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Statutory Instruments

2013 No. 266

Social Security

The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013

Made

11th February 2013

Laid before Parliament

13th February 2013

Coming into force

18th March 2013

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by sections 140B(1), (3) and (4), 140C(1) and (4), 140F(2) and 189(1), (4), (5) and (7) of the Social Security Administration Act 1992( 1 ).

In accordance with section 189(8)( 2 ) of that Act, the Secretary of State has obtained the consent of the Treasury.

In accordance with section 176(1)( 3 ) of that Act, consultation has taken place with organisations appearing to the Secretary of State to be representative of the authorities concerned.

Citation, commencement and interpretation

(2) Article 2 has effect from 1st April 2011.

(3) Articles 3 and 4 have effect from 1st April 2012.

(4) In this Order “the 1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998( 4 ).

Substitution of Schedule 1 to the 1998 Order having effect from 1st April 2011

2. For Schedule 1( 5 ) (sums to be used in the calculation of subsidy) to the 1998 Order substitute the Schedule in Schedule 1 to this Order.

Amendment of article 4 of the 1998 Order having effect from 1st April 2012

3. In article 4(2)(c)( 6 ) (requirement of claim) for “31st May” substitute “30th April”.

Amendment of Schedule 4A to the 1998 Order having effect from 1st April 2012

4. —(1) Schedule 4A( 7 ) (rent rebate limitation deductions (Housing Revenue Account dwellings)) to the 1998 Order is amended as follows.

(2) In Part 1 (interpretation)—

(a) before the definition of “dwelling” insert—

“Affordable Rent” means the rent payable to an authority in respect of a tenancy of a dwelling where the rent is set on the same basis as would have been case if the amount of rent were subject to a standard set by the Regulator of Social Housing under section 194 of the Housing and Regeneration Act 2008 ( 8 ) (which requires the initial rent to be set at no more than 80% of local market rent (including service charges));

“Affordable Rent dwelling” means a dwelling which the authority has let on a tenancy for which it charges an Affordable Rent, and in relation to which either of the following applies—

(a)

the authority has entered into an agreement with a relevant party that the dwelling is one for which the authority will charge an Affordable Rent; or

(b)

the authority has received a written notice from a relevant party that the dwelling is one for which the authority charges an Affordable Rent; ; and

(b) after the definition of “new service” insert—

“relevant party” means—

(a)

the Homes and Communities Agency;

(b)

the Greater London Authority; or

(c)

the Secretary of State; .

(3) In Part 2 (England) in paragraph 2 (liability to deduction) in sub-paragraph (5) after “void dwellings” insert “and dwellings which are Affordable Rent dwellings”.

(4) For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 2 to this Order.

(5) For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 3 to this Order.

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

Freud

Parliamentary Under-Secretary of State,

Department for Work and Pensions

5th February 2013

We consent

Robert Goodwill

Desmond Swayne

Two of the Lords Commissioners of Her Majesty’s Treasury

11th February 2013

Article 2

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

Article 12(1)(b)

SCHEDULE 1 Sums to be used in the calculation of subsidy

RELEVANT YEAR 2011-12

Local authority

Administration subsidy (£)

Adur £439,175.50
Allerdale £751,146.02
Amber Valley £892,766.68
Arun £1,201,913.94
Ashfield £1,016,410.52
Ashford £804,575.52
Aylesbury Vale £1,008,832.25
Babergh £505,646.06
Barking & Dagenham £2,355,347.04
Barnet £3,001,735.86
Barnsley £2,188,310.38
Barrow in Furness £691,519.48
Basildon £1,630,548.61
Basingstoke and Deane £1,032,094.87
Bassetlaw £915,190.15
Bath & North East Somerset £1,203,574.41
Bedford £1,417,478.67
Bexley £1,684,870.10
Birmingham £12,529,420.47
Blaby £442,256.03
Blackburn with Darwen £1,580,179.59
Blackpool £1,980,061.53
Bolsover £659,576.65
Bolton £2,640,389.61
Boston £527,920.72
Bournemouth £1,922,412.37
Bracknell Forest £705,031.55
Bradford £5,382,793.05
Braintree £1,115,765.43
Breckland £953,887.10
Brent £4,074,950.67
Brentwood £397,071.28
Brighton and Hove £3,295,111.16
Bristol £4,879,289.22
Broadland £630,339.37
Bromley £2,084,035.16
Bromsgrove £442,506.64
Broxbourne £809,785.94
Broxtowe £704,613.55
Burnley £1,070,278.37
Bury £1,622,266.28
Calderdale £1,913,633.15
Cambridge £1,298,088.99
Camden £3,105,581.57
Cannock Chase £775,543.13
Canterbury £1,005,040.77
Carlisle £778,221.38
Castle Point £630,701.66
Central Bedfordshire £1,535,915.06
Charnwood £931,146.98
Chelmsford £1,006,005.91
Cheltenham £844,593.33
Cherwell £954,476.23
Cheshire East £2,236,014.16
Cheshire West and Chester £2,324,239.13
Chesterfield £977,029.14
Chichester £737,102.61
Chiltern £461,508.69
Chorley £686,300.19
Christchurch £349,569.87
City of London £164,555.38
Colchester £1,164,381.78
Copeland £579,792.08
Corby £600,137.08
Cornwall £4,473,120.15
Cotswold £504,098.71
Coventry £3,353,818.17
Craven £307,109.21
Crawley £967,777.27
Croydon £3,712,006.19
Dacorum £1,015,970.63
Darlington £1,028,851.89
Dartford £656,534.54
Daventry £425,671.99
Derby £2,129,915.22
Derbyshire Dales £342,722.28
Doncaster £2,952,010.89
Dover £940,977.91
Dudley £2,692,228.01
Durham £5,428,925.79
Ealing £3,657,894.90
East Cambridgeshire £492,254.00
East Devon £804,594.07
East Dorset £465,397.79
East Hampshire £628,683.01
East Hertfordshire £733,973.34
East Lindsey £1,308,364.47
East Northamptonshire £537,396.56
East Riding of Yorkshire £2,323,146.88
East Staffordshire £865,897.72
Eastbourne £1,069,329.03
Eastleigh £660,291.69
Eden £273,973.65
Elmbridge £670,510.94
Enfield £3,498,604.58
Epping Forest £769,792.23
Epsom and Ewell £376,995.22
Erewash £905,688.19
Exeter £886,314.82
Fareham £525,962.19
Fenland £886,675.47
Forest Heath £416,088.09
Forest of Dean £601,449.12
Fylde £461,814.90
Gateshead £2,032,064.46
Gedling £858,986.30
Gloucester £1,140,529.18
Gosport £728,722.05
Gravesham £824,059.98
Great Yarmouth £1,116,669.65
Greenwich £3,159,902.57
Guildford £813,925.70
Hackney £4,429,331.97
Halton £1,363,930.97
Hambleton £480,336.70
Hammersmith and Fulham £2,316,191.15
Harborough £351,876.17
Haringey £4,092,750.19
Harlow £857,179.16
Harrogate £880,477.78
Harrow £2,195,376.04
Hart £325,889.76
Hartlepool £1,256,393.58
Hastings £1,304,402.38
Havant £974,554.30
Havering £1,688,532.30
Herefordshire £1,243,555.03
Hertsmere £771,720.75
High Peak £662,909.04
Hillingdon £2,445,650.95
Hinckley and Bosworth £597,473.07
Horsham £599,751.24
Hounslow £2,451,201.02
Huntingdonshire £1,009,618.19
Hyndburn £895,045.08
Ipswich £1,162,964.26
Isle of Wight £1,470,858.58
Isles of Scilly £6,263.81
Islington £3,667,964.39
Kensington and Chelsea £2,116,974.05
Kettering £652,870.75
King’s Lynn & West Norfolk £1,186,115.39
Kingston upon Hull £3,338,525.26
Kingston upon Thames £1,131,117.97
Kirklees £4,329,219.23
Knowsley £2,037,850.92
Lambeth £4,760,248.36
Lancaster £1,075,951.54
Leeds £6,795,005.96
Leicester £3,504,338.12
Lewes £683,366.10
Lewisham £4,437,401.08
Lichfield £581,267.67
Lincoln £893,900.98
Liverpool £7,590,852.30
Luton £1,779,194.94
Maidstone £953,916.61
Maldon £386,514.38
Malvern Hills £438,085.65
Manchester £6,332,090.29
Mansfield £1,000,396.88
Medway £2,321,007.19
Melton £262,232.76
Mendip £778,726.42
Merton £1,623,277.97
Mid Devon £494,048.61
Mid Suffolk £476,351.50
Mid Sussex £624,162.49
Middlesbrough £1,914,613.49
Milton Keynes £2,170,751.61
Mole Valley £422,294.94
New Forest £1,007,286.36
Newark and Sherwood £755,927.42
Newcastle under Lyme £901,963.85
Newcastle upon Tyne £2,968,354.70
Newham £4,106,485.02
North Devon £797,132.46
North Dorset £384,224.58
North East Derbyshire £639,136.22
North East Lincolnshire £1,849,757.08
North Hertfordshire £910,987.34
North Kesteven £586,347.97
North Lincolnshire £1,484,746.54
North Norfolk £786,652.71
North Somerset £1,774,558.28
North Tyneside £1,883,644.51
North Warwickshire £421,933.09
North West Leicestershire £603,862.98
Northampton £1,854,518.92
Northumberland £2,577,285.03
Norwich £1,539,947.62
Nottingham £3,562,667.09
Nuneaton and Bedworth £1,026,656.67
Oadby and Wigston £289,440.80
Oldham £2,123,887.25
Oxford £1,051,935.88
Pendle £990,255.52
Peterborough £1,874,398.54
Plymouth £2,459,655.14
Poole £1,033,963.64
Portsmouth £2,277,522.21
Preston £1,216,325.82
Purbeck £296,209.77
Reading £1,397,519.37
Redbridge £2,000,022.51
Redcar and Cleveland £1,538,180.18
Redditch £691,373.76
Reigate and Banstead £804,962.55
Ribble Valley £247,765.94
Richmond upon Thames £1,239,890.09
Richmondshire £256,801.15
Rochdale £2,125,482.98
Rochford £447,841.73
Rossendale £617,253.13
Rother £703,899.60
Rotherham £2,390,711.81
Rugby £703,312.84
Runnymede £507,236.55
Rushcliffe £484,045.45
Rushmoor £680,300.34
Rutland £177,805.74
Ryedale £315,394.82
Salford £2,923,858.31
Sandwell £3,724,492.73
Scarborough £1,217,175.49
Sedgemoor £870,814.59
Sefton £2,632,464.16
Selby £459,047.40
Sevenoaks £640,996.24
Sheffield £4,642,992.72
Shepway £982,544.92
Shropshire £2,072,151.93
Slough £1,364,404.38
Solihull £1,428,592.37
South Bucks £312,522.07
South Cambridgeshire £605,985.64
South Derbyshire £492,357.11
South Gloucestershire £1,669,473.53
South Hams £563,550.62
South Holland £623,969.52
South Kesteven £857,258.25
South Lakeland £515,412.46
South Norfolk £729,822.00
South Northamptonshire £336,162.62
South Oxfordshire £585,031.18
South Ribble £666,031.17
South Somerset £1,156,332.54
South Staffordshire £603,459.18
South Tyneside £1,682,200.49
Southampton £2,281,965.47
Southend on Sea £1,747,499.42
Southwark £4,290,084.61
Spelthorne £588,909.97
St Albans £647,906.94
St Edmundsbury £689,382.40
St Helens £1,860,264.73
Stafford £658,745.65
Staffordshire Moorlands £520,914.44
Stevenage £723,808.18
Stockport £2,786,378.15
Stockton on Tees £1,790,560.65
Stoke on Trent £2,671,893.83
Stratford on Avon £704,088.06
Stroud £681,933.15
Suffolk Coastal £720,288.96
Sunderland £3,431,195.19
Surrey Heath £406,521.07
Sutton £1,566,719.21
Swale £1,140,234.31
Swindon £1,602,627.72
Tameside £2,320,585.53
Tamworth £547,168.79
Tandridge £409,189.18
Taunton Deane £801,383.33
Teignbridge £928,862.64
Telford and Wrekin £1,634,841.77
Tendring £1,529,287.49
Test Valley £660,515.79
Tewkesbury £500,321.80
Thanet £1,753,460.11
Three Rivers £516,400.91
Thurrock £1,366,427.79
Tonbridge and Malling £738,167.86
Torbay £1,714,961.48
Torridge £510,076.60
Tower Hamlets £4,711,907.05
Trafford £1,666,564.76
Tunbridge Wells £680,863.26
Uttlesford £343,822.88
Vale of White Horse £637,692.12
Wakefield £3,357,564.32
Walsall £3,282,546.89
Waltham Forest £2,827,805.07
Wandsworth £3,207,615.62
Warrington £1,388,801.37
Warwick £814,405.49
Watford £724,442.24
Waveney £1,096,585.59
Waverley £616,879.38
Wealden £748,329.80
Wellingborough £662,368.74
Welwyn Hatfield £781,505.49
West Berkshire £943,103.94
West Devon £346,423.97
West Dorset £629,299.65
West Lancashire £812,383.68
West Lindsey £665,622.09
West Oxfordshire £560,657.96
West Somerset £332,122.02
Westminster £2,855,482.49
Weymouth and Portland £634,507.00
Wigan £2,816,366.83
Wiltshire £2,788,201.96
Winchester £546,160.18
Windsor and Maidenhead £776,569.21
Wirral £3,302,311.01
Woking £555,457.56
Wokingham £557,311.00
Wolverhampton £3,051,234.75
Worcester £783,975.42
Worthing £842,190.12
Wychavon £678,467.30
Wycombe £1,015,958.50
Wyre £933,378.41
Wyre Forest £880,864.89
York £1,234,325.63
Aberdeen £1,524,694.94
Aberdeenshire £1,344,203.92
Angus £884,650.31
Argyll and Bute £764,872.62
Clackmannanshire £483,002.78
Comhairle nan Eilean Siar £270,206.29
Dumfries and Galloway £1,460,504.54
Dundee £1,867,283.78
East Ayrshire £1,293,846.82
East Dunbartonshire £571,698.16
East Lothian £716,575.32
East Renfrewshire £431,704.59
Edinburgh £4,453,072.47
Falkirk £1,342,814.58
Fife £3,193,296.88
Glasgow £9,585,687.05
Highland £1,778,446.70
Inverclyde £1,055,459.99
Midlothian £667,807.16
Moray £591,720.03
North Ayrshire £1,592,816.54
North Lanarkshire £3,445,963.35
Orkney £136,137.92
Perth and Kinross £1,034,408.96
Renfrewshire £1,877,401.44
Scottish Borders £972,606.66
Shetland £133,256.58
South Ayrshire £1,062,888.90
South Lanarkshire £2,911,998.84
Stirling £561,598.09
West Dunbartonshire £1,253,950.05
West Lothian £1,510,231.78
Blaenau Gwent £772,963.84
Bridgend £1,284,743.62
Caerphilly £1,568,650.88
Cardiff £3,418,957.64
Carmarthenshire £1,477,106.13
Ceredigion £520,368.11
Conwy £992,935.46
Denbighshire £829,470.94
Flintshire £1,050,100.68
Gwynedd £947,502.90
Isle of Anglesey £554,122.43
Merthyr Tydfil £621,210.49
Monmouthshire £565,678.82
Neath Port Talbot £1,353,782.74
Newport £1,334,769.13
Pembrokeshire £931,116.66
Powys £878,164.99
Rhondda Cynon Taf £2,267,359.49
Swansea £2,146,289.83
Torfaen £955,703.72
Vale of Glamorgan £931,125.86
Wrexham £967,337.87

Article 4(4)

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

PART 3 WEEKLY RENT LIMITS FOR PURPOSES OF PART 2: AUTHORITIES IN ENGLAND

TABLE

RELEVANT YEAR 2012-13

Authority

Weekly rent limit

Adur £84.29
Arun £84.72
Ashfield £62.05
Ashford £82.46
Babergh £80.99
Barking & Dagenham £87.37
Barnet £97.35
Barnsley £67.27
Barrow in Furness £69.37
Basildon £78.78
Bassetlaw £66.19
Birmingham £75.38
Blackpool £64.42
Bolsover £72.65
Bournemouth £75.44
Brent £104.73
Brentwood £86.68
Brighton and Hove £77.16
Bristol £73.75
Broxtowe £67.72
Bury £70.32
Cambridge £92.10
Camden £109.78
Cannock Chase £68.24
Canterbury £81.36
Castle Point £82.58
Central Bedfordshire £91.71
Charnwood £67.50
Cheltenham £74.61
Cheshire West and Chester £73.50
Chesterfield £71.66
City of London £99.43
Colchester £79.94
Corby £70.95
Cornwall £65.58
Crawley £92.70
Croydon £98.50
Dacorum £96.92
Darlington £64.78
Dartford £82.15
Derby £71.51
Doncaster £66.07
Dover £78.54
Dudley £75.31
Durham £63.05
Ealing £95.70
East Devon £73.71
East Riding of Yorkshire £71.03
Eastbourne £71.33
Enfield £92.46
Epping Forest £90.15
Exeter £68.58
Fareham £82.48
Gateshead £68.91
Gloucester £72.31
Gosport £77.53
Gravesham £82.18
Great Yarmouth £67.95
Greenwich £93.09
Guildford £100.88
Hackney £92.83
Hammersmith and Fulham £105.10
Haringey £97.52
Harlow £84.51
Harrogate £74.62
Harrow £102.91
Havering £87.40
High Peak £67.33
Hillingdon £101.41
Hinckley and Bosworth £71.16
Hounslow £95.04
Ipswich £74.48
Islington £105.12
Kensington and Chelsea £116.88
Kettering £73.90
Kingston upon Hull £67.98
Kingston upon Thames £103.66
Kirklees £64.44
Lambeth £98.57
Lancaster £70.30
Leeds £67.08
Leicester £66.44
Lewes £81.95
Lewisham £87.17
Lincoln £62.22
Luton £78.85
Manchester £68.46
Mansfield £66.68
Medway £75.12
Melton £69.56
Mid Devon £72.10
Mid Suffolk £75.34
Milton Keynes £77.31
New Forest £90.49
Newark and Sherwood £71.02
Newcastle upon Tyne £68.31
Newham £87.74
North East Derbyshire £72.46
North Kesteven £70.24
North Tyneside £68.62
North Warwickshire £79.25
North West Leicestershire £71.60
Northampton £75.42
Northumberland £61.61
Norwich £72.21
Nottingham £68.48
Nuneaton and Bedworth £71.07
Oadby and Wigston £71.65
Oldham £63.26
Oxford £96.52
Poole £78.16
Portsmouth £77.37
Reading £96.29
Redbridge £96.55
Redditch £71.32
Richmondshire £71.23
Rochdale £66.54
Rotherham £67.92
Rugby £78.04
Runnymede £100.06
Salford £69.40
Sandwell £75.21
Sedgemoor £72.07
Selby £71.74
Sheffield £65.15
Shepway £76.96
Shropshire £74.61
Slough £96.19
Solihull £75.12
South Cambridgeshire £95.18
South Derbyshire £72.62
South Holland £68.05
South Kesteven £71.10
South Lakeland £80.20
South Tyneside £67.45
Southampton £77.08
Southend on Sea £79.04
Southwark £97.51
St Albans £102.55
Stevenage £89.65
Stockport £67.85
Stoke on Trent £65.13
Stroud £75.89
Sutton £96.48
Swindon £75.05
Tamworth £73.65
Tandridge £88.97
Taunton Deane £74.80
Tendring £76.34
Thanet £75.17
Thurrock £78.32
Tower Hamlets £99.43
Uttlesford £90.60
Waltham Forest £92.02
Wandsworth £113.26
Warwick £84.87
Waveney £72.00
Waverley £101.41
Wealden £77.51
Welwyn Hatfield £96.54
West Lancashire £69.46
Westminster £114.13
Wigan £70.33
Wiltshire £82.12
Winchester £91.91
Woking £95.79
Wokingham £101.42
Wolverhampton £72.27
York £72.66

Article 4(5)

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

PART 5 AMOUNTS FOR PURPOSES OF PART 4, PARAGRAPH 4: AUTHORITIES IN WALES

TABLE

RELEVANT YEAR 2012-13

Authority

(1)

Specified Amount “O”

£

(2)

Guideline rent increase

£

Caerphilly £66.46 £2.64
Cardiff £75.35 £3.63
Carmarthenshire £65.22 £3.39
Denbighshire £62.77 £3.56
Flintshire £65.47 £3.09
Isle of Anglesey £61.67 £3.03
Pembrokeshire £65.52 £3.70
Powys £67.26 £3.33
Swansea £64.79 £2.92
Vale of Glamorgan £72.24 £3.68
Wrexham £64.37 £3.52
( 1 )

1992 c.5 . Sections 140B, 140C 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, the Local Government Act 2003 (c.26) , Schedule 7, paragraph 36 and the Welfare Reform Act 2007 (c.5) , Schedule 5, paragraph 9. Section 189(1) and (4) were 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. 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.

( 2 )

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) and the Tax Credits Act 2002, Schedule 4, paragraph 3.

( 3 )

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 (c.19) , section 69(6) and the Housing Act 1996, Schedule 13, paragraph 3(4).

( 5 )

Schedule 1 was substituted by S.I. 2011/2957 .

( 6 )

Article 4(2)(c) was amended by S.I. 2007/26 .

( 7 )

Schedule 4A was inserted by S.I. 2004/646 . Relevant amending instruments are S.I. 2005/535 , 2006/559 , 2007/26 , 2007/731 , 2008/695 , 2009/2564 , 2010/2481 and 2011/2957 .

( 8 )

2008 c.17 . Section 194 was amended by S.I. 2010/844 and by section 179 of, and Schedule 17 to, the Localism Act 2011 ( 2011 c.20 ).

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Income-related Benefits (Subsidy to Authorities) Amendment Order 2013 (2013/266)

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Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
the 1998 Orderart. 1.the_1998_O_rtpD43e

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.