St Helens1,967,060
Stafford723,203
Staffordshire Moorlands569,778
Stevenage817,405
Stockport2,528,916
Stockton on Tees2,098,323
Stoke on Trent2,784,038
Stratford on Avon755,527
Stroud836,999
Suffolk Coastal771,253
Sunderland3,750,310
Surrey Heath453,391
Sutton1,690,273
Swale1,263,599
Swindon1,782,730
Tameside2,509,661
Tamworth620,791
Tandridge467,930
Taunton Deane910,971
Teignbridge1,037,547
Telford and Wrekin1,764,771
Tendring1,594,870
Test Valley710,919
Tewkesbury555,239
Thanet2,019,312
Three Rivers579,967
Thurrock1,386,664
Tonbridge and Malling764,211
Torbay1,800,908
Torridge557,158
Tower Hamlets4,741,486
Trafford1,810,665
Tunbridge Wells739,626
Uttlesford400,388
Vale of White Horse734,384
Wakefield3,553,952
Walsall3,567,896
Waltham Forest2,994,101
Wandsworth3,273,698
Warrington1,404,810
Warwick913,626
Watford732,186
Waveney1,205,258
Waverley705,226
Wealden813,058
Wellingborough728,218
Welwyn Hatfield870,322
West Berkshire1,036,296
West Devon395,620
West Dorset693,399
West Lancashire911,279
West Lindsey702,598
West Oxfordshire639,702
West Somerset364,898
Westminster2,975,462
Weymouth and Portland680,564
Wigan2,852,944
Wiltshire2,906,603
Winchester600,166
Windsor and Maidenhead847,892
Wirral3,484,159
Woking622,819
Wokingham575,411
Wolverhampton3,252,827
Worcester836,442
Worthing936,992
Wychavon755,946
Wycombe1,066,086
Wyre945,451
Wyre Forest1,014,585
York1,343,203
Aberdeen1,705,532
Aberdeenshire1,401,224
Angus921,799
Argyll and Bute845,999
Clackmannanshire536,149
Comhairle nan Eilean Siar298,837
Dumfries and Galloway1,514,510
Dundee1,997,400
East Ayrshire1,403,689
East Dunbartonshire668,100
East Lothian773,605
East Renfrewshire456,272
Edinburgh4,258,260
Falkirk1,472,435
Fife3,507,630
Glasgow10,557,327
Highland1,929,457
Inverclyde1,193,175
Midlothian680,609
Moray662,670
North Ayrshire1,686,970
North Lanarkshire3,688,521
Orkney160,149
Perth and Kinross1,134,734
Renfrewshire2,061,996
Scottish Borders1,052,409
Shetland182,934
South Ayrshire1,092,262
South Lanarkshire3,109,775
Stirling621,617
West Dunbartonshire1,329,835
West Lothian1,618,624
Blaenau Gwent846,679
Bridgend1,340,199
Caerphilly1,710,987
Cardiff3,596,006
Carmarthenshire1,532,065
Ceredigion589,132
Conwy1,017,809
Denbighshire888,898
Flintshire1,177,659
Gwynedd975,950
Isle of Anglesey567,141
Merthyr Tydfil700,994
Monmouthshire583,452
Neath and Port Talbot1,489,013
Newport1,448,510
Pembrokeshire1,033,178
Powys908,585
Rhondda Cynon Taff2,447,632
Swansea2,271,123
Torfaen1,039,357
Vale of Glamorgan991,488
Wrexham1,010,094"

Article 6(4)

SCHEDULE 2Part to be substituted for Part 3 of Schedule 4A to the 1998 Order

"PART 3WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

TABLE

RELEVANT YEAR 2011-12

AuthorityWeekly rent limit
Adur£78.49
Arun£79.61
Ashfield£57.71
Ashford£77.25
Babergh£75.41
Barking£80.92
Barnet£90.73
Barnsley£62.42
Barrow£65.01
Basildon£73.34
Bassetlaw£61.78
Birmingham£70.24
Blackpool£59.94
Bolsover£67.09
Bolton£62.34
Bournemouth£70.58
Brent£97.66
Brentwood£80.99
Brighton and Hove£72.11
Bristol£68.62
Broxtowe£62.65
Bury£65.61
Cambridge£85.14
Camden£102.29
Cannock Chase£64.06
Canterbury£76.11
Castle Point£77.57
Central Bedfordshire£85.12
Charnwood£62.81
Cheltenham£69.95
Cheshire West and Chester£67.98
Chesterfield£66.49
City of London£92.81
City of York£67.83
Colchester£74.51
Corby£65.83
Cornwall£61.47
Crawley£85.98
Croydon£92.39
Dacorum£89.67
Darlington£60.52
Dartford£76.75
Derby£66.55
Doncaster£61.39
Dover£73.79
Dudley£70.14
Durham£58.86
Ealing£89.80
East Devon£68.55
East Riding£66.03
Eastbourne£66.60
Enfield£86.22
Epping Forest£83.91
Exeter£63.92
Fareham£76.91
Gateshead£63.94
Gloucester£67.76
Gosport£72.53
Gravesham£76.80
Great Yarmouth£63.20
Greenwich£86.49
Guildford£93.78
Hackney£87.00
Hammersmith£97.90
Haringey£91.16
Harlow£78.95
Harrogate£69.87
Harrow£96.48
Havering£81.23
High Peak£62.95
Hillingdon£95.24
Hinckley£66.60
Hounslow£88.66
Ipswich£69.26
Isles of Scilly£69.20
Islington£98.03
Kensington£109.02
Kettering£68.73
Kingston upon Hull£63.17
Kingston upon Thames£97.02
Kirklees£60.38
Lambeth£91.80
Lancaster£65.70
Leeds£62.40
Leicester£62.17
Lewes£76.48
Lewisham£81.80
Lincoln£57.86
Luton£73.30
Manchester£64.67
Mansfield£62.21
Medway Towns£70.18
Melton£64.68
Mid Devon£67.36
Mid Suffolk£70.34
Milton Keynes£71.79
North East Derbyshire£67.03
New Forest£84.30
Newark£66.00
Newcastle upon Tyne£63.45
Newham£81.23
North Kesteven£65.61
North Tyneside£63.59
North Warwick£73.42
Northampton£70.04
Northumberland£57.33
Norwich£67.16
Nottingham£63.41
Nuneaton£66.10
North West Leicester£66.54
Oadby and Wigston£66.55
Oldham£61.73
Oxford City£89.56
Poole£72.95
Portsmouth£72.09
Reading£90.08
Redbridge£90.77
Redditch£66.49
Richmondshire£66.57
Rochdale£62.09
Rotherham£62.87
Rugby£72.55
Runnymede£93.32
Salford£64.97
Sandwell£70.34
Sedgemoor£67.56
Selby£66.97
Sheffield£60.56
Shepway£71.88
Shropshire£69.46
Slough£89.56
Solihull£70.12
South Cambridge£88.33
South Derbyshire£67.57
South Holland£63.41
South Kesteven£65.98
South Lakeland£74.55
South Tyneside£62.54
Southampton£71.79
Southend on Sea£73.86
Southwark£90.60
St Albans£94.77
Stevenage£83.62
Stockport£63.09
Stockton£67.52
Stoke on Trent£60.97
Stroud£70.96
Sutton£89.53
Swindon£69.73
Tamworth£68.77
Tandridge£82.66
Taunton Deane£69.59
Tendring£71.14
Thanet£70.42
Thurrock£72.97
Tower Hamlets£92.18
Uttlesford£84.51
Waltham Forest£85.42
Wandsworth£105.16
Warrington£66.70
Warwick£78.82
Waveney£67.10
Waverley£93.92
Wealden£72.19
Welwyn Hatfield£89.35
West Lancashire£64.79
Westminster£106.58
Wigan£65.29
Wiltshire£77.03
Winchester£85.55
Woking£89.58
Wokingham£94.11
Wolverhampton£67.54
Wycombe£90.43"

Article 6(5)

SCHEDULE 3Part to be substituted for Part 5 of Schedule 4A to the 1998 Order

"PART 5AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

TABLE

RELEVANT YEAR 2011-12

Authority

(1)

Specified Amount "O"

£

(2)

Guideline rent increase

£

Caerphilly3.602.86
Cardiff71.423.93
Carmarthen61.583.64
Denbighshire59.063.71
Flintshire62.383.09
Isle of Anglesey58.613.06
Pembrokeshire61.763.77
Powys63.953.31
Swansea61.743.05
Vale of Glamorgan68.413.83
Wrexham60.923.46"

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 ("the 1998 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. Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992 authorise the making or varying of an Order before, during or after the year to which it relates.

Article 2, which has effect from 1st April 2010, revokes article 4(4) and (4A) of the 1998 Order. These required returns in respect of arrangements relating to fraud and error which have been revoked. Article 2 also revokes articles 9A and 22 of the 1998 Order which are transitional provisions that are no longer needed. It amend article 9(2) to remove references to article 9A.

Article 3, which also has effect from 1st April 2010, substitutes a new table in Schedule 1 to the 1998 Order. This substitutes new figures to be used in the calculation of subsidy for the year beginning on 1st April 2010.

Article 4, which has effect from 1st April 2011, amends Part 3 of the 1998 Order. It amends articles 17A and 17C, which make provision for the calculation of subsidy for certain kinds of temporary accommodation, to clarify which local housing allowance rate is to be used in the calculation for accommodation with five bedrooms. It also amends articles 17B and 17C so that arrangements for calculating subsidy in relation to temporary accommodation do not cover exempt accommodation, where a non-profit landlord, or someone acting on its behalf, provides care, support or supervision to the tenant. Article 4 also inserts in article 11 (interpretation of Part 3) a new definition which is needed for these amendments.

Article 4 also amends article 18, which provides for additions to subsidy in respect of certain overpayments. It substitutes a simpler definition of "technical overpayment" which applies to overpayments of rent rebate and council tax benefit where the rebate or benefit is reduced or eliminated as a result of a reduction or elimination of a liability to pay rent or council tax, or where entitlement to council tax benefit is reduced or eliminated because of some other change of circumstances. It does not apply to any overpayment occurring before the liability was reduced or eliminated, or before the authority suspended, revised or superseded the award of council tax benefit. It also removes the separate provision in article 18(2)(c) relating to overpayments arising as a result of a reduction in the amount of council tax a person is liable to pay, as this is within the new definition of a technical overpayment.

Article 4 also adds a new category of overpayment to cover payments on account paid in excess of final benefit entitlement. Subsidy of 100 per cent. will be payable on any amount that the authority has not recovered. Article 4(3) and Article 5 (which also takes effect from 1st April 2011) revoke existing provisions about subsidy in relation to payments on account, which are superseded by these amendments.

Article 6, which also has effect from 1st April 2011, amends Schedule 4A to the 1998 Order, which determines whether or not an authority is liable to a deduction from rent rebate subsidy payable for 2011-12. With respect to authorities in England, paragraph (3) simplifies the calculation so that it is based on the average weekly rent for a dwelling in the authority's Housing Revenue Account, and paragraph (4) substitutes a new table in Part 3 of Schedule 4A (weekly rent limits). With respect to authorities in Wales, paragraph (5) substitutes a new table in Part 5 of Schedule 4A which sets out the specified amount "O" and the guideline rent increase used when calculating deductions from subsidy under paragraph 4 in Part 4 of that Schedule.

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.

(1)

1992 c.5. Sections 140B, 140C and 140F were inserted by the Housing Act 1996 (c.52), Schedule 12, paragraph 4. Section 140B was amended by the Social Security Administration (Fraud) Act 1997 (c.47) ("the Fraud Act"), section 10 and Schedule 1, paragraph 7, the Local Government Act 2003 (c.26), Schedule 7, paragraph 36 and the Welfare Reform Act 2007 (c.5), Schedule 5, paragraph 9. Section 189(1) and (4) were amended by the Social Security Act 1998 (c.14), Schedule 7, paragraph 109. Section 189(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) ("the Transfer of Functions Act"), Schedule 3, paragraph 57(2) and the Tax Credits Act 2002 (c.21), Schedule 6. Section 189(7) was amended by the Local Government Finance Act 1992 (c.14), Schedule 9, paragraph 24 and the Fraud Act, Schedule 1, paragraph 10.

(2)

Section 189(8) was amended by the Housing Act 1996, Schedule 13, paragraph 3(5), the Pensions Act 2007 (c.22), Schedule 1, paragraph 29, the Transfer of Functions Act, Schedule 3, paragraph 57(1) and (3) and the Tax Credits Act 2002, Schedule 4, paragraph 3.

(3)

Section 176(1) was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 23, the Child Support, Pensions and Social Security Act 2000 (c.19), section 69(6) and the Housing Act 1996, Schedule 13, paragraph 3(4).

(5)

Article 4(4) was amended by S.I. 2005/36 and 2007/26. Article 4(4ZA) was inserted by S.I. 2005/36.

(6)

Article 9(2) was substituted by S.I. 2006/54/

(7)

Article 9A was inserted by S.I. 2007/26.

(8)

Schedule 1 was substituted by S.I. 2010/2481.

(10)

Article 16(4) was amended by S.I. 2006/217.

(11)

Article 17A was inserted by S.I. 2009/2580 and amended by S.I. 2010/2481 and 2010/2509.

(12)

Articles 17B and 17C were inserted by S.I. 2010/2509.

(13)

Article 18(1)(e) was substituted and article 18(2)(d) inserted by S.I. 2010/2481. Article 18(1) was also amended by S.I. 2000/1091, 2002/3116, 2003/3179, 2006/54 and 2010/2481.

(14)

Paragraph 11 was amended by S.I. 2006/217.

(15)

Schedule 4A was inserted by S.I. 2004/646. Relevant amending instruments are S.I. 2005/535, 2006/559, 2007/26, 2007/731, 2008/695, 2009/2564 and 2010/2481.