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2003 No. 3179

SOCIAL SECURITY

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2003

  Made 8th December 2003 
  Laid before Parliament 12th December 2003 
  Coming into force 2nd January 2004 

The Secretary of State for Work and Pensions, with the consent of the Treasury[1], in exercise of the powers conferred upon him by sections 140B(1), (3) and (4), 140C(1) and (4), 140F(2) and 189(1) and (4) to (7) of the Social Security Administration Act 1992[2], and of all other powers enabling him in that behalf, after consultation with organisations appearing to him to be representative of the authorities concerned[3], hereby makes the following Order:

Citation, commencement and interpretation
     1.  - (1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2003 and shall come into force on 2nd January 2004.

    (2) Except where otherwise provided, the amendments made by this Order shall have effect from 1st April 2002.

    (3) In this Order, "the principal Order" means the Income-related Benefits (Subsidy to Authorities) Order 1998[4].

Amendments to Part II of the principal Order
     2. In article 4(2)(c) and (3) of the principal Order (requirement of claim for payment of subsidy), for "30th September" there shall be substituted "31st August".

Amendments to Part III of the principal Order
     3. In article 11(1) of the principal Order (interpretation of Part III)[5], for the definition of "X per cent." there shall be substituted - 

     4. In article 13 of the principal Order (calculation of relevant benefit)[6], there shall be omitted - 

     5. In article 14(2) of the principal Order (backdated benefit)[7], "(iia) or" shall be omitted.

     6.  - (1) Article 17 of the principal Order (subsidy in respect of homeless and short lease rebate cases)[8] shall be amended in accordance with the following provisions of this article.

    (2) In paragraph (1), "Subject to paragraphs (5) and (6)," and ", except Scottish Homes," shall be omitted.

    (3) In paragraph (2)(a), for the words after "the appropriate amount" there shall be substituted - 

    (4) In paragraph (2)(b), for the words after "amount shall be" there shall be substituted - 

    (5) For paragraph (3)(b)(ii), there shall be substituted - 

    (6) Paragraphs (5) and (6) shall be omitted.

     7.  - (1) Article 18 of the principal Order (additions to subsidy)[9] shall be amended in accordance with the following provisions of this article.

    (2) Paragraph (1)(b)(iia) and (iv) shall be omitted.

    (3) For paragraph (1)(b)(iii), there shall be substituted - 

    (4) In paragraph (1)(c), the words from "80 per cent." to "new incentive scheme," shall be omitted.

    (5) For paragraph (1)(d), there shall be substituted - 

    (6) In paragraph (4)(a) - 

    (7) In paragraph (4A), for "(1)(b)(iia)" there shall be substituted "(1)(d) and in article 19(1)(ea)".

    (8) In paragraph (5), for "(1)(b)(iia) and (iii) and (c) and (4A)" there shall be substituted "(1)(c) and (4A)".

     8. In article 19(1) of the principal Order (deductions to be made in calculating subsidy) - 

Amendments to the Schedules to the principal Order
     9. For Schedule 1 to the principal Order[10], there shall be substituted the Schedule set out in Schedule 1 to this Order.

     10.  - (1) Column 2 of Schedule 1 to the principal Order (administration subsidy)[11] shall be amended by substituting "£311,101" for "£316,876" for the authority Ashfield.

    (2) This article shall have effect in respect of the year commencing on 1st April 2001.

     11. For Part V of Schedule 4 to the principal Order (high rents and rent allowances)[12], there shall be substituted the Part in Schedule 2 to this Order.

     12. In paragraph 1(2) of Schedule 5 to the principal Order (benefit savings threshold)[13] - 



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


Chris Pond
Parliamentary Under-Secretary of State, Department for Work and Pensions

4th December 2003



We consent,


John Heppell

Jim Murphy
Two of the Lords Commissioners of Her Majesty's Treasury

8th December 2003



SCHEDULE 1
Article 9

The following Schedule is substituted for Schedule 1 to the principal Order.






SCHEDULE 2
Article 11

The following Part is substituted for Part V of Schedule 4 to the principal Order.





EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (S.I. 1998/562) ("the principal Order") which provides for subsidy to be payable to authorities administering housing benefit and council tax benefit.

Section 140F(2) of the Social Security Administration Act 1992 (c. 5) authorises the varying of an Order before, during or after the year to which it relates and section 140C(4) of that Act authorises the making of an Order before, during or after the end of the year to which it relates. Apart from article 10, the amendments made by this Order have effect from 1st April 2002.

Article 2 amends the date by which authorities must make their final claim for subsidy.

Articles 3, 6(3) to (5) and 7(2) to (5) amend some of the rates at which subsidy is paid, including the rates in respect of homeless and short lease rebate cases (article 6) and the additions to be made to subsidy where housing benefit has been overpaid (article 7).

Articles 4, 6(2) and (6) and 7(5) remove references to Scottish Homes to whom subsidy is no longer paid.

Articles 5, 7(7) and (8) and 8(b) make consequential amendments.

Article 7(6) amends the definition of "departmental error overpayment" in article 18(4) of the principal Order.

Article 8(a) amends the deductions to be made from subsidy for a claimant error overpayment.

Articles 9 and 11 substitute new tables of figures in Schedules 1 and 4 to the principal Order to be used in calculating subsidy entitlement.

Article 10 makes a small remedial amendment to the subsidy due to Ashfield Council for the year commencing on 1st April 2001.

Article 12 amends the method by which the benefit saving threshold is calculated under Schedule 1 to the principal Order.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

Notes:

 [1] See section 189(8) of the Social Security Administration Act 1992 (c. 5); amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 (c. 52), paragraph 10 of Schedule 3 to the Social Security (Recovery of Benefits) Act 1997 (c. 27), paragraph 57(3) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2) and paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c. 21).back

[2] 1992 c. 5. Sections 140B, 140C and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996. Section 140B(1) was amended by paragraph 7 of Schedule 1 to the Social Security Administration (Fraud) Act 1997 (c. 47); section 140B(4) was substituted by section 10 of the Social Security Administration (Fraud) Act 1997; section 189(1) and (4) to (6) was amended by paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14); section 189(1) was amended by paragraph 57(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 and Schedule 6 to the Tax Credits Act 2002; section 189(7) was amended by paragraph 24 of Schedule 9 to the Local Government Finance Act 1992 (c. 14) and paragraph 10 of Schedule 1 to the Social Security Administration (Fraud) Act 1997.back

[3] See section 176(1) of the Social Security Administration Act 1992; relevant amendment is paragraph 3(4) of Schedule 13 to the Housing Act 1996.back

[4] S.I. 1998/562. Relevant amending instruments are S.I.s 1998/2865, 1999/550, 2000/1091, 2000/2340, 2001/2350, 2002/1859 and 2002/3116.back

[5] The definition of "X per cent." was inserted by S.I. 2000/1091.back

[6] Relevant amending instruments are S.I.s 2000/1091 and 2002/1859.back

[7] Amending instruments are S.I.s 2000/2340 and 2002/3116.back

[8] Amending instrument is S.I. 2001/2350.back

[9] Amending instruments are S.I.s 1999/550, 2000/1091, 2000/2340, 2002/1397 and 2002/3116.back

[10] Amending Instruments are S.I.s 1999/550, 2000/1091, 2001/2350 and 2002/1859.back

[11] S.I. 2002/1859 substituted Schedule 1 to introduce the figure £316,876.back

[12] Part V of Schedule 4 was substituted by S.I. 1999/550 and the table in that Part was amended by S.I.s 2000/1091, 2000/2340, 2001/2350 and 2002/1859.back

[13] Schedule 5 was substituted by S.I. 2000/1091 and was amended by S.I.s 2002/1859 and 2002/3116.back


ISBN 0 11 048297 2


  Prepared 12 December 2003

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URL: http://www.bailii.org/uk/legis/num_reg/2003/20033179.html