Statutory Instrument 1998 No. 562

Statutory Instrument 1998 No. 562
The Income-related Benefits (Subsidy to Authorities) Order 1998 - continued

SCHEDULE 2Article 12(b)

ADJUSTMENT FOR PRIORITISATION OF CLAIMS

General and interpretation
1. - (1) The adjustment to the sum in respect of the cost of administering relevant benefits referred to in article 12(b) shall be calculated in accordance with the formula -

(A + C) - (B + D)

where

A is, in a case where an authority's total credits in accordance with paragraph 2(a) exceed that authority's total debits in accordance with paragraph 2(b), the amount by which those credits exceed those debits;

B is, in a case where an authority's total debits in accordance with paragraph 2(b) exceed that authority's total credits in accordance with paragraph 2(a), the amount by which those debits exceed those credits;

C is, in a case where an authority's total credits in accordance with paragraph 5(a) exceed that authority's total debits in accordance with paragraph 5(b), the amount by which those credits exceed those debits; and

D is, in a case where an authority's total debits in accordance with paragraph 5(b) exceed that authority's total credits in accordance with paragraph 5(a), the amount by which those debits exceed those credits.

(2) In this Schedule, "last day" has the meaning ascribed to that term, for the purposes of housing benefit, in paragraph 12 of Schedule 5A to the Housing Benefit Regulations or, for the purposes of council tax benefit, paragraph 8 of Schedule 5A to the Council Tax Benefit Regulations[60] (extended payments).

Housing benefit claims
2. In a case where a claim for housing benefit given priority under regulation 76(4) of the Housing Benefit Regulations[61] (priority for extended payments) is made to an authority and -

3. This paragraph applies where an authority determines a claim to which paragraph 2 applies within 4 weeks of the last day and also within either -

4. This paragraph applies where an authority does not determine a claim to which paragraph 2 applies within whichever is the later of -

Council tax benefit claims
5. In a case where a claim for council tax benefit given priority under regulation 66(4) of the Council Tax Benefit Regulations[62] (priority for extended payments) is made to an authority and -

6. This paragraph applies where an authority determines a claim to which paragraph 5 applies within 4 weeks of the last day and also within either -

7. This paragraph applies where an authority does not determine a claim to which paragraph 5 applies within whichever is the later of -

SCHEDULE 3Article 13(3)

CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

PART I
GENERAL INTERPRETATION
1. In this Schedule, unless the context otherwise requires -

"period overrun" means any period, in the relevant year -

(i) which follows a benefit period in that year or the previous year; and

(ii) in respect of which the authority makes a payment to a claimant after the expiration of the benefit period without making a further award under regulation 66 of the Housing Benefit Regulations[

"benefit period" has the same meaning as in regulation 66 of the Housing Benefit Regulations or regulation 57 of the Council Tax Benefit Regulations, as the case may be, save that where an authority makes an award under one of those regulations for a specified period of less than 60 benefit weeks commencing with the benefit week when that specified period began;

"overrun week" means any week forming part of a period overrun, and

"the Table" means the Table in paragraph 5(2).

PART II
DEDUCTIONS
     2. The percentage referred to in article 13(3)(a) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.

     3. The percentage referred to in article 13(3)(b) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of that Table.

     4. The percentage referred to in article 13(3)(c) for an authority shall be that percentage in column (2) of the Table, opposite the percentage calculated for that authority in column (1) of the Table.

PART III
CALCULATIONS AND TABLE
     5. - (1) In the heading to column (1) in the Table in sub-paragraph (2), "total benefit weeks" means the total of all benefit weeks and overrun weeks for all claimants in the appropriate category as described in paragraph 2, 3 or 4, as the case may be, granted benefit by the authority in the relevant year.

    (2) The Table referred to in this Schedule is as follows

(1) Overrun weeks in the relevant year as a percentage of the total benefit weeks in that year	(2) Percentage reduction for the purpose of paragraph 2, 3 or 4, as the case may be
81 to 100%	5%
61 to 80.99%	4%
41 to 60.99%	3%
21 to 40.99%	2%
5 to 20.99%	1%
less than 5%	nil per cent.

Notes:

[60] Schedule 5A was added to each of those Regulations by S.I. 1996/194 and each was amended by S.I. 1997/1790.back

[61] Paragraph (4) of regulation 76 was added by S.I. 1996/194.back

[62] Paragraph (4) of regulation 66 was added by S.I. 1996/194.back

[63] Regulation 66 was amended by S.I. 1988/1971, 1989/1322 and 1996/1510.back

[64] Regulation 57 was amended by S.I. 1996/1510.back


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Prepared 18 March 1998