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United Kingdom Statutory Instruments
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URL: http://www.bailii.org/uk/legis/num_reg/2005/20050535.html

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STATUTORY INSTRUMENTS

2005 No. 535

SOCIAL SECURITY

The Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2005

  Made 3rd March 2005 
  Laid before Parliament 10th March 2005[a] 
  Coming into force 1st April 2005 

The Secretary of State for Work and Pensions, with the consent of the Treasury, in exercise of the powers conferred upon him by sections 140B, 140F(2) and 189(1) and (4),(5) and (7) of the Social Security Administration Act 1992[1], and of all other powers enabling him in that behalf, with the consent of the Treasury[2] and after consultation with organisations appearing to him to be representative of the authorities concerned [3], hereby makes the following Order:

Citation, commencement, interpretation and extent
     1.  - (1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment (No. 2) Order 2005 and shall come into force on 1st April 2005.

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

    (3) This Order extends to England and Wales.

Amendment of the 1998 Order
     2. Schedule 4A to the 1998 Order (rent rebate limitation deductions) is amended in accordance with the Schedule to this Order.



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


Malcolm Wicks
Minister of State, Department for Work and Pensions

3 March 2005



We consent


Jim Murphy

John Heppell
Two of the Lords Commissioners of Her Majesty's Treasury

3 March 2005



SCHEDULE
Article 2


AMENDMENTS TO SCHEDULE 4A TO THE 1998 ORDER


     1. In paragraph 2 (England - liability to deduction), for sub-paragraphs (6) and (7) there shall be substituted - 

     2. In paragraph 3 (amount of deduction), for sub-paragraph (3) there shall be substituted  - 

     3. For Part 3 there shall be substituted - 




     4. In paragraph 5 (Wales - amount of deduction), for sub-paragraph (2) there shall be substituted - 

     5. For Part 5 there shall be substituted - 





EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 ("the 1998 Order"), which provides for the calculation and payment of housing benefit subsidy to local authorities in England and Wales, in respect of rent rebates for dwellings within the authorities' Housing Revenue Accounts.

With respect to authorities in England, the Schedule to this Order amends Schedule 4A to the 1998 Order to substitute the GDP deflator, the annual factor and the weekly rent limit for the purposes of determining whether or not an authority is liable to a deduction from subsidy payable for 2005-06 (paragraphs 1 and 3). It also substitutes a rebate proportion for that year for the purpose of calculating the amount of the deduction (paragraph 2).

With respect to authorities in Wales, the Schedule to this Order amends Schedule 4A to the 1998 Order to substitute the specified amount "O" and the guideline rent increase for the purposes of determining whether or not an authority is liable to a deduction from subsidy payable for 2005-06 (paragraph 5). It also substitutes a rebate proportion for that year for the purpose of calculating the amount of the deduction (paragraph 4).

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

Notes:

 [1] 1992 c.5. Sections 140B and 140F were inserted by paragraph 4 of Schedule 12 to the Housing Act 1996 (c.52). Section 140B was amended by section 10 of, and paragraph 7 of Schedule 1 to, the Social Security Administration (Fraud) Act 1997 (c.47) and paragraph 36 of Schedule 7 to the Local Government Act 2003 (c.26). 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 (c.2) and Schedule 6 to the Tax Credits Act 2002 (c.21); 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

[2] See section 189(8) of the Social Security Administration Act 1992, as amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996, 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 and paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c.21).back

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

[4] S.I. 1998/562. The relevant amending instrument is the Income-related Benefits (Subsidy to Authorities) Amendment Order 2004 (S.I. 2004/646).back

[a] Amended by Correction Slip. The "Laid before Parliament" date should read "10th March 2005" back



ISBN 0 11 072439 9


 © Crown copyright 2005

Prepared 11 March 2005

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