The Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014

Made: 26th June 2014

Laid before Parliament: 3rd July 2014

Coming into force: 25th July 2014

In accordance with section 176(1)[^f00004] of the Social Security Administration Act 1992, consultation has taken place with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Citation, commencement and interpretation

1

• (1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) and Discretionary Housing Payments (Grants) Amendment Order 2014 and comes into force on 25th July 2014.

• (2) Article 2 and Schedule 1 have effect from 1st April 2013.

• (3) Article 3, Schedule 2 and Schedule 3 have effect from 1st April 2014.

• (4) In this Order—

• (a) the “1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998[^f00005]; and

• (b) the “2001 Order” means the Discretionary Housing Payments (Grants) Order 2001[^f00006].

Amendments having effect from 1st April 2013

2

• (1) The 1998 Order is amended as follows—

• (a) in paragraph (3) of article 4 (Requirement of claim)[^f00007] for “31st May” substitute “30th April”; and

• (b) for Schedule 1 (Sums to be used in the calculation of subsidy)[^f00008] of the 1998 Order substitute Schedule 1 as set out in Schedule 1 to this Order.

• (2) The 2001 Order is amended as follows—

• (a) in paragraph (2)(f) of article 3 (Claims)[^f00009] for “31st May” substitute “30th April”; and

• (b) in paragraph (1) of article 7 (Limit on total expenditure) for “at the beginning of that year” substitute “in that year”.

Amendments having effect from 1st April 2014

3

• (1) The 1998 Order is amended as follows.

• (2) For Part 3 of Schedule 4A (Weekly rent limits for purposes of Part 2: Authorities in England)[^f00010] to the 1998 Order substitute Part 3 as set out in Schedule 2 to this Order.

• (3) For Part 5 of Schedule 4A (Amounts for purposes of Part 4, paragraph 4: Authorities in Wales)[^f00011] to the 1998 Order substitute Part 5 as set out in Schedule 3 to this Order.

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

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

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

Signed

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

Freud — Parliamentary Under-Secretary of State — Department for Work and Pensions — 24th June 2014

We consent

Sam Gyimah — Mark Lancaster — Two of the Lords Commissioners of Her Majesty’s Treasury — 26th June 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (“the 1998 Order”) (S.I. 1998/562), which provides for the calculation and payment of housing benefit subsidy to local authorities in England, Wales and Scotland which administer those benefits and the Discretionary Housing Payments (Grants) Order 2001 (the “2001 Order”) (S.I. 2001/2340), which sets out the basis on which local authorities may claim and be paid grants to reimburse the cost of making discretionary housing payments. Section 140F(2) of the Social Security Administration Act 1992 (c.5) authorises the making or varying of an Order before, during or after the year to which it relates.

Article 2 amends the 1998 Order and the 2001 Order with effect from 1st April 2013. It amends article 4 of the 1998 Order by altering the date on which the final claim should be copied to the local authority’s auditors and sets out new figures to be used in the calculation of subsidy for the year beginning on 1st April 2013 by substituting Schedule 1 to the 1998 Order with Schedule 1 to this Order. It amends article 3 of the 2001 Order by altering the date by which a local authority should submit its claim which sets out the amount of discretionary housing payments it made in that year. It also amends article 7 of the 2001 Order by changing the limit on the amount of expenditure that a local authority can incur in making discretionary housing payments in a year to 2.5 times the amount of the grant the Secretary of State makes to the local authority over the course of the year, rather than at the beginning of the year.

Article 3 amends the 1998 Order with effect from 1st April 2014. It substitutes Part 3 of Schedule 4A to the 1998 Order and, with respect to authorities in Wales, substitutes Part 5 of Schedule 4A to the 1998 Order which sets out the specified amount “O” and the guideline rent increase used when calculating deductions from subsidy under paragraph 4 in Part 4 of that Schedule.

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

Footnotes

[^f00001]: 1992 c.5. Sections 140B and 140F were inserted by the Housing Act 1996 (c.52), Schedule 12, paragraph 4. Section 140B was amended by the Social Security Administration (Fraud) Act 1997 (c.47) (“the Fraud Act”), section 10 and Schedule 1, paragraph 7 and the Local Government Act 2003 (c.26), Schedule 8, paragraph 1. Sections 140B and 140F were repealed by the Welfare Reform Act 2012 (c.5), Schedule 14, paragraph 1 to the extent they related to council tax benefit with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358. Section 189(1) and (4) was amended by the Social Security Act 1998 (c.14), Schedule 7, paragraph 109. Section 189(1) was amended by the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c.2) (“the Transfer of Functions Act”), Schedule 3, paragraph 57(2) and the Tax Credits Act 2002 (c.21), Schedule 6, paragraph 1. Section 189(4) was amended by S.I. 2013/252. Section 189(7) was amended by the Local Government Finance Act 1992 (c.14), Schedule 9, paragraph 24 and the Fraud Act, Schedule 1, paragraph 10. Section 189 was repealed, to the extent it related to council tax benefit, by the Welfare Reform Act 2012, Schedule 14, paragraph 1 with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358.

[^f00002]: 2000 c.19. Section 70 was amended by paragraph 1 of Schedule 8 to the Local Government Act 2003.

[^f00003]: Section 189(8) was amended by the Housing Act 1996, Schedule 13, paragraph 3(5), the Pensions Act 2007 (c.22), Schedule 1, paragraph 29, the Transfer of Functions Act, Schedule 3, paragraph 57(1) and (3), the Social Security (Recovery of Benefits) Act 1997 (c.27), Schedule 3, paragraph 10, the Tax Credits Act 2002, Schedule 4, paragraph 3 and the Welfare Reform Act 2012, Schedule 14, paragraph 1 with effect from 1st April 2013.

[^f00004]: Section 176(1) was amended by the Local Government Finance Act 1992, Schedule 9, paragraph 23, the Child Support, Pensions and Social Security Act 2000, section 69(6) and the Housing Act 1996, Schedule 13, paragraph 3(4). Section 176 was repealed, to the extent it related to council tax benefit, by the Welfare Reform Act 2012, schedule 14, paragraph 1 with effect from 1st April 2013 and subject to savings and transitional provisions in articles 9 and 10 of S.I. 2013/358.

[^f00005]: S.I. 1998/562.

[^f00006]: S.I. 2001/2340.

[^f00007]: Paragraph 3 of article 4 was amended by S.I. 2007/26.

[^f00008]: Schedule 1 was substituted by S.I. 2013/2989.

[^f00009]: Article 3 was amended by S.I. 2005/2052 and S.I. 2008/1167.

[^f00010]: Part 3 of Schedule 4A was substituted by S.I. 2013/2989.

[^f00011]: Part 5 of Schedule 4A was substituted by S.I. 2013/2989.

Editorial notes

[^key-6525741f2bf493e5ccd2a32093510054]: Art. 1 in force at 25.7.2014, see art. 1(1)

[^key-66021b6890634b8a0a29cb4498310423]: Art. 2 in force at 25.7.2014, see art. 1(1)

[^key-b32be6c810ce7b937022e4ccfb02b107]: Art. 3 in force at 25.7.2014, see art. 1(1)

[^key-5bfb7c68a307d3e5da60b5ffa6c1f981]: Sch. 1 in force at 25.7.2014, see art. 1(1)

[^key-95e3b582e59f3e2a5a11d3baf4462880]: Sch. 2 in force at 25.7.2014, see art. 1(1)

[^key-612aaca8f99e58f1cada7f25ad06470e]: Sch. 3 in force at 25.7.2014, see art. 1(1)

[^key-698fce3df57984179f0e54601b647655]: Art. 2(2)(b) revoked (S.) (9.12.2014) by The Discretionary Housing Payments (Limit on Total Expenditure) Revocation (Scotland) Order 2014 (S.S.I. 2014/298), arts. 1(1), 2(b)

[^key-16d5150a248fb1c4876e1098903f458a]: Art. 2(2) revoked (E.) (1.4.2026) by The Discretionary Financial Assistance and Discretionary Housing Payments (Amendment and Revocation) Regulations 2026 (S.I. 2026/271), reg. 1(1), Sch.