The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

• “C” means the reasonable market rent; and

• “D” means, but for this paragraph, the comparable rent for suitably sized accommodation; and

• “the Amendment Order” means the Rent Officers (Additional Functions) (Amendment) Order 1989[^f00049] or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Amendment Order 1989[^f00050].

6

This paragraph applies where an authority has not considered it appropriate to treat a persons eligible rent as reduced under regulation 11 or 12 of the Regulations (restrictions on unreasonable rents or on rent increases).

Modification where rent is inclusive of domestic rates

7

Where—

• (a) before 1st April 1990 the rent officer had determined a reasonable market or a comparable rent for suitably sized accommodation, as the case may be; and

• (b) an amount was deducted from the eligible rent under regulation 10(3)(a) and (6) of the Housing Benefit Regulations as in force immediately before 1st April 1990 in respect of domestic rates, the reasonable market rent or, as the case may be, the comparable rent for suitably sized accommodation used as the basis of the calculation in paragraphs 2, 3, 4 and 5 of this Schedule, as the case may be, shall be increased by an amount equivalent to the amounts so deducted from the eligible rent in respect of domestic rates in respect of the period beginning on the relevant date and ending on the termination date.

Failure to apply for a rent officer determination

8

For any period in respect of which article 8(3) applies, the appropriate amount shall be nil per cent. of so much of the housing benefit qualifying expenditure as is attributable to any allowances granted.

Relevant date

9

For the purposes of this Schedule—

• (a) in a case where a claim for rent allowance is made on or after 1st April 1990, the relevant date is the date on which entitlement to benefit commences;

• (b) in a case where—

• (i) on 1st April 1990 there is current on that date a claim for an allowance in relation to the dwelling; and

• (ii) there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1990; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers (Additional Functions) Order 1989[^f00051], save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) Order 1989 had not taken effect by 31 March 1990, the relevant date will be 13 weeks after the relevant date determined under the Housing Benefit (Subsidy) Order 1990[^f00052];

• (c) in a case where—

• (i) during the relevant year there has been a relevant 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—

• (i) the dwelling is in a hostel; and

• (ii) by virtue of regulation 12A(2)(a) of the Housing Benefit Regulations (requirement to refer rent officers) an application for a determination in respect of that dwelling is not required; and

• (iii) there was current, on 9th October 1989, a benefit period relating to a claim for an allowance in accordance with sub-paragraph 7(f)(iii) of Schedule 4 to the Housing Benefit (Subsidy) Order 1990 (Rent Officers' Determinations); and

• (iv) during the period beginning with 9th October 1989 and ending on 31st March 1990 there has been neither a relevant change of circumstances nor the start of a new benefit period; and

• (v) there is current on 1st April 1990, a benefit period beginning before 9th October 1989 relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date (on or after 1st April 1990) on which any change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations[^f00053] (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990, begins, whichever is the earlier;

• (e) in a case where—

• (i) immediately before 10th April 1989 one of the occupiers of the dwelling was in receipt of income support under the Act and his applicable amount fell to be calculated in accordance with regulation 20 (applicable amounts for persons in board and lodging accommodation and hostels) or regulation 71(1)(b) (applicable amounts in urgent cases) of, or paragraph 17 of Schedule 7 (persons from abroad) to, the Income Support (General) Regulations 1987[^f00054], as then in force; and

• (ii) during the period beginning with 17th April 1989 and ending on 31st March 1990 there has neither been a relevant change of circumstances nor the start of a new benefit period; and

• (iii) there is, on 1st April 1990, a benefit period beginning before 9th October 1989 relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date on which any 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 the date on which the benefit period subsequent to the benefit period current on 1st April 1990, begins, whichever is the earlier;

• (f) in a case where—

• (i) the dwelling is an assured tenancy by virtue of the Housing Act 1988[^f00055] granted on or after 15th January 1989 but before 1st April 1989, or an assured tenancy by virtue of the Housing (Scotland) Act 1988[^f00056] granted on or after 2nd January 1989 but before 1st April 1989, as the case may be, and

• (ii) there was, current on 1st April 1989, a benefit period relating to a claim for an allowance in relation to the dwelling; and

• (iii) during the period beginning with 1st April 1989 and ending on 31st March 1990 there has neither been a relevant change of circumstances nor the start of a new benefit period; and

• (iv) there is, current on 1st April 1990, a benefit period relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date on which a 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 the date on which the benefit period subsequent to the benefit period current on 1st April 1990 begins, whichever is the earlier;

• (g) in a case where—

• (i) the tenancy is not an excluded tenancy within the meaning of Schedule 1A to the Housing Benefit Regulations (excluded tenancies); and

• (ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) an application for a determination in respect of that dwelling is not required; but nevertheless

• (iii) the authority applies for a rent officer’s determination in respect of that dwelling;

the relevant date is the Monday following the date on or after 1st April 1990 on which the authority applied to the rent officer for the determination;

• (h) in a case where a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is—

• (i) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

• (ii) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent oficer;

• (i) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—

• (i) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is higher than or equal to the amount determined 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 reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined 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.

Termination date

10

For the purposes of this Schedule “termination date” means—

• (a) 31st March 1991; or

• (b) where the rent officer’s determination replaces a determination made in relation tp the same dwelling, the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraphs 9(a) or (g) of this Schedule; or

• (c) the date on which the allowance ceases to be paid in respect of the tenancy,

whichever is earlier.

Apportionment

11

For the purposes of this Schedule where more than one person is liable to make payments in respect of a dwelling the “comparable rent for suitably sized accommodation” or “reasonable market rent” shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).

Interpretation

12

In this Schedule, unless the context otherwise requires—

• “comparable rent for suitably sized accommodation” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order;

• “ineligible amounts” means— any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Officers Order is attributable to the provision of services ineligible to be met by housing benefit, except to the extent that it relates to fuel charges, plus the amount in respect of such charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges); for a period beginning on or after 5th September 1989, In England and Wales, and 6th September 1989, in Scotland, any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations where the dwelling is a hostel within the meaning of regulation 12A of the Regulations (requirement to refer to rent officers), for the period beginning on or after 9th October 1989, any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than under sub-paragraphs (d) to (f) of that paragraph,

• “reasonable market rent” means the rent determined by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order;

and other expressions have the same meanings as in the Rent Officers Order.

SCHEDULE 6 — AMOUNT BY REFERENCE TO WHICH APPROPRIATE MAXIMUM AMOUNT IS DETERMINED

SCHEDULE 7 — PRESCRIBED CASELOAD FIGURES

SCHEDULE 8 — PRESCRIBED FIGURES FOR THE CALCULATION OF THE APPLICABLE AMOUNT

SCHEDULE 9 — AREA COST ADJUSTMENT FIGURES

SCHEDULE 10 — PRESCRIBED FIGURES FOR THE CALCULATION OF THE FURTHER AND SUPPLEMENTARY AMOUNTS

Signed

Signed by authority of the Secretary of State for Social Security.

Ann Widdecombe — Parliamentary Under-Secretary of State, — Department of Social Security — 6th March 1991

We consent,

Irvine Patnick — Sydney Chapman — Two of the Lords Commissioners of Her Majesty’s Treasury — 11th March 1991

Explanatory note

(This note is not part of the Order)

This Order makes provision for the calculation of housing benefit and community charge benefit subsidy payable under the Social Security Act 1986 to authorities administering housing benefit and community charge benefit.

It sets out in Part II the manner in which the total figure for an authority’s housing benefit subsidy in respect of rent rebates and allowances and, in Scotland, community charge rebates, for the year ending 31st March 1991 is calculated (articles 3(a) and 4 to 11 and Schedules 3, 4, 5 and 6), and the manner of calculating the additional sum payable to an authority in respect of the costs of administering housing benefit (article 3(b) and Schedules 1, 7, 8, 9 and 10).

The Order also makes provision for additions and deductions to subsidy in respect of rent rebates or allowances (articles 12 and 13) and for the modification of the provisions for subsidy in respect of payments of housing benefit in excess of entitlement, under section 32 of the Social Security and Housing Benefits Act 1982 and discovered in the relevant year (article 14).

In addition, the Order sets out in Part III the manner in which the total figure for the appropriate authority’s subsidy in respect of community charge benefit for the year ending 31st March 1991 is calculated (articles 16(a) and 17 to 19), and the manner of calculating the additional sum payable to an appropriate authority in respect of the costs of administering community charge benefit (article 16(b) and Schedules 2, 7, 8, 9 and 10); and it makes provision for additions and deductions to subsidy in respect of community charge benefit (articles 20 and 21).

Footnotes

[^f00001]: See section 83(5) of the Social Security Act 1986 (c. 50).

[^f00002]: 1986 c. 50; section 30(2) was amended by the Local Government and Housing Act 1989 (c. 42), sections 81(1) and 88(3) and by regulation 3 of S.I. 1988/458. Section 30(2ZA) was inserted by the Social Security Act 1990 (c. 27), Schedule 6, paragraph 19. Section 30(2A) was inserted by section 15 of the Social Security Act 1989 (c. 24). Section 30(11) was added by the Social Security Act 1988 (c. 7), Schedule 4, paragraph 20. Section 31F was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6. Section 31F(3) was inserted by the Social Security Act 1990 (c. 27), Schedule 6, paragraph 21(1), and section 31(5A) was inserted by the Social Security Act 1990, Schedule 6, paragraph 21(2).

[^f00003]: 1975 c. 14; section 166(1) to (3A) is applied by section 83(1) of the Social Security Act 1986.

[^f00004]: S.I. 1987/1967; relevant amending instruments are S.I. 1986/663, 1445, 2022 and 1989/1678.

[^f00005]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

[^f00006]: Section 30(1A) was inserted by regulation 5(b) of S.I. 1988/1483.

[^f00007]: See the definition of “relevant benefit” added to section 30(2) of the Social Security Act 1986 (c. 50) by the Local Government and Housing Act 1989 (c. 42), section 81(1).

[^f00008]: S.I. 1987/1971, amended by S.I. 1988/661, 909, 1444, 1843, 1971, 1989/43, 416, 566, 1017, 1322, 1990/546, 671, 1549, 1657 and 1775.

[^f00009]: S.I. 1990/428.

[^f00010]: S.I. 1990/396.

[^f00011]: S.I. 1988/1890, amended by 1989/43, 361 and 972, 1990/127.

[^f00012]: Section 28(6) allows modifications of the housing benefit scheme so as to provide for the disregard from income of a war disablement pension or a war widow’s pension.

[^f00013]: S.I. 1989/1322.

[^f00014]: 1987 c. 26.

[^f00015]: 1977 c. 42.

[^f00016]: 1984 c. 58.

[^f00017]: 1988 c. 50.

[^f00018]: 1988 c. 43.

[^f00019]: 1980 c. 51; sections 56 to 58 were partially repealed by section 140 of, and Schedule 18 to, the Housing Act 1988 c. 50

[^f00020]: 1988 c. 50.

[^f00021]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546.

[^f00022]: Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

[^f00023]: Schedule 1A was inserted by regulation 13 of S.I. 1990/546.

[^f00024]: 1982 c. 24.

[^f00025]: 1948, c. 29; section 21 was amended by the Local Government Act 1972 (c. 70), Schedule 23 paragraphs 1 and 2 and Schedule 30; the National Health Service Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 44 and Schedule 5; the Housing (Homeles Persons) Act 1977 (c. 48), Schedule; and the National Health Service Act 1977 (c. 49), Schedule 15, paragraph 5. Section 22 was amended by the Social Work (Scotland) Act 1968 (c. 49), section 87(4) and Schedule 9, Part 1; the Supplementary Benefits Act 1976 (c. 71) Schedule 7, paragraph 3; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule; the Social Security Act 1980 (c. 30), section 20, Schedule 4, paragraph 2(1) and Schedule 5, Part II the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(a) and the Social Security Act 1986 (c. 50), section 86 and Schedule 10, Part II, paragraph 32. Section 24 was amended by the National Assistance (Amendment) Act 1959 (c. 30), section 1(1); the National Health Service (Scotland) Act 1972 (c. 58), Schedule 6, paragraph 82; the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the National Health Reorganisation Act 1973 (c. 32), Schedule 4, paragraph 45 and the Housing (Homeless Persons) Act 1977 (c. 48), Schedule. Section 26 was amended by the Health Services and Public Health Act 1968 (c. 46), section 44 and Schedule 4 and the Social Work (Scotland) Act 1968 (c. 49), Schedule 9, Part I and applied by section 87(3); the Local Government Act 1972 (c. 70), Schedule 23, paragraph 2; the Housing (Homeless Persons) Act 1977 (c. 48), Schedule and the Health and Social Services and Social Security Adjudications Act 1983 (c. 41), section 20(1)(b).

[^f00026]: 1977 c. 49; paragraphs 1 and 2 of Schedule 8 were amended by section 30 Schedule 10, Part I of the Health and Social Services and Social Security Adjudications Act 1983 (c. 41); paragraph 1 was also amended by the Education Reform Act 1988 (c. 40) section 237 and Schedule 12 Part I, paragraph 22; paragraph 2 was also amended by section 148, Schedule 4 of the Mental Health Act 1983 (c. 20).

[^f00027]: 1968 c. 49.

[^f00028]: 1985 c. 68.

[^f00029]: 1987 c. 26.

[^f00030]: 1975 c. 14. Subsections 97(1)-(2E) were substituted for subsections 97(1) and (2) by Health and Social Services and Social Security Adjudications Act 1983 (c. 41), Schedule 8, paragraph 2; in subsection 97(3) a word was inserted by the Social Security Act 1979 (c. 18), section 9(1) and words were substituted by the Social Security Act 1980 (c. 30), section 12.

[^f00031]: S.I. 1989/1322.

[^f00032]: 1987 c. 47. Section 9A was inserted by section 143 of the Local Government and Housing Act 1989 (c. 42).

[^f00033]: 1972 c. 70; section 137 was amended by the Local Government (Miscellaneous Provisions) Act 1982 (c. 30), section 44; the Local Government Finance Act 1982 (c. 32), section 34, Schedule 5, paragraph 5; and by the Local Government Act 1986 (c. 10), section 3.

[^f00034]: 1982 c. 24.

[^f00035]: S.I. 1989/607.

[^f00036]: S.I. 1990/785.

[^f00037]: S.I. 1985/677.

[^f00038]: 1986 c. 50.

[^f00039]: Section 31B of the Social Security Act 1986 (c. 50) was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.

[^f00040]: Section 31F of the Social Security Act 1986 (c. 50) was inserted by the Local Government Finance Act 1988 (c. 41), Schedule 10, paragraph 6.

[^f00041]: Regulation 83 was amended by regulation 24 of S.I. 1990/834.

[^f00042]: S.I. 1989/1321, amended by 1990/834, 835, 1549, 1657 and 1773.

[^f00043]: Section 31B(6) allows modifications of the community charge benefit scheme so as to provide for the disregard from income of a war disablememnt pension or a war widow’s pension.

[^f00044]: 1975 c. 14.

[^f00045]: Regulation 83 was amended by S.I. 1990/834.

[^f00046]: S.I. 1990/785.