
PART I
1 

(1) This Order, which may be cited as the Income-related Benefits (Subsidy to Authorities) Order 1998, shall come into force on 31st March 1998 and shall have effect in relation to any relevant year.
(2) In this Order, unless the context otherwise requires —
 “the Act” means the Social Security Administration Act 1992;
 “authority” means a billing, housing or, as the case may be, local authority;
 “a 1997 authority” means a successor authority, whose reorganisation date was 1st April 1997;
 “a 1998 authority” means a successor authority, whose reorganisation date was 1st April 1998;
 “new authority” means
(i) in England, a successor authority, whose reorganisation date was 1st April 1996;
(ii) in Wales, an authority constituted under sections 20 and 21 of the Local Government Act 1972, and
(iii) in Scotland, an authority constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
 “the English Regulations” means the Local Government Changes for England (Housing Benefit and Council Tax Benefit) Regulations 1995;
 “the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders” means the 1989 Order, the 1990 Order, the 1991 Order, the 1992 Order, the 1993 Order, the 1994 Order, the 1995 Order, the 1996 Order and the 1997 Order;
 “relevant benefit” has the meaning ascribed to it in section 140B(6) of the Act;
 “following year” means the year following the relevant year;
 “relevant year” means the year, commencing on 1st April 1997 or on the 1st April in any year thereafter, in respect of which a claim for subsidy is made;
 “the 1989 Order” means the Housing Benefit (Subsidy) Order 1989;
 “the 1990 Order” means the Housing Benefit (Subsidy) Order 1990;
 “the 1991 Order” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991;
 “the 1992 Order” means the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992;
 “the 1993 Order” means the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993;
 “the 1994 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994;
 “the 1995 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995;
 “the 1996 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996, and
 “the 1997 Order” means the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997.
(3) In paragraph (2), “successor authority” and “reorganisation date” have the same meanings as in regulation 2(1) of the English Regulations.
(4) In this Order, unless the context otherwise requires, a reference—
(a) to a numbered Part in this Order or a Schedule to this Order, is to the Part in this Order, or that Schedule, as the case may be, bearing that number;
(b) to a numbered article in or Schedule to this Order, is to the article in or Schedule to this Order, as the case may be, bearing that number;
(c) in an article or a Schedule to a lettered or numbered paragraph is to the paragraph bearing that letter or number in that article or that Schedule; and
(d) in a paragraph to a lettered or numbered sub-paragraph is to the sub-paragraph in that paragraph bearing that letter or number.
PART II
2 
In this Part and also in Part IV, unless the context otherwise requires—
 “benefit savings” and “benefit-related savings” have the same meanings as are assigned to them by paragraph 1 of Schedule 5;
 “claim” means an initial claim, mid-year claim, final claim or a return pursuant to article 4(4), as the case may be;
 “claim form” means the form supplied by the Secretary of State pursuant to article 4(2)(a), (b) or (c) or (4), as the case may be;
 “initial claim” means a claim for subsidy pursuant to article 4(2)(a);
 “final claim” means a claim for subsidy pursuant to article 4(2)(c);
 “mid-year claim” means a claim for subsidy pursuant to article 4(2)(b);
 “final subsidy” means any subsidy which is not interim subsidy;
 “interim subsidy” means subsidy pursuant to articles 6(4), 7(2), 8(1) or 9(4), as the case may be;
 “the form” means a printed document or any other format upon which a claim may be set out, or any combination of such formats or alternative formats, as the Secretary of State determines; and
 “the relevant office” means such office as may be designated by the Secretary of State.
3 
Subject to articles 9(3) and 10, no final subsidy shall be paid unless the conditions specified in the following provisions of this Part have been complied with.
4 

(1) The first condition is that subsidy shall be claimed in accordance with the provisions of and in the manner specified by this article.
(2) There shall be submitted by an authority to the Secretary of State, at the relevant office, on the form supplied by him to that authority, the following claims for subsidy, by reference to the amount of relevant benefit that that authority—
(a) estimates it will pay during the relevant year, by 1st March in the year preceding the relevant year;
(b) estimates it has up to that time and will by the end of that relevant year have paid, by 31st August in the relevant year;
(c) has paid in the relevant year, by 30th September in the following year.
(3) The final claim shall be copied to the authority’s auditor, by 30th September in the following year.
(4) In addition to the above claims, each authority shall submit to the Secretary of State at the relevant office, on the form supplied by him to that authority, the following returns—
(a) on the 15th day (“the return date”) of each of July, October and January of the relevant year, details of the benefit savings and benefit-related savings in the relevant year that that authority has achieved by the end of the month immediately preceding the return date; and
(b) on the 15th April in the following year, details of the benefit savings and benefit-related savings that that authority achieved in the relevant year.
(5) All claims and returns submitted by an authority consequent upon this article shall be signed—
(a) in the case of an authority in England or Wales, by the officer who is responsible for finance pursuant to section 151 of the Local Government Act 1972;
(b) in the case of an authority in Scotland, by the proper officer pursuant to section 95 of the Local Government (Scotland) Act 1973.
5 
The second condition is that the authority submitting a claim shall—
(a) provide to the Secretary of State such information, including any information required by or consequent upon the claim form; and
(b) keep and, where the Secretary of State requires it or it is otherwise appropriate to do so, produce records with a bearing on that claim,as the Secretary of State so requires, or as may otherwise be necessary, to satisfy him that—
(i) that claim is full, accurate and properly calculated; and
(ii) any subsidy claimed or paid for the relevant year or that has been claimed or paid in accordance with the provisions of this Order or the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders, as the case may be, in relation to any earlier year was properly so paid or claimed.
6 

(1) Subject to article 9(4), the third condition is that the authority
(a) shall procure that their final claim is audited by the authority’s auditor by 31st December in the following year; and
(b) shall comply with the following provisions of this article.
(2) The authority shall—
(a) provide such information; and
(b) keep and, where asked to do so, produce records with a bearing on its claim,
as may be required by the auditor or as may be otherwise required to enable that authority to show and its auditor to check, that—
(i) that claim is properly calculated, and
(ii) the relevant benefit in respect of which subsidy is claimed has been properly paid.
(3) Until the authority’s auditor has certified on the claim form that he is satisfied that—
(a) the final claim is properly calculated; and
(b) the relevant benefit in respect of which subsidy is claimed has been properly paid,
no final subsidy shall be paid.
7 
Subject to article 9(4), the fourth condition is that an authority shall satisfy the Secretary of State that its claim—
(a) is true and complete;
(b) is supported and, if appropriate, supplemented by all the information the Secretary of State requires; and
(c) fairly represents the expenditure in relation to relevant benefit incurred or likely to be incurred, as the case may be, by the authority in the relevant year.
8 

(1) Where an authority has submitted, by the due date—
(a) the initial claim, mid-year claim and the returns under article 4(4), as the case may be, in accordance with the requirements of this Part; and
(b) the conditions of this Part in relation to such claims have been complied with,
the Secretary of State shall pay each month, to each such authority that has submitted such claims as are by that date due, instalments of subsidy, in accordance with paragraph (2).
(2) The instalments payable by way of interim subsidy to an authority under paragraph (1) shall be such amounts as the Secretary of State considers appropriate in the circumstances of the case, but the total amount of such instalments paid in the relevant year shall not exceed the amount which, in his estimation, is likely to be payable by way of final subsidy, taking account of any withholding, reducing or deducting of subsidy by him, following the submission and audit of that authority’s final claim.
9 

(1) Subject to paragraphs (2) and (3) and to any subsidy withheld, reduced or deducted in accordance with sections 140B(4) or 140C(3), as the case may be, where he is satisfied that—
(a) the authority has submitted its final claim;
(b) the auditor has audited and certified that claim; and
(c) the conditions of this Part have been complied with,
the Secretary of State shall pay to that authority final subsidy calculated in accordance with Part III.
(2) In determining the amount payable pursuant to paragraph (1) the Secretary of State shall take into account any interim subsidy paid during or in respect of the relevant year and any payment pursuant to this article shall only be in respect of the balance of subsidy due after the deduction of such interim subsidy paid.
(3) The Secretary of State may pay subsidy under paragraph (1) once that submission, audit or certification, as the case may be, has occurred, despite it occuring after the time required in this Part.
(4) In a case where the third or fourth condition, as the case may be, are not met in relation to any authority, the Secretary of State may pay such amount of subsidy as he is satisfied will be due when that condition is met.
10 
If an authority has not, at the time specified in articles 4 or 6(1), as the case may be, complied with any condition specified in this Part, the Secretary of State may estimate the amount of any subsidy, including any interim subsidy, payable to that authority and he may employ for that purpose such criteria as he considers relevant.
PART III
11 

(1) In this Part, unless the context otherwise requires—
 “allowance” means a rent allowance;
 “board and lodging accommodation” means—
(a) accommodation provided for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which are both cooked or prepared and consumed in that accommodation or associated premises; or
(b) accommodation provided in a hotel, guest house, lodging house or some similar establishment,but it does not include accommodation in a residential care home or nursing home within the meaning of regulation 19(3) of the Income Support (General) Regulations 1987 nor in a hostel within the meaning of regulation 12A of the Housing Benefit Regulations;
 “the Community Charge Benefits Regulations” means the Community Charge Benefits (General) Regulations 1989;
 “the Council Tax Benefit Regulations” means the Council Tax Benefit (General) Regulations 1992;
 “the Housing Benefit Regulations” means the Housing Benefit (General) Regulations 1987;
 “overpayment” includes excess benefits under the Community Charge Benefits Regulations and excess benefit under the Council Tax Benefit Regulations as well as overpayments under the Housing Benefit Regulations and any reference in this Order to “overpayment” in relation to any of the 1989 Order, the Housing Benefit (Subsidy) Order 1990 (S.I. 1990/785), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991 (S.I. 1991/587), the Housing Benefit and Community Charge Benefit (Subsidy) Order 1992 (S.I. 1992/739), the Housing Benefit and Community Charge Benefit (Subsidy) (No.2) Order 1993 (S.I. 1993/935), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1994 (S.I. 1994/523), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1995 (S.I. 1995/872), the Housing Benefit and Council Tax Benefit (Subsidy) Order 1996 (S.I. 1996/1217) and the Housing Benefit and Council Tax Benefit (Subsidy) Order 1997 (S.I. 1997/1004)">previous Orders shall bear the meaning it has in this Order;
 “period overrun” has the meaning assigned to it by paragraph 1 of Schedule 3;
 “rebate” means a rent rebate excluding, in the case of England and Wales, any Housing Revenue Account rebates;
 “the Rent Officers Order” means the Rent Officers (Housing Benefits Functions) Order 1997 or the Rent Officers (Housing Benefits Functions) (Scotland) Order 1997, as the case may be;
 “the Rent Officers Order 1995” means the Rent Officers (Additional Functions) Order 1995 or the Rent Officers (Additional Functions) (Scotland) Order 1995, as the case may be;
 “scheme” means the housing benefit scheme or council tax benefit scheme, as the case may be, as prescribed under section 123(1) of the Social Security Contributions and Benefits Act 1992,and other expressions used in this Part and in the Housing Benefit Regulations or Council Tax Benefit Regulations, as the case may be, shall have the same meanings in this Part as they have in those Regulations.
(2) In this Part
 “qualifying expenditure” means, in relation to an authority, the total of relevant benefit, including any payments under regulation 91 of the Housing Benefit Regulations (payments on account of a rent allowance) and any extended payments, lawfully paid by the authority during the relevant year, less—
(a) the deduction, if any, calculated for that authority in article 15;
(b) any deductions specified in article 19 relevant to that authority, and
(c) where, under sections 134(8) (arrangements for housing benefit) or 139(6) (arrangements for council tax benefit) of the Act, as the case may be, the authority has modified any part of a scheme it administers, any amount by which the total of relevant benefit paid under that scheme during the relevant year by it exceeds the total it would have paid if the scheme had not been so modified.
12 
The amount of an authority’s subsidy for the relevant year, to be paid pursuant to article 9—
(a) for the purposes of section 140B(1) of the Act (calculation of amount of subsidy), shall be the amount or total of the amounts calculated in accordance with article 13;
(b) for the purposes of section 140B(4A)(a) of the Act (subsidy in respect of the costs of administering relevant benefits) shall include, for an authority identified in column (1) of Schedule 1, the sum specified in column (2) of that Schedule for that authority, plus or minus any adjustment to be made in relation to that authority pursuant to Schedule 2.
13 

(1) Subject to any adjustment in accordance with paragraph (3), for the purposes of section 140A of the Act, the subsidy to be paid to an authority shall, subject in the case of Scottish Homes to paragraph (2), be—
(a) in the case of an authority to which none of articles 14, 16 and 17 applies, 95 per cent. of its qualifying expenditure;
(b) in the case of any authority to which at least one of those articles applies an amount equal to the aggregate of—
(i) 95 per cent. of so much of its qualifying expenditure as remains after deducting from total qualifying expenditure the amount of expenditure attributable to the relevant benefit to which each of those articles which is relevant applies; and
(ii) the appropriate amount calculated in respect of the relevant benefit under each such article,
plus, in each case, the additions, where applicable, under articles 18 and 21(2), but subject, in each case, to the deductions, where applicable, under articles 20 and 21(3).
(2) In the case of Scottish Homes, its subsidy for the relevant year shall include a further sum being—
(a) where sub-paragraph (a) of paragraph (1) applies, 5.5 per cent. of its qualifying expenditure, but subject to a maximum of £1,683,746; or
(b) where sub-paragraph (b) of paragraph (1) applies, 5.5 per cent. of so much of its qualifying expenditure as remains after the deductions set out in paragraph (1)(b)(i), but subject to the maximum specified in sub-paragraph (a).
(3) Where, during the relevant year, there is a period overrun in respect of relevant benefit then the subsidy for the authority for that year shall be adjusted by the deduction from the subsidy otherwise due under this article of—
(a) an amount equal to the percentage, as calculated in accordance with paragraph 2 of Schedule 3, of that part of the qualifying expenditure for that authority attributable to expenditure in respect of allowances, to the extent that the overrun relates to allowances;
(b) an amount equal to the percentage, as calculated in accordance with paragraph 3 of Schedule 3, of that part of the qualifying expenditure for that authority attributable to expenditure in respect of rebates, to the extent that the overrun relates to rebates; and
(c) an amount equal to the percentage, as calculated in accordance with paragraph 4 of Schedule 3, of the qualifying expenditure for that authority attributable to expenditure in respect of council tax benefit, to the extent that the overrun relates to council tax benefit.
14 

(1) Subject to paragraph (2), where—
(a) during the relevant year an authority has, under paragraph (15) of regulation 72 of the Housing Benefit Regulations or paragraph (16) of regulation 62 of the Council Tax Benefit Regulations (time and manner of claiming), treated any claim as made on a day earlier than that on which it is made; and
(b) any part of that authority’s qualifying expenditure is attributable to such earlier period,
for the purposes of article 13(1)(b)(ii), the appropriate amount for the relevant year in respect of such part shall be 50 per cent. of the qualifying expenditure so attributable.
(2) This article shall not apply in a case to which article 18(1)(b)(ii) or paragraph 6 of Schedule 4 applies.
15 

(1) Except where paragraph (5), (6) or (7) applies, in the case of an authority in Scotland, whose average rent increase differential, as calculated in accordance with paragraph (2) (“the proportion”), has a value greater than zero, the deduction from qualifying expenditure specified in article 11(2)(a) shall be the proportion multiplied by the sum calculated for that authority in accordance with paragraph (4).
(2) The average rent increase differential for each authority shall be calculated by applying the formula—(1+A)×(BC×DE)-1where
 A, B, C, D and E each has the value determined in accordance with paragraph (3).
(3) For the purposes of paragraph (2)—
(a) the value of A shall be the proportion calculated for that authority pursuant to paragraphs (3) and (4) of—
(i) in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order, or
(ii) in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year;
(b) the value of B shall be the average rent charged by the authority in respect of Category 1 dwellings on the final date;
(c) the value of C shall be the average rent charged by the authority in respect of Category 1 dwellings on the initial date;
(d) the value of D shall be the average rent charged by the authority in respect of Category 2 dwellings on the initial date; and
(e) the value of E shall be the average rent charged by the authority in respect of Category 2 dwellings on the final date.
(4) The sum referred to in paragraph (1) shall be that part of qualifying expenditure attributable to rebates granted during the relevant year before any deduction by reason of this article, but less any part of such expenditure to which article 13(1)(b)(ii) applies.
(5) Subject to paragraph (6), this article shall not apply in the case of an authority—
(a) which has—
(i) set the rent for the relevant year according to the type, condition, class or description of the dwellings and the services, facilities or rights provided to the tenants, where that rent is reasonable having regard to those matters;
(ii) not taken account of whether a tenant was a beneficiary when setting rents for the relevant year, and
(iii) not let dwellings, either in the relevant year or in either of the two previous years, to beneficiaries irrespective of their housing needs;
or
(b) where—
(i) any increases in rent between the initial date and 1st April in the following year were of the same percentage and applied on the same day to all tenants irrespective of whether they were beneficiaries, and
(ii) the average rent increase differential calculated in accordance with—(aa) in relation to the relevant year commencing on 1st April 1997, article 6 of the 1997 Order; or(bb) in relation to a relevant year commencing on or after 1st April 1998, this article of this Order for the year immediately preceding the relevant year,for that authority had a value which was zero or less than zero.
(6) In the case of a new authority, sub-paragraph (a)(iii) of paragraph (5) shall be modified so that, in relation to the relevant year commencing on 1st April 1997, for the words “or in either of the two previous years” there shall be substituted the words “or in the previous year”.
(7) This article shall not apply in a case to which article 17 (subsidy in respect of homeless and short lease rebate cases) applies.
(8) In this article (and, in the case of the meaning ascribed to the word “beneficiary”, also in article 19(2))—
 “average” means the arithmetic mean;
 “beneficiary” means a person who is entitled or likely to become entitled to a rebate;
 “Category 1 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were in receipt of rebates;
 “Category 2 dwellings” means dwellings rented out by the authority, on both the initial date and the final date, in respect of which, on the final date, the persons liable to pay such rent were not in receipt of rebates;
 “final date” means the last day of the relevant year;
 “initial date” means the day before the relevant year; and
 “rent” means either—
(a) the payments specified in sub-paragraphs (a) to (j) in paragraph (1) of regulation 10 of the Housing Benefit Regulations (rent); or
(b) the eligible rent,as the authority may determine, provided that wherever the expression “rent” occurs in paragraph (3) it has the same meaning throughout in relation to that authority.
16 

(1) Except in a case to which article 14 (backdated benefit) applies, and subject to paragraphs (2), (3) and (4) and to article 23 (transitional provisions in relation to rent officer determinations), this article applies in a rent allowance case and, where this article applies, the appropriate amount, for the purposes of article 13(1)(b)(ii), shall be calculated in accordance with Part II of Schedule 4.
(2) This article shall not apply where a dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 3, 10, 11 or 11A of Schedule 1A (excluded tenancies) to the Housing Benefit Regulations.
(3) Where the dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 5 to 9 of Schedule 1A to the Housing Benefit Regulations (“a regulated tenancy”), this article shall not apply if—
(a) a rent is registered in respect of that dwelling under Part IV, V or VI of the Rent Act 1977 or Part V, VI or VII of the Rent (Scotland) Act 1984; or
(b) an application has been made for such registration as is mentioned in sub-paragraph (a), but no such registration has been made because the rent officer or rent assessment committee (which in this article has the same meaning as in those Acts), as the case may be, are satisfied that the rent is at or below the fair rent level,
but in the case of a regulated tenancy to which neither sub-paragraph (a) nor (b) applies, the appropriate amount in respect of that allowance shall be calculated in accordance with Part I of Schedule 4.
(4) This article shall not apply in a case where a maximum rent has been determined, except where—
(a) it was determined by reference to a reckonable rent and a local reference rent, when the appropriate amount shall be calculated in accordance with paragraph 14 of Schedule 4; or
(b) prior to its determination, a payment was made pursuant to regulation 91 (payment on account) of the Housing Benefit Regulations, when the appropriate amount, in respect of that payment, shall be calculated in accordance with paragraph 11 of Schedule 4; or
(c) regulation 11(9) of the Housing Benefit Regulations (no maximum rent for first 13 weeks) applies, when the appropriate amount shall be calculated in respect of the first 13 weeks in accordance with paragraph 15 of Schedule 4.
(5) Expressions used in this article and in Schedule 4 have the same meanings in this article as they have in that Schedule.
17 

(1) Subject to paragraphs (5) and (6), where paragraph (4) applies and any part of the qualifying expenditure of an authority identified in column (1) of Schedule 1, except Scottish Homes, is attributable to any rebate granted in respect of a person whose weekly eligible rent exceeds the threshold, then for the purposes of article 13(1)(b)(ii), where that weekly eligible rent—
(a) does not exceed the cap, the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (2);
(b) does exceed the cap, the appropriate amount in respect of that rebate shall be calculated in accordance with paragraph (3).
(2) Subject to paragraph (7), where paragraph (1)(a) applies, and the rebate granted—
(a) is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates;
(b) is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess and 95 per cent. of the qualifying expenditure attributable to the balance after deducting that excess.
(3) Subject to paragraph (7), where paragraph (1)(b) applies, and the rebate granted—
(a) is the same as or is less than the amount by which the eligible rent exceeds the cap, the appropriate amount shall be nil per cent. of that part of the qualifying expenditure attributable to such rebates;
(b) is greater than the amount by which the eligible rent exceeds the cap, the appropriate amount shall be the aggregate of—
(i) nil per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess over the cap;
(ii) 12.5 per cent. of that part of the qualifying expenditure attributable to such rebates which is equal to the excess over the threshold, but not over the cap; and
(iii) 95 per cent. of the qualifying expenditure attributable to the balance after deducting an amount equal to the excess over the threshold.
(4) This paragraph applies where a rebate is payable by an authority in respect of rents which exceed the threshold and
(a) a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985, section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for board and lodging accommodation made available to that person;
(b) a person is required to pay to an authority under section 69(2)(b) of the Housing Act 1985, section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987, as the case may be, for accommodation, which the authority holds on a licence agreement from a landlord, and which it makes available to that person;
(c) a person is required to pay to an authority for accommodation outside that authority’s Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 10 years, and which it makes available to that person.
(5) Where, in Scotland—
(a) a person is required to pay to an authority for accommodation which the authority holds on a lease granted for a term not exceeding 10 years and which it makes available to that person; and
(b) an authority, other than Scottish Homes, identified in column (1) of Schedule 1, has granted any rebate in respect of such requirements to pay,
the appropriate amount shall be calculated in accordance with paragraph (6).
(6) Where paragraph (5) applies—
(a) if the rebate granted is in respect of a person whose weekly eligible rent does not exceed the threshold, then the appropriate amount shall be 95 per cent. of that rebate;
(b) if the rebate granted is the same as or is less than the amount by which the eligible rent exceeds the threshold, the appropriate amount shall be nil per cent.; and
(c) if the rebate granted is greater than the amount by which the eligible rent exceeds the threshold, the appropriate amount in respect of such part of such rebate which is equal to the excess shall be nil per cent., but in respect of that part of such rebate attributable to the balance after deducting an amount equal to the excess, the appropriate amount shall be 95 per cent..
(7) For the relevant year commencing on 1st April 1997, this article shall be modified so that, for the figure “12.5” in paragraphs (2)(a) and (b) and (3)(b)(ii), there shall be substituted the figure “17.5”.
(8) In this article, in relation to an authority falling within paragraph (1)—
 “the cap” means the sum specified in relation to that authority in column (4) of Schedule 1, and
 “the threshold” means the sum specified in relation to that authority in column (3) of Schedule 1.
18 

(1) Subject to paragraphs (8), (9) and (10), the additions referred to in article 13(1) are—
(a) where following the loss, destruction or non-receipt, or alleged loss, destruction or non-receipt of original instruments of payment of relevant benefit, an authority makes duplicate payments and the original instruments have been or are subsequently encashed, an amount equal to 25 per cent. of the amount of the duplicate payments;
(b) subject to paragraphs (2) and (3), where, during the relevant year, it is discovered that an overpayment of community charge benefit or relevant benefit has been made and an amount is to be deducted under article 19 in relation to that overpayment, an amount equal to—
(i) in the case of a departmental error overpayment, 95 per cent. of so much of the overpayment as has not been recovered by the authority;
(ii) in the case of a fraudulent overpayment 95 per cent. of the overpayment; or
(iii) except where head (i) or (ii) above applies, 25 per cent. of the overpayment;
(c) where, during the relevant year, it is discovered that an overpayment in respect of which a deduction was made under article 11 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order (other than a deduction under article 11(1)(g) or 19(1)(c) of the 1994 Order or 11(1)(f) or 19(1)(c) of the 1995, 1996 or 1997 Orders) or, in respect of a year earlier than the relevant year, under article 19 (other than a deduction under article 19(1)(f)), as the case may be, was a fraudulent overpayment, the amount, if any, by which 95 per cent. of any such overpayment exceeds the amount of any subsidy that has been paid in respect of that overpayment;
(d) in the case of an authority, other than Scottish Homes, identified in column (1) of Schedule 1, the sum specified in relation to that authority in column (5) of that Schedule.
(2) The amount under paragraph (1)(b) shall not include an amount in relation to—
(a) an authority error overpayment;
(b) any technical overpayment; or
(c) any overpayment discovered in the relevant year, which arose as a result of a reduction in the amount of council tax a person is or was liable to pay.
(3) In the case of a departmental error overpayment, where some or all of that overpayment is recovered by the authority, no addition shall be applicable to the authority in respect of the amount so recovered.
(4) In paragraphs (1)(b)(i) and (3) and in article 19(1)(e) “departmental error overpayment”means an overpayment caused by a mistake made, whether in the form of an act or omission—
(a) by an officer of the Department of Social Security or the Department for Education and Employment, acting as such; or
(b) in a decision of an adjudication officer, social security appeal tribunal or Social Security Commissioner appointed in accordance with sections 38(1), 40(1), 51(1) and 52(1) of the Act (appointment of adjudication officers, chairmen and members of social security appeal tribunals and Commissioners),
where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake.
(5) In paragraph (1)(b)(ii) and (c), in article 19(1)(f) and in paragraph 1 of Schedule 5 “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 and which—
(a) is so classified by an officer of the authority, whom the authority has designated for the purpose of so classifying, after that date; and
(b) occurs as a result of the payment of relevant benefit or community charge benefit arising in consequence of—
(i) a breach of section 111A or 112(1) of the Act (dishonest or false representations for obtaining benefit); or
(ii) a person knowingly failing to report a relevant change of circumstances, contrary to the requirements of regulation 75 of the Housing Benefit Regulations, regulation 63 of the Community Charge Benefits Regulations or of regulation 65 of the Council Tax Benefit Regulations, as the case may be, (duty to notify change of circumstances), with intent to obtain or retain such relevant benefit or community charge benefit for himself or another.
(6) In paragraph (2)(a) “authority error overpayment” means an overpayment caused by a mistake made, whether in the form of an act or omission, by an authority, where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake.
(7) In paragraph (2)(b) “technical overpayment” means that part of an overpayment which occurs as a result of a rebate or council tax benefit being awarded in advance of the payment when—
(a) a change of circumstances, which occurs subsequent to that award, reduces or eliminates entitlement to that rebate or benefit; or
(b) the authority identifies, subsequent to that award, a recoverable overpayment which does not arise from a change in circumstances,
but shall not include any part of that overpayment occurring before the benefit week following the week in which the change is disclosed to the authority or it identifies that overpayment.
(8) Except for paragraphs (1)(b)(ii), (1)(c) and (5), this article shall not apply to that part of any community charge benefit or relevant benefit in respect of a case to which paragraph (15) of regulation 72 of the Housing Benefit Regulations, paragraph (16) of regulation 62 of the Council Tax Benefit Regulations or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), as the case may be, applies.
(9) Any reference in this article to an overpayment shall not include any relevant benefit for any period overrun or other period immediately following expiry of the specified period determined under regulation 66 of the Housing Benefit Regulations or regulation 57 of the Council Tax Benefit Regulations (benefit periods), as the case may be, except for so much of any relevant benefit to which the claimant would not have been entitled had a claim for that period been duly made and determined.
(10) This article shall not apply to any expenditure in respect of which, had it been qualifying expenditure, the appropriate amount would have been nil.
19 

(1) The deductions referred to in article 11(2)(b) are, subject to paragraph (4), to be of the following amounts where—
(a) subject to paragraphs (2) and (3), a tenant of an authority, who is in receipt of a rebate while continuing to occupy, or when entering into occupation of a dwelling as his home, either under his existing tenancy agreement or by entering into a new tenancy agreement—
(i) is during, or was at any time prior to, the relevant year able to choose whether or not to be provided with any services, facilities or rights (“improvements”) and chooses or chose to be so provided;
(ii) is during, or was at any time prior to, the relevant year, able to choose either to be provided with any improvements or, whether or not in return for an award or grant from the authority, to provide such improvements for himself; or
(iii) would be able during, or would have been able at any time prior to, the relevant year to exercise the choice set out in head (i) or (ii) of this sub-paragraph if he were not or had not at that time been in receipt of a rebate,
the amounts attributed during the relevant year to such improvements whether they are or would be expressed as part of the sum fixed as rent, otherwise reserved as rent or expressed as an award or grant from the authority;
(b) during the relevant year a person becomes entitled to a rent-free period which has not been, or does not fall to be, taken into account in calculating the amount of rebate to which he is entitled under the Housing Benefit Regulations, the amount of rebate which is or was payable to him in respect of such rent-free period;
(c) during the relevant year an award in the form of a payment of money or monies worth, a credit to the person’s rent account or in some other form is made by an authority to one of its tenants in receipt of a rebate, whether or not the person is immediately entitled to the award, the amount or value of the award, but no such deduction shall be made in respect of an award—
(i) made to a tenant for a reason unrelated to the fact that he is a tenant;
(ii) made under a statutory obligation;
(iii) made under section 137 of the Local Government Act 1972 or section 83 of the Local Government (Scotland) Act 1973 (power of local authorities to incur expenditure for certain purposes not otherwise authorised);
(iv) except where sub-paragraph (a)(ii) applies, made as reasonable compensation for reasonable repairs or redecoration the tenant has, or has caused to be, carried out whether for payment or not and which the authority would otherwise have carried out or have been required to carry out; or
(v) of a reasonable amount made as compensation for loss, damage or inconvenience of a kind which occurs only exceptionally and which was suffered by the tenant by virtue of his occupation of his home;
(d) during the relevant year the weekly amount of relevant benefit is increased pursuant to paragraph (2) or (3) of regulation 61 of the Housing Benefit Regulations or regulations 51(5) or 54(4) of the Council Tax Benefit Regulations (increases of weekly amounts for exceptional circumstances), the amount of such increase;
(e) during the relevant year an amount is recovered in relation to a departmental error overpayment, within the meaning of article 18(4), the amount so recovered, in a case where the overpayment had occurred and been discovered in a year earlier than the relevant year;
(f) during the relevant year a fraudulent overpayment, within the meaning of article 18(5), is identified, the amount of the overpayment, but only to the extent that the amount of overpayment or any part of it has not been deducted from qualifying expenditure under article 4 or 19 of the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order or article 11(2), as the case may be;
(g) subject to sub-paragraphs (e) and (f), during the relevant year it is discovered that an overpayment of relevant benefit has been made, the amount of such overpayment, but only to the extent that—
(i) the amount of such overpayment or any part of it has not been deducted from qualifying expenditure under article 3 of the 1989 Order or the 1990 Order or under article 4 or 15 of the 1991 Order or articles 4 or 16 of the 1992 Order or the 1993 Order or articles 4 or 19 of respectively the 1994 Order, the 1995 Order, the 1996 Order or the 1997 Order, or article 11(2), as the case may be; and
(ii) the amount of the overpayment or any part of it does not include an amount to which paragraph (15) of regulation 72 of the Housing Benefit Regulations, paragraph (7) of article 2 of the Community Charge Benefits (Transitional) Order 1989, paragraph (18) of regulation 59 of the Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988, paragraph (16) of regulation 62 of the Council Tax Benefit Regulations or paragraph (18) of regulation 60 of the Community Charge Benefits Regulations (time and manner in which claims are to be made), as the case may be, applied;
(h) during the relevant year any instrument of payment of relevant benefit issued by an authority during that year is returned to that authority without being presented for payment or is found by that authority to have passed its date of validity without being presented for payment, the amount of any such instrument;
(i) during the relevant year an amount is recovered in respect of which subsidy was paid pursuant to paragraph 6(2) of Schedule 6 to the 1996 Order or the 1997 Order or paragraph 11(2) of Schedule 4 (subsidy on payments on account), the amount so recovered, where the payment on account was made in a year earlier than the relevant year.
(2) Subject to paragraph (3), no deduction shall be made under sub-paragraph (1)(a) where the eligible rent for a tenant has been increased in a case to which that sub-paragraph would apply, but—
(a) any such services, facilities or rights (“improvements”)—
(i) relate solely to the physical needs of the property in question or the needs of that tenant; and
(ii) the increased rent in relation to such improvements is reasonable;
(b) the tenant was eligible whether or not he was a beneficiary; and
(c) the authority has not let properties, to which they intend to make improvements, either in the relevant year or in the two years preceding that year, solely or largely to beneficiaries.
(3) In paragraph (2)—
(a) “beneficiary” has the meaning it is given by article 15(8); and
(b) in a case to which article 24 applies, sub-paragraph (c) shall have effect as modified by article 24(2).
(4) Where in relation to any amount of a rebate or allowance a deduction falls to be made under two or more of the sub-paragraphs of paragraph (1), as the case may be, only the higher or highest, or, where the amounts are equal, only one amount, shall be deducted.
20 
Where, during the relevant year, it is found by an authority that any instrument of payment issued by it as payment of any relevant benefit or community charge benefit on or after 1st April 1988, but before the relevant year, has been returned to that authority without having been presented for payment or has passed its date of validity without having been presented for payment, the deduction referred to in article 13(1) shall be the amount of any subsidy that has been paid in respect of that instrument.
21 

(1) Where this article applies, the addition to or, as the case may be, deduction from subsidy referred to in article 13(1) shall be calculated in accordance with Schedule 5.
(2) This article applies in the case of an authority to which paragraph 2 of Schedule 5 applies and in such a case the addition shall be calculated in accordance with that paragraph.
(3) This article also applies in the case of an authority to which paragraph 4 of Schedule 5 applies and in such a case the deduction shall be calculated in accordance with that paragraph.
PART IV
22 
In relation to the relevant year commencing on 1st April 1997 the—
(a) initial claim;
(b) mid-year claim; and
(c) returns pursuant to article 4(4) due on 15th April, 15th July and 15th October 1997 and 15th January 1998,may be submitted not later than 7 days after the day on which this Order comes into force, but no duty to pay interim subsidy to an authority shall arise until that claim or return, as the case may be, is submitted by the authority.
23 

(1) In the relevant year commencing on 1st April 1997, the expression “property-specific rent less ineligible amounts” in both paragraph 17(1) of Schedule 4 and paragraph 13(1) of Schedule 6 to the 1997 Order has effect as if after the words “(“ineligible payments”)”, there were inserted the words “or, in the case of a determination prior to 2nd October 1995, the authority is of the opinion that the exceptionally high rent did not include ineligible payments,”.
(2) In the case of any part of an award of housing benefit—
(a) made pursuant to paragraph 1(f)(iii) of Schedule 1 to the Housing Benefit Regulations (ineligible services charges); and
(b) to which Part II of Schedule 4 applies,
the appropriate amount, in relation to any such part which is paid pursuant to that head of that sub-paragraph, shall be 95 per cent..
24 

(1) This article applies in the case of a new authority, a 1997 authority or a 1998 authority, as the case may be, and, in these cases, the modifications set out in paragraph (2) shall apply.
(2) In relation to the relevant year commencing on—
(a) 1st April 1997, in the case of a—
(i) new authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”;
(ii) 1997 authority, the words “or in the two years preceding that year” shall be omitted from article 19(2)(c);
(b) 1st April 1998, in the case of a—
(i) 1997 authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”;
(ii) 1998 authority, the words “or in the two years preceding that year” shall be omitted from article 19(2)(c);
(c) 1st April 1999, in the case of a 1998 authority, for the words “or in the two years preceding that year” in article 19(2)(c) there shall be substituted the words “or in the year preceding that year”.
Signed by authority of the Secretary of State for Social Security.
Keith Bradley
Parliamentary Under-Secretary of State,
Department of Social Security
3rd March 1998We consent,
Jim Dowd
Bob Ainsworth
Two of the Lords Commissioners of Her Majesty’s Treasury
4th March 1998
SCHEDULE 1
Articles 12(b), 17(1), 18(1)(d), 21 and paragraph 1(2) of Schedule 5


(1) Authority (2) Administration Subsidy (£) (3) Homeless Threshold (£) (4) Homeless Cap (£) (5) Additional Subsidy (£) (6) Benefit Savings Threshold (£)
ENGLAND
Adur 127,878 66.78 89.04 16,794 131,896
Allerdale 262,099 55.26 73.68 16,513 159,687
Alnwick 73,824 49.10 65.46 3,427 43,677
Amber Valley 224,871 51.44 68.58 16,566 145,218
Arun 327,996 81.93 109.24 59,885 462,730
Ashfield 258,825 51.38 68.50 17,555 152,894
Ashford 193,486 75.51 100.68 16,352 180,870
Aylesbury Vale 211,722 66.33 88.44 27,486 172,129
Babergh 155,665 63.11 84.14 13,981 138,951
Barking and Dagenham 568,626 134.43 161.31 51,935 401,998
Barnet 805,032 134.43 161.31 182,712 1,161,088
Barnsley 688,268 44.31 59.08 35,820 391,834
Barrow-in-Furness 217,450 63.69 84.92 27,611 212,459
Basildon 459,404 61.44 81.92 35,723 309,295
Basingstoke and Deane 285,457 69.75 93.00 25,306 210,778
Bassetlaw 242,522 55.53 74.04 19,565 164,744
Bath and North East Somerset 358,078 60.60 80.80 45,817 362,043
Bedford 373,264 54.93 73.24 35,430 327,436
Berwick-upon-Tweed 65,641 43.86 58.48 4,262 41,052
Bexley 500,711 134.43 161.31 63,299 512,036
Birmingham 3,570,059 60.39 80.52 303,832 3,064,096
Blaby 94,508 48.17 64.22 6,461 45,801
Blackburn 439,056 61.34 81.78 42,959 401,974
Blackpool 574,577 50.22 66.96 144,628 910,588
Blyth Valley 228,981 44.64 59.52 9,112 124,520
Bolsover 201,746 44.60 59.46 17,018 121,875
Bolton 752,667 52.74 70.32 54,719 639,165
Boston 130,490 51.96 69.28 8,555 82,222
Bournemouth 585,897 66.98 89.30 176,071 852,343
Bracknell Forest 178,844 64.76 86.34 23,069 164,419
Bradford 1,405,642 52.67 70.22 152,722 1,350,869
Braintree 265,985 63.39 84.52 23,205 205,186
Breckland 251,931 62.87 83.82 17,894 138,715
Brent 1,215,730 134.43 161.31 308,740 2,290,093
Brentwood 105,334 73.56 98.08 10,882 79,051
Bridgnorth 85,843 55.74 74.32 5,753 57,873
Brighton and Hove 1,090,055 66.72 88.96 277,605 1,589,134
Bristol 1,198,030 58.01 77.34 154,354 1,171,749
Broadland 171,462 62.87 83.82 11,523 104,029
Bromley 723,623 134.43 161.31 72,865 605,503
Bromsgrove 103,050 51.05 68.06 6,603 60,496
Broxbourne 154,982 78.86 105.14 18,887 137,205
Broxtowe 205,109 48.35 64.46 15,419 139,402
Burnley 275,846 57.20 76.26 41,013 304,118
Bury 392,478 55.37 73.82 38,251 317,057
Calderdale 499,812 50.79 67.72 37,735 389,214
Cambridge 241,933 62.21 82.94 28,688 260,633
Camden 1,135,353 134.43 161.31 217,817 2,116,492
Cannock Chase 195,103 61.07 81.42 8,110 123,512
Canterbury 314,511 72.21 96.28 51,929 360,227
Caradon 184,318 61.76 82.34 25,779 195,033
Carlisle 233,531 53.24 70.98 20,734 186,978
Carrick 226,358 57.98 77.30 35,041 243,303
Castle Morpeth 81,470 50.82 67.76 3,512 42,091
Castle Point 149,311 79.89 106.52 27,520 141,455
Charnwood 216,555 49.43 65.90 24,625 123,667
Chelmsford 235,200 67.16 89.54 23,114 183,365
Cheltenham 245,358 69.12 92.16 37,811 286,514
Cherwell 214,618 61.92 82.56 41,620 228,432
Chester 258,587 53.63 71.50 24,539 222,239
Chester-le-Street 128,052 49.07 65.42 7,840 78,319
Chesterfield 290,840 46.28 61.70 19,690 198,275
Chichester 192,071 66.78 89.04 24,207 204,640
Chiltern 141,376 69.75 93.00 6,927 103,264
Chorley 185,920 43.67 58.22 11,273 128,808
Christchurch 97,848 62.16 82.88 9,955 67,962
City of London 35,995 134.43 161.31 2,077 34,144
Colchester 329,837 64.52 86.02 40,744 350,322
Congleton 110,851 51.44 68.58 6,648 66,229
Copeland 190,085 52.53 70.04 13,088 139,810
Corby 145,813 51.17 68.22 18,158 113,042
Cotswold 129,910 78.06 104.08 16,142 139,006
Coventry 990,465 53.84 71.78 105,075 840,160
Craven 83,737 59.51 79.34 8,519 72,347
Crawley 188,524 66.87 89.16 14,059 102,375
Crewe and Nantwich 212,016 53.22 70.96 16,606 153,714
Croydon 998,210 134.43 161.31 195,597 1,682,556
Dacorum 249,911 61.88 82.50 20,678 169,598
Darlington 246,341 51.47 68.62 25,439 216,420
Dartford 172,150 72.29 96.38 22,102 158,730
Daventry 89,714 52.62 70.16 6,481 59,125
Derby 616,461 51.09 68.12 61,605 565,078
Derbyshire Dales 94,790 50.60 67.46 5,432 52,097
Derwentside 285,057 57.47 76.62 10,051 191,678
Doncaster 820,397 44.79 59.72 55,074 470,648
Dover 309,568 75.39 100.52 54,529 373,331
Dudley 747,010 54.45 72.60 27,076 398,544
Durham City 191,489 54.51 72.68 7,771 111,431
Ealing 988,314 134.43 161.31 249,713 1,645,573
Easington 350,031 54.62 72.82 14,278 219,061
East Cambridgeshire 134,278 62.87 83.82 11,487 72,393
East Devon 227,221 60.65 80.86 25,221 230,988
East Dorset 124,378 73.19 97.58 10,426 82,849
East Hampshire 155,484 69.75 93.00 18,563 130,268
East Hertfordshire 173,166 71.21 94.94 16,953 133,393
East Lindsey 311,667 54.15 72.20 42,682 281,490
East Northamptonshire 122,821 55.74 74.32 11,308 76,316
East Riding of Yorkshire 587,261 47.90 63.86 72,648 538,451
East Staffordshire 186,527 50.18 66.90 15,797 126,687
Eastbourne 290,825 65.99 87.98 66,091 372,888
Eastleigh 181,116 69.65 92.86 21,025 127,182
Eden 70,526 71.96 95.94 7,072 65,030
Ellesmere Port and Neston 159,211 43.04 57.38 7,997 92,942
Elmbridge 186,575 77.78 103.70 33,527 218,475
Enfield 764,927 134.43 161.31 135,084 1,110,048
Epping Forest 231,117 71.09 94.78 27,375 189,634
Epsom and Ewell 93,972 69.65 92.86 14,712 82,096
Erewash 234,962 46.55 62.06 20,230 155,563
Exeter 292,145 54.72 72.96 38,950 315,014
Fareham 119,778 66.62 88.82 11,526 115,771
Fenland 188,615 61.05 81.40 23,073 151,343
Forest Heath 90,783 56.54 75.38 8,273 63,056
Forest of Dean 143,350 60.65 80.86 14,101 117,326
Fylde 129,602 48.89 65.18 23,242 127,112
Gateshead 798,011 49.04 65.38 37,573 654,949
Gedling 191,577 48.39 64.52 20,093 146,702
Gillingham 200,492 63.80 85.06 41,605 241,010
Gloucester 275,100 65.84 87.78 58,045 353,538
Gosport 167,139 73.98 98.64 16,743 187,977
Gravesham 228,496 71.25 95.00 32,387 219,579
Great Yarmouth 309,339 48.81 65.08 58,670 317,951
Greenwich 991,405 134.43 161.31 70,845 1,027,712
Guildford 203,720 78.80 105.06 32,203 227,707
Hackney 1,495,105 134.43 161.31 243,433 2,631,330
Halton 445,350 47.43 63.24 19,880 291,347
Hambleton 138,912 47.84 63.78 12,466 82,233
Hammersmith and Fulham 878,891 134.43 161.31 152,324 1,209,033
Harborough 81,365 60.75 81.00 7,205 57,792
Haringey 1,309,264 134.43 161.31 384,860 2,746,581
Harlow 235,181 61.38 81.84 17,204 168,985
Harrogate 236,570 63.95 85.26 36,251 254,092
Harrow 458,901 134.43 161.31 103,804 705,957
Hart 89,192 93.66 124.88 12,214 74,755
Hartlepool 357,281 53.58 71.44 26,887 296,968
Hastings 416,090 69.75 93.00 96,855 501,748
Havant 232,441 69.75 93.00 29,267 178,371
Havering 487,586 134.43 161.31 52,813 358,068
Hereford 147,649 49.95 66.60 22,124 158,300
Hertsmere 219,732 62.87 83.82 16,112 132,822
High Peak 163,462 55.89 74.52 16,593 138,641
Hillingdon 553,999 134.43 161.31 69,495 742,398
Hinckley and Bosworth 130,865 55.41 73.88 11,435 70,733
Horsham 159,538 80.28 107.04 20,108 164,017
Hounslow 647,273 134.43 161.31 134,556 885,374
Huntingdonshire 213,218 59.94 79.92 21,438 168,199
Hyndburn 227,199 58.46 77.94 33,072 234,108
Ipswich 368,294 56.79 75.72 36,437 316,829
Isle of Wight 414,321 69.65 92.86 71,453 456,737
Isles of Scilly 4,837 62.57 83.42 480 2,347
Islington 1,123,082 134.43 161.31 119,640 1,431,747
Kennet 149,990 62.16 82.88 10,260 98,953
Kensington and Chelsea 716,159 134.43 161.31 181,247 1,330,284
Kerrier 246,134 62.52 83.36 31,640 255,817
Kettering 155,222 55.29 73.72 16,972 116,478
Kings Lynn and West Norfolk 295,978 53.69 71.58 25,824 223,613
Kingston-upon-Hull 1,132,617 48.24 64.32 84,023 877,215
Kingston-upon-Thames 260,543 134.43 161.31 37,274 327,577
Kirklees 975,704 56.03 74.70 81,189 828,207
Knowsley 710,398 66.47 88.62 25,991 522,403
Lambeth 1,466,392 134.43 161.31 242,655 2,236,795
Lancaster 357,398 53.75 71.66 68,838 372,326
Leeds 2,209,741 46.52 62.02 252,656 1,618,667
Leicester 992,070 57.59 76.78 91,173 880,835
Leominster 95,193 56.79 75.72 11,120 61,769
Lewes 187,874 71.16 94.88 33,257 196,293
Lewisham 1,394,404 134.43 161.31 157,200 1,491,021
Lichfield 126,414 56.48 75.30 5,274 88,920
Lincoln 297,360 48.32 64.42 28,883 249,897
Liverpool 2,676,617 63.03 84.04 247,268 2,274,531
Luton 488,572 64.37 85.82 99,748 541,967
Macclesfield 227,797 56.01 74.68 22,042 191,428
Maidstone 253,337 73.11 97.48 30,210 235,369
Maldon 118,694 62.87 83.82 11,815 92,676
Malvern Hills 171,868 56.79 75.72 12,324 107,700
Manchester 2,582,088 68.28 91.04 321,926 3,265,757
Mansfield 289,844 55.05 73.40 22,592 210,465
Melton 65,929 49.35 65.80 4,924 45,009
Mendip 216,532 62.82 83.76 29,044 228,352
Merton 474,637 134.43 161.31 90,316 600,719
Mid Bedfordshire 175,246 63.06 84.08 12,197 101,162
Mid Devon 135,635 59.66 79.54 12,103 134,651
Mid Suffolk 122,140 62.94 83.92 9,206 80,446
Mid Sussex 193,541 69.75 93.00 23,358 190,836
Middlesbrough 577,418 62.01 82.68 43,040 535,928
Milton Keynes 514,968 56.55 75.40 55,849 468,268
Mole Valley 106,180 67.64 90.18 9,110 84,126
New Forest 279,053 79.02 105.36 29,496 283,903
Newark and Sherwood 228,206 52.70 70.26 17,318 152,557
Newbury 231,302 63.65 84.86 22,539 161,331
Newcastle-under-Lyme 223,435 46.08 61.44 12,002 118,444
Newcastle-upon-Tyne 1,204,944 53.76 71.68 99,823 1,008,742
Newham 1,405,767 134.43 161.31 306,062 2,183,541
North Cornwall 218,194 61.83 82.44 26,814 211,437
North Devon 228,434 68.96 91.94 49,744 318,080
North Dorset 101,457 62.16 82.88 9,790 61,959
North East Derbyshire 198,659 44.13 58.84 7,496 89,419
North East Lincolnshire 487,204 49.53 66.04 57,609 415,405
North Hertfordshire 232,900 68.10 90.80 26,509 193,975
North Kesteven 126,616 51.93 69.24 9,073 75,134
North Lincolnshire 348,313 47.79 63.72 31,047 241,753
North Norfolk 210,497 56.81 75.74 23,763 194,284
North Shropshire 102,857 49.80 66.40 7,976 72,857
North Somerset 397,141 71.88 95.84 88,096 496,045
North Tyneside 697,436 43.89 58.52 41,484 447,423
North Warwickshire 132,192 50.87 67.82 1,964 70,311
North West Leicestershire 143,978 51.50 68.66 7,510 74,397
North Wiltshire 203,765 62.16 82.88 15,680 112,416
Northampton 436,819 59.58 79.44 49,011 382,030
Norwich 482,970 55.43 73.90 40,180 436,342
Nottingham 1,180,129 51.23 68.30 102,275 1,029,510
Nuneaton and Bedworth 265,167 50.54 67.38 21,855 179,387
Oadby and Wigston 65,895 47.79 63.72 6,017 42,002
Oldham 650,983 49.83 66.44 47,965 509,202
Oswestry 77,466 51.17 68.22 6,562 63,813
Oxford 383,190 63.66 84.88 114,187 583,821
Pendle 205,189 54.44 72.58 26,796 212,273
Penwith 245,631 62.16 82.88 31,383 273,439
Peterborough 467,877 60.66 80.88 71,644 458,690
Plymouth 810,901 51.14 68.18 123,071 905,464
Poole 283,768 65.54 87.38 45,421 298,015
Portsmouth 639,913 63.35 84.46 112,410 789,798
Preston 386,172 54.59 72.78 30,618 362,840
Purbeck 84,925 73.85 98.46 10,489 88,691
Reading 394,266 86.43 115.24 79,870 625,106
Redbridge 623,608 134.43 161.31 177,223 1,164,212
Redcar and Cleveland 418,250 56.79 75.72 32,816 358,238
Redditch 167,224 56.96 75.94 8,731 125,690
Reigate and Banstead 182,767 76.38 101.84 25,011 175,839
Restormel 259,807 61.52 82.02 39,891 292,172
Ribble Valley 56,900 48.99 65.32 5,910 43,041
Richmond-upon-Thames 354,553 134.43 161.31 52,668 427,000
Richmondshire 64,601 57.99 77.32 4,764 54,097
Rochdale 652,511 53.88 71.84 55,747 576,056
Rochester-upon-Medway 475,882 69.75 93.00 145,537 596,579
Rochford 121,091 65.54 87.38 13,503 99,828
Rossendale 165,506 54.69 72.92 13,965 146,027
Rother 195,370 78.17 104.22 30,053 269,340
Rotherham 732,018 41.01 54.68 27,841 368,025
Rugby 158,052 55.05 73.40 12,882 115,949
Runnymede 114,980 84.15 112.20 13,932 102,460
Rushcliffe 133,688 54.11 72.14 16,374 100,302
Rushmoor 169,673 70.20 93.60 20,654 140,364
Rutland 41,072 62.45 83.26 3,506 33,970
Ryedale 92,963 47.84 63.78 6,608 58,719
Salford 946,212 59.88 79.84 118,474 811,910
Salisbury 203,593 75.42 100.56 31,454 233,171
Sandwell 1,094,694 63.72 84.96 37,457 666,360
Scarborough 304,242 58.28 77.70 49,014 340,684
Sedgefield 271,099 49.91 66.54 8,673 145,269
Sedgemoor 230,064 65.04 86.72 34,915 245,387
Sefton 833,997 60.30 80.40 118,581 626,349
Selby 108,461 56.70 75.60 12,753 75,188
Sevenoaks 217,364 69.75 93.00 14,568 140,528
Sheffield 1,783,708 48.11 64.14 80,086 988,603
Shepway 313,111 65.15 86.86 72,493 322,882
Shrewsbury and Atcham 180,265 51.77 69.02 16,700 150,926
Slough 309,462 76.25 101.66 61,722 348,684
Solihull 365,333 60.66 80.88 14,997 238,449
South Bedfordshire 196,480 68.28 91.04 18,050 149,304
South Bucks 118,491 54.44 72.58 5,747 54,273
South Cambridgeshire 137,662 64.64 86.18 16,026 100,192
South Derbyshire 127,602 51.68 68.90 10,106 81,416
South Gloucestershire 321,486 64.20 85.60 35,613 269,401
South Hams 166,628 71.61 95.48 23,248 188,508
South Herefordshire 85,103 56.42 75.22 9,521 75,202
South Holland 118,135 52.41 69.88 6,810 61,504
South Kesteven 209,043 51.05 68.06 20,888 147,578
South Lakeland 165,867 56.30 75.06 20,505 166,780
South Norfolk 169,103 60.41 80.54 12,067 113,879
South Northamptonshire 87,511 62.27 83.02 8,279 60,552
South Oxfordshire 167,355 77.46 103.28 22,949 175,905
South Ribble 166,467 55.19 73.58 7,506 83,774
South Shropshire 91,951 56.79 75.72 7,417 68,142
South Somerset 290,674 64.88 86.50 34,710 273,471
South Staffordshire 150,300 55.74 74.32 5,317 86,675
South Tyneside 641,203 43.28 57.70 22,358 319,233
Southampton 720,762 60.98 81.30 129,673 854,135
Southend-on-Sea 581,600 67.67 90.22 128,468 796,676
Southwark 1,484,813 134.43 161.31 177,225 1,725,838
Spelthorne 165,953 69.75 93.00 18,373 107,680
St Albans 183,420 70.88 94.50 19,874 158,127
St Edmundsbury 172,675 60.23 80.30 12,913 128,499
St Helens 551,113 60.24 80.32 28,032 385,518
Stafford 173,075 53.24 70.98 11,093 104,732
Staffordshire Moorlands 125,838 52.10 69.46 5,830 68,896
Stevenage 225,525 69.93 93.24 14,784 215,198
Stockport 732,362 48.95 65.26 64,980 520,489
Stockton-on-Tees 490,003 54.03 72.04 35,145 389,940
Stoke-on-Trent 717,477 54.66 72.88 66,160 578,870
Stratford-on-Avon 163,243 57.86 77.14 16,564 152,759
Stroud 190,040 70.58 94.10 21,767 176,322
Suffolk Coastal 243,824 53.81 71.74 22,936 184,799
Sunderland 1,034,976 51.02 68.02 69,866 902,530
Surrey Heath 97,959 69.75 93.00 14,229 70,167
Sutton 381,843 134.43 161.31 52,198 380,949
Swale 351,322 53.28 71.04 45,584 281,513
Swindon 351,787 55.83 74.44 44,079 292,731
Tameside 643,335 54.75 73.00 45,911 499,475
Tamworth 162,153 58.44 77.92 14,846 121,192
Tandridge 91,479 61.44 81.92 10,876 76,588
Taunton Deane 243,870 57.08 76.10 38,246 246,089
Teesdale 50,299 50.57 67.42 3,393 28,552
Teignbridge 245,394 61.82 82.42 37,679 302,613
Tendring 364,362 61.20 81.60 60,595 337,218
Test Valley 142,734 71.12 94.82 10,865 114,844
Tewkesbury 113,041 55.94 74.58 11,535 86,193
Thanet 545,211 69.02 92.02 126,147 728,833
The Wrekin 368,768 63.80 85.06 26,801 325,920
Three Rivers 142,908 69.99 93.32 12,095 116,882
Thurrock 333,204 62.57 83.42 33,951 260,390
Tonbridge and Malling 214,340 69.75 93.00 13,928 132,426
Torbay 463,173 65.66 87.54 119,577 722,209
Torridge 136,673 55.40 73.86 24,812 176,723
Tower Hamlets 1,103,625 134.43 161.31 61,014 1,040,370
Trafford 472,828 56.40 75.20 54,183 410,719
Tunbridge Wells 231,636 69.75 93.00 22,146 196,425
Tynedale 96,882 55.89 74.52 4,451 59,649
Uttlesford 96,287 63.42 84.56 10,896 78,913
Vale of White Horse 164,628 69.75 93.00 15,225 100,146
Vale Royal 193,126 53.03 70.70 8,752 128,703
Wakefield 852,265 47.40 63.20 28,915 468,241
Walsall 726,656 50.01 66.68 21,607 392,978
Waltham Forest 945,280 134.43 161.31 179,371 1,313,780
Wandsworth 1,112,645 134.43 161.31 198,874 1,501,769
Wansbeck 192,072 46.55 62.06 13,677 97,048
Warrington 397,883 46.38 61.84 18,430 245,900
Warwick 223,438 60.02 80.02 23,430 189,326
Watford 183,140 67.28 89.70 32,693 204,878
Waveney 360,838 55.59 74.12 72,065 428,777
Waverley 169,295 72.98 97.30 21,055 152,269
Wealden 201,307 59.70 79.60 29,268 190,485
Wear Valley 208,550 53.51 71.34 9,623 121,824
Wellingborough 137,726 50.39 67.18 16,960 91,520
Welwyn Hatfield 206,002 62.00 82.66 16,192 145,904
West Devon 93,870 68.27 91.02 18,347 95,485
West Dorset 198,984 62.16 82.88 17,457 153,522
West Lancashire 256,511 53.37 71.16 13,373 197,059
West Lindsey 144,292 51.35 68.46 15,106 102,985
West Oxfordshire 133,171 65.48 87.30 19,977 132,872
West Somerset 94,922 75.86 101.14 16,274 118,663
West Wiltshire 214,452 73.46 97.94 36,653 229,497
Westminster 1,949,765 134.43 161.31 369,579 1,978,731
Weymouth and Portland 170,040 56.84 75.78 39,128 233,719
Wigan 749,696 47.37 63.16 33,095 456,169
Winchester 166,209 69.71 92.94 14,894 154,244
Windsor and Maidenhead 243,228 69.75 93.00 23,238 189,060
Wirral 1,102,692 66.02 88.02 130,785 1,056,229
Woking 131,190 85.19 113.58 18,476 147,662
Wokingham 123,973 73.17 97.56 20,438 125,297
Wolverhampton 855,372 54.92 73.22 41,214 556,450
Worcester 206,198 53.91 71.88 42,244 198,464
Worthing 239,767 67.01 89.34 58,860 327,785
Wychavon 199,817 56.79 75.72 11,278 99,831
Wycombe 221,749 77.37 103.16 23,249 189,457
Wyre 196,507 55.19 73.58 25,209 135,024
Wyre Forest 188,559 56.52 75.36 17,033 135,575
York 364,553 60.51 80.68 49,942 361,192
WALES
Blaenau Gwent 200,096 56.76 75.68 14,799 152,680
Bridgend 258,229 56.84 75.78 35,520 265,018
Caerphilly 335,215 59.90 79.86 36,496 189,602
Cardiff 713,150 64.89 86.52 100,994 896,265
Carmarthenshire 307,870 54.26 72.34 44,543 356,135
Ceredigion 126,174 58.97 78.62 24,250 169,528
Conwy 242,452 53.45 71.26 47,398 326,266
Denbighshire 197,249 48.83 65.10 50,187 238,293
Flintshire 212,466 52.38 69.84 21,878 202,442
Gwynedd 226,214 52.65 70.20 39,345 254,344
Isle of Anglesey 155,321 52.76 70.34 26,295 195,591
Merthyr Tydfil 172,864 54.62 72.82 12,090 98,256
Monmouthshire 114,763 62.72 83.62 10,164 130,150
Neath Port Talbot 328,340 54.53 72.70 26,992 294,765
Newport 316,578 62.21 82.94 38,816 344,385
Pembrokeshire 204,423 53.27 71.02 39,203 276,200
Powys 195,953 53.31 71.08 21,144 191,109
Rhondda, Cynon, Taff 536,851 55.52 74.02 48,511 439,827
Swansea 572,406 56.81 75.74 69,819 475,274
Torfaen 200,878 65.51 87.34 17,280 119,494
Vale of Glamorgan 214,396 63.95 85.26 42,944 289,933
Wrexham 261,738 48.51 64.68 22,657 157,431
SCOTLAND
Aberdeen City 460,211 40.22 53.63 25,950 244,401
Aberdeenshire 302,423 47.26 63.01 18,279 165,284
Angus 249,516 36.37 48.49 13,763 107,992
Argyll and Bute 209,714 53.22 70.96 24,153 193,793
Clackmannanshire 124,150 43.86 58.48 3,410 63,856
Dumfries and Galloway 380,377 50.30 67.07 30,956 261,124
Dundee City 633,345 54.85 73.13 28,157 449,344
East Ayrshire 338,898 39.30 52.40 12,845 188,654
East Dunbartonshire 135,198 47.39 63.18 7,606 90,985
East Lothian 231,028 41.43 55.24 16,986 132,155
East Renfrewshire 141,182 42.23 56.30 7,654 87,309
Edinburgh City 1,400,098 63.59 84.79 171,687 1,425,902
Falkirk 375,927 40.90 54.53 10,525 177,025
Fife 1,003,184 44.67 59.57 59,157 561,870
Glasgow City 3,464,837 58.17 77.56 177,196 2,387,108
Highland 493,914 56.34 75.11 36,556 355,481
Inverclyde 361,459 48.80 65.06 14,058 202,075
Midlothian 201,049 35.02 46.69 8,417 72,930
Moray 172,278 42.62 56.83 13,042 114,470
North Ayrshire 465,825 45.24 60.32 24,766 282,327
North Lanarkshire 1,011,559 46.43 61.91 18,876 526,410
Orkney 35,967 51.68 68.91 3,523 29,899
Perthshire and Kinross 282,947 42.23 56.30 31,716 175,641
Renfrewshire 516,402 45.24 60.32 18,955 275,959
Scottish Borders 249,815 43.31 57.75 9,230 114,758
Shetland 29,251 53.47 71.29 1,187 17,464
South Ayrshire 285,495 47.90 63.87 27,343 228,350
South Lanarkshire 798,920 49.20 65.61 22,511 483,316
Stirling 184,051 51.41 68.55 11,697 115,183
West Dunbartonshire 329,459 50.58 67.44 7,041 185,236
West Lothian 410,108 41.01 54.67 14,474 220,931
Western Isles 59,609 56.19 74.93 3,016 39,373
DEVELOPMENT CORPORATIONS
Scottish Homes 654,842    251,911
SCHEDULE 2
Article 12(b)
1 

(1) The adjustment to the sum in respect of the cost of administering relevant benefits referred to in article 12(b) shall be calculated in accordance with the formula—(A+C)-(B+D)where
 A is, in a case where an authority’s total credits in accordance with paragraph 2(a) exceed that authority’s total debits in accordance with paragraph 2(b), the amount by which those credits exceed those debits;
 B is, in a case where an authority’s total debits in accordance with paragraph 2(b) exceed that authority’s total credits in accordance with paragraph 2(a), the amount by which those debits exceed those credits;
 C is, in a case where an authority’s total credits in accordance with paragraph 5(a) exceed that authority’s total debits in accordance with paragraph 5(b), the amount by which those credits exceed those debits; and
 D is, in a case where an authority’s total debits in accordance with paragraph 5(b) exceed that authority’s total credits in accordance with paragraph 5(a), the amount by which those debits exceed those credits.
(2) In this Schedule, “last day” has the meaning ascribed to that term, for the purposes of housing benefit, in paragraph 12 of Schedule 5A to the Housing Benefit Regulations or, for the purposes of council tax benefit, paragraph 8 of Schedule 5A to the Council Tax Benefit Regulations (extended payments).
2 
In a case where a claim for housing benefit given priority under regulation 76(4) of the Housing Benefit Regulations (priority for extended payments) is made to an authority and—
(a) paragraph 3 applies to that claim, that authority shall be credited with £10;
(b) paragraph 4 applies to that claim, that authority shall be debited by £10.
3 
This paragraph applies where an authority determines a claim to which paragraph 2 applies within 4 weeks of the last day and also within either—
(a) 14 days of the receipt of that claim by that authority; or
(b) 7 days of the receipt by that authority of all the information necessary to determine it.
4 
This paragraph applies where an authority does not determine a claim to which paragraph 2 applies within whichever is the later of—
(a) 14 days of receipt of that claim by that authority;
(b) 7 days of the receipt by that authority of all the information necessary to determine that claim; or
(c) 4 weeks following the last day.
5 
In a case where a claim for council tax benefit given priority under regulation 66(4) of the Council Tax Benefit Regulations (priority for extended payments) is made to an authority and—
(a) paragraph 3 applies to that claim, that authority shall be credited with £10;
(b) paragraph 4 applies to that claim, that authority shall be debited by £10.
6 
This paragraph applies where an authority determines a claim to which paragraph 5 applies within 4 weeks of the last day and also within either—
(a) 14 days of the receipt of that claim by that authority; or
(b) 7 days of the receipt by that authority of all the information necessary to determine it.
7 
This paragraph applies where an authority does not determine a claim to which paragraph 5 applies within whichever is the later of—
(a) 14 days of the receipt of that claim by that authority;
(b) 7 days of the receipt by that authority of all the information necessary to determine that claim; or
(c) 4 weeks following the last day.
SCHEDULE 3
Article 13(3)
PART I
1 
In this Schedule, unless the context otherwise requires—
 “period overrun” means any period, in the relevant year—
(i) which follows a benefit period in that year or the previous year; and
(ii) in respect of which the authority makes a payment to a claimant after the expiration of the benefit period without making a further award under regulation 66 of the Housing Benefit Regulations or regulation 57 of the Council Tax Benefit Regulations, as the case may be;
 “benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations or regulation 57 of the Council Tax Benefit Regulations, as the case may be, save that where an authority makes an award under one of those regulations for a specified period of less than 60 benefit weeks commencing with the benefit week when that specified period began;
 “overrun week” means any week forming part of a period overrun, and
 “the Table” means the Table in paragraph 5(2).
PART II
2 
The percentage referred to in article 13(3)(a) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.
3 
The percentage referred to in article 13(3)(b) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of that Table.
4 
The percentage referred to in article 13(3)(c) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.
PART III
5 

(1) In the heading to column (1) in the Table in sub-paragraph (2), “total benefit weeks” means the total of all benefit weeks and overrun weeks for all claimants in the appropriate category as described in paragraph 2, 3 or 4, as the case may be, granted benefit by the authority in the relevant year.
(2) The Table referred to in this Schedule is as follows

(1) Overrun weeks in the relevant year as a percentage of the total benefit weeks in that year (2) Percentage reduction for the purpose of paragraph 2, 3 or 4, as the case may be
81 to 100% 5%
61 to 80.99% 4%
41 to 60.99% 3%
21 to 40.99% 2%
5 to 20.99% 1%
less than 5% nil per cent.
SCHEDULE 4
Articles 13(1) and 16
PART I
1 

(1) In a case to which this Part applies, where any part of the qualifying expenditure of an authority, whose area is or lies within an area identified in column (1) of the Table in Part V, is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Table, the appropriate amount shall be calculated in accordance with sub-paragraph (2).
(2) Where the allowance granted—
(a) is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the qualifying expenditure attributable to such allowance;
(b) is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be the aggregate of 25 per cent. of that part of the qualifying expenditure attributable to such allowance which is equal to the excess and 95 per cent. of that part of the qualifying expenditure attributable to the balance.
PART II
2 
The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with paragraph 6, 7, 8, 9 or 11 as appropriate.
3 
Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.
4 
This Part also applies in a case where the dwelling A is in a hostel and, by virtue of regulation 12A(2) of the Housing Benefit Regulations (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.
5 
This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.
6 
Except where paragraph 5 applies, this Part also applies in a case where an authority is required, under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer), to apply for a determination in relation to a dwelling during the relevant year which a rent officer would be required to make, but the authority fails to apply for that determination, and, in such a case, the appropriate amount shall be nil.
7 
Where —
(a) the rent officer determines a property-specific rent, but not a size-related rent; and
(b) the amount of eligible rent does not exceed the property-specific rent less ineligible amounts,the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
8 

(1) Where—
(a) the rent officer determines a property-specific rent, but not a size-related rent; and
(b) the amount of eligible rent exceeds the property-specific rent less ineligible amounts,
then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or sub-paragraph (3), as the case may be.
(2) Where the allowance granted is the same as or is less than the excess—
(a) except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(b) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.
(3) Where the allowance granted is greater than the excess the appropriate amount shall be
(a) except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(b) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
together with 95 per cent. of the qualifying expenditure which remains after deducting the excess.
9 

(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.
(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
(4) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—
(a) where the allowance is the same as or is less than the excess—
(i) except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b) where the allowance granted is greater than the excess the appropriate amount shall be—
(i) except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.
(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—
(a) where the allowance is the same as or is less than the excess—
(i) except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii) where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b) where the allowance granted is greater than the excess the appropriate amount shall be—
(i) except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii) where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.
10 
This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A), (4), as in force on 1st January 1996, or 12(2) of the Housing Benefit Regulations (restrictions on unreasonable rents or rent increases), as in force on 5th October 1997.
11 

(1) This paragraph applies in a case where—
(a) an authority makes a payment on account pursuant to regulation 91 of the Housing Benefit Regulations (payments on account); and
(b) on the subsequent determination by that authority the amount of rent allowance payable is less than the amount of that payment.
(2) In a case where this paragraph applies, the appropriate amount shall be 95 per cent. of so much of any amount which—
(a) is not in excess of the appropriate indicative rent level in relation to the dwelling, in respect of which the claim for rent allowance, pursuant to which the payment on account was paid, was made; and
(b) has not been recovered pursuant to either regulation 91(3) or regulation 99 (recoverable overpayments) of the Housing Benefit Regulations.
(3) In any case to which this paragraph applies where any such payments on account were in excess of the appropriate indicative rent level, the appropriate amount shall be nil.
12 
For the purposes of this Part—
(a) in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;
(b) in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;
(c) in a case where, during the relevant year—
(i) there has been a change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations; and
(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,
the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;
(d) in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—
(i) if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii) if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;
(iii) if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;
(e) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be, the relevant date is
(i) if the designated rent determination under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii) if the designated rent determination under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.
13 
For the purposes of this Part “termination date” means—
(a) 31st March in the relevant year; or
(b) where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or
(c) the date on which the allowance ceases to be paid in respect of the tenancy,whichever is the earlier date in the relevant year.
PART III
14 
In a case where article 16(4)(a) applies—
(a) where the authority, in determining the reckonable rent, has lessened that rent, in accordance with regulation 10(3) of and Schedule 1 to the Housing Benefit Regulations (ineligible charges), by a sum less than the ineligible amounts, the appropriate amount shall be 95 per cent. of the maximum rent as calculated by reference to the value of those ineligible amounts and the local reference rent; and
(b) in a case where sub-paragraph (a) does not apply, the appropriate amount shall be 95 per cent. of the eligible rent as determined by the authority.
15 
In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in regulation 11(9) of the Housing Benefit Regulations, 95 per cent. of the eligible rent less ineligible amounts.
PART IV
16 
For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).
17 

(1) In this Schedule, unless the context otherwise requires—
 “appropriate indicative rent level” means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under paragraph 1A or Part II of Schedule 1 to the Housing Benefit Regulations (meal and fuel charges);
 “designated rent” means—
(a) in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;
(b) in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;
 “ineligible amounts” means, except as provided in the definition of “property-specific rent less ineligible amounts” below—
(a) any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);
(b) any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amount ineligible for meals);
(c) where the dwelling is a hostel within the meaning of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than under sub-paragraphs (d) to (f) of that paragraph;
 “property-specific rent”, except as provided in the definition of “property-specific rent less ineligible amounts” below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;
 “property-specific rent less ineligible amounts” has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges for food and fuel), as the case may be (“ineligible payments”), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;
 “size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule and in regulation 11 of the Housing Benefit Regulations shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.
(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.
(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—
(a) the terms of the tenancy of a dwelling; or
(b) the size or composition of the household occupying that dwelling,
which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.
PART V
18 
The Table referred to in paragraph 1 is—

(1) Area (2) Threshold (Weekly Sum)
 £
ENGLAND (Rent Registration Areas)
Avon 91.49
Barking & Dagenham 136.89
Barnet 153.80
Bedfordshire 83.98
Berkshire 109.89
Bexley 136.34
Brent 128.25
Bromley 152.37
Buckinghamshire 97.32
Cambridgeshire 72.37
Camden 191.70
Cheshire 84.05
City of London 129.16
Cleveland 73.95
Cornwall 103.56
Croydon 193.15
Cumbria 54.28
Derbyshire 65.99
Devon 96.92
Dorset 87.82
Durham 67.25
Ealing 164.12
Enfield 138.34
Essex 110.99
Gloucestershire 79.93
Greater Manchester 89.50
Greenwich 131.58
Hackney 128.65
Hammersmith & Fulham 137.54
Hampshire 104.85
Haringey 133.32
Harrow 147.08
Havering 136.70
Hereford & Worcester 95.98
Hertfordshire 95.20
Hillingdon 144.56
Hounslow 144.60
Humberside 76.12
Isle of Wight 94.10
Islington 147.08
Kensington & Chelsea 157.32
Kent 119.44
Kingston-upon-Thames 159.11
Lambeth 127.73
Lancashire 99.30
Leicestershire 63.75
Lewisham 109.77
Lincolnshire 66.12
Merseyside 75.87
Merton 150.34
Midlands (West) 81.47
Newham 114.80
Norfolk 75.70
Northamptonshire 67.32
Northumberland 63.48
Nottinghamshire 72.89
Oxfordshire 121.89
Redbridge 124.10
Richmond-upon-Thames 163.07
Shropshire 104.79
Somerset 79.30
Southwark 129.36
Staffordshire 78.83
Suffolk 72.20
Surrey 122.08
Sussex (East) 121.69
Sussex (West) 113.68
Sutton 135.18
Tower Hamlets 144.22
Tyne & Wear 62.08
Waltham Forest 116.34
Wandsworth 154.80
Warwickshire 81.38
Westminster 195.73
Wiltshire 83.80
Yorkshire (North) 87.88
Yorkshire (South) 69.06
Yorkshire (West) 77.18
WALES (Rent Registration Areas)
Bridgend & Glamorgan Valleys 66.76
Cardiff & Vale of Glamorgan 77.99
North East Wales 60.90
North West Wales 58.63
Powys 69.55
South East Wales 70.60
Swansea, Neath & Port Talbot 62.75
West Wales 68.48
SCOTLAND (Areas of pre 1996 authorities)
Borders Region 108.56
Central 105.45
Dumfries & Galloway 95.84
Fife 106.51
Grampian 94.89
Highlands & Western Islands 81.42
Lothian 100.19
Other Islands 76.72
Strathclyde 93.60
Tayside 99.92
SCHEDULE 5
Articles 13 and 21
1 

(1) The additions to or deductions from subsidy referred to in articles 13 and 21 shall be calculated in accordance with this Schedule.
(2) In this Schedule, unless the context otherwise requires—
 A is equal to(B+C)×32,where—
 B is the total sum of benefit savings made by an authority; and
 C is the total sum of benefit-related savings made by an authority;
 D is the sum specified in column (6) of Schedule 1 (Benefits Savings Threshold) for an authority identified in column (1) of that Schedule;
 E is 0.75 of the value of D;
 F is twice the value of D;
 G is thrice the value of D;
 “authorised person” means—
(i) an officer of an authority; or
(ii) an employee of an authority’s contractor,who has been designated by that authority for the investigation of fraud;
 “benefit savings” means, in a case where an award of benefit had—
(a) been made before an intervention and a fraudulent overpayment has arisen; or
(b) been made before the intervention, but no overpayment of relevant benefit can be determined by the authority by reason of paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Housing Benefit Regulations or paragraphs 10 of Schedule 3, 4 of Schedule 4 or 5 of Schedule 5 to the Council Tax Benefit Regulations (income and capital to be disregarded) where a person is in receipt of income support or an income-based jobseeker’s allowance, as the case may be, pending the determination of an adjudication officer; or
(c) not been made before the intervention,any amount, which would—
(i) but for the intervention, have been paid by way of relevant benefit to a claimant during a benefit week; and
(ii) had it been paid as relevant benefit, have been a fraudulent overpayment (or in a case within paragraph (a) above, have also been a fraudulent overpayment), within the meaning of article 18(5),or, in a case where only a proportion of that non-payment was due to the intervention, the amount shall be that proportion;
 “benefit-related savings” means—
(i) where benefit savings have been established and the investigation that led to those savings has also led to a determination by an adjudication officer that no designated benefit, or less designated benefit is payable to a claimant, any specified amount of designated benefit that would, but for that intervention and consequent determination, have been paid to that claimant; and
(ii) where the benefit savings were less than the total relevant benefit not paid, the benefit-related savings shall be an amount determined by applying to the total of designated benefit not paid a percentage equal to the percentage which those benefit savings bear to the total relevant benefit not paid;
 “designated benefit” means income support, incapacity benefit, jobseeker’s allowance, retirement pension, severe disablement allowance and widow’s pension, in a case where a claimant was, prior to the intervention, also being paid relevant benefit;
 “intervention” means an investigation and intervention of one or more authorised persons whilst involved in the investigation of fraud and not in the performance of any other duty; and
 “specified amount”, in relation to a claimant, means—
(i) where the benefit is income support, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Income Support (General) Regulations 1987;
(ii) where the benefit is incapacity benefit or severe disablement allowance, half of the fortnightly payment in arrears by which such benefit is to be paid, pursuant to regulation 24(1) of the Social Security (Claims and Payments) Regulations 1987 or, in a case where that regulation does not apply, would be so paid if that regulation did apply;
(iii) where the benefit is jobseeker’s allowance, the amount payable in respect of a benefit week within the meaning prescribed therefor in regulation 2(1) of the Jobseeker’s Allowance Regulations 1996;
(iv) where the benefit is retirement pension or widow’s pension, the amount payable in respect of the week in advance in which such benefit is to be paid, pursuant to regulation 22(1) of the Social Security (Claims and Payments) Regulations 1987 or, in a case where that regulation does not apply, would be so paid if that regulation did apply.
2 

(1) Subject to sub-paragraphs (2) and (3), in the case of an authority where A is greater than D, the addition for that authority shall be 25 per cent. of the sum by which A exceeds D.
(2) Subject to sub-paragraph (3), in the case of an authority where A is greater than F, the addition for that authority shall be the sum calculated for that authority in sub-paragraph (1), plus 5 per cent. of the sum by which A exceeds F.
(3) In the case of an authority where A is greater than G, the addition for that authority shall be the sum calculated for that authority in sub-paragraphs (1) and (2), plus 10 per cent. of the sum by which A exceeds G.
3 
In the case of an authority where—
(a) A is the same as or is less than D; and
(b) A is also the same as or exceeds E, or where, by reason of paragraph 4(2), paragraph 4(1) does not apply,there shall be no addition or deduction under this Schedule for that authority.
4 

(1) Subject to sub-paragraph (2), in the case of an authority where A is less than E, the deduction for that authority shall be the sum by which A is less than E.
(2) Sub-paragraph (1) shall not apply in a case where the value of D for an authority is less than £60,000.