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STATUTORY INSTRUMENTS

2007 No. 26

SOCIAL SECURITY

The Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007

  Made 9th January 2007 
  Laid before Parliament 15th January 2007 
  Coming into force in accordance with article 1

The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred upon him by sections 8 and 9 of the Electronic Communications Act 2000[1] and sections 140B, 140C(1), (1A) and (4), 140F(2) and 189(1), (4), (5) and (7) of the Social Security Administration Act 1992[2].

     In accordance with section 8(3) of the Electronic Communications Act 2000 he considers that the authorisation of the use of electronic communications by this Order for any purpose is such that the extent (if any) to which records of things done for that purpose that will be available will be no less satisfactory in cases where use is made of electronic communications than in other cases.

     In accordance with section 189(8) of the Social Security Administration Act 1992 he has sought the consent of the Treasury[3].

     In accordance with section 176(1) of that Act he has consulted with organisations appearing to him to be representative of the authorities concerned[4].

Citation, commencement, effect and interpretation
     1. —(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) (Miscellaneous Amendments and Electronic Communications) Order 2007 and shall come into force on 5th February 2007.

    (2) Article 4(2) shall have effect from 1st April 2004.

    (3) Articles 2(4)(b), 3 and 4(1) shall have effect from 1st April 2005.

    (4) Article 4(3) shall have effect from 1st April 2006.

    (5) In this Order, "the principal Order" means the Income-related Benefits (Subsidy to Authorities) Order 1998[5].

Amendment of Part II of the principal Order
     2. —(1) Part II of the principal Order (claims for and payment of subsidy) shall be amended in accordance with the following paragraphs.

    (2) In article 2 (interpretation of Parts II and IV) after the definition of "claim form", insert—

    (3) After article 3 (conditions for payment of subsidy), insert—

    (4) In article 4 (requirement of claim)—

    (5) In article 5 (requirement to keep records and provide information)—

    (6) In article 6 (requirement of audit)—

Amendment of Part III of the principal Order
     3. —(1) Omit article 18(5)(a) of the principal Order (additions to subsidy).

    (2) Omit article 23(2) of the principal Order (transitional provisions in relation to rent officer determinations).

Amendment of the Schedules to the principal Order
     4. —(1) For Schedule 1 to the principal Order (sums to be used in the calculation of subsidy) substitute as Schedule 1 the Schedule set out in Schedule 1 to this Order.

    (2) In Schedule 4 to the principal Order (high rents and rent allowances)—

for "95 per cent", substitute "100 per cent".

    (3) In Schedule 4A to the principal Order (rent rebate limitation deductions (housing revenue account dwellings))—

    (4) After Schedule 4A to the principal Order insert as Schedule 6 the Schedule set out in Schedule 2 to this Order.



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


James Plaskitt
Parliamentary Under-Secretary of State, Department for Work and Pensions

8th January 2007



We consent


Claire Ward

Dave Watts
Two of the Lords Commissioners of Her Majesty's Treasury

9th January 2007



SCHEDULE 1
Article 3


SCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE PRINCIPAL ORDER







SCHEDULE 2
Articles 4(4)


SCHEDULE TO BE INSERTED AS SCHEDULE 6 TO THE PRINCIPAL ORDER





EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998 (S.I. 1998/562) ("the principal Order") which provides for subsidy to be payable by the Secretary of State to authorities administering housing benefit and council tax benefit.

Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992(c.5) authorise the making, revocation or varying of an Order before, during or after the year to which it relates. Certain amendments made by this Order shall have retrospective effect.

Article 2 amends Part II of the principal Order which is concerned with claiming and paying subsidy. A new article 3A is inserted, which authorises the Secretary of State, local authorities and auditors to use an electronic communication in connection with the claim, audit or payment of subsidy where the conditions listed in Schedule 6 of the principal Order are met. Article 2 also makes consequential amendments to other parts of Part II to clarify the audit process.

Article 3 makes a minor amendment to Part III of the principal Order.

Article 4 amends the Schedules to the principal Order. Article 4(1) substitutes the figures to be used in the calculation of subsidy which are outlined in Schedule 1 to this Order for those in Schedule 1 to the principal Order. Article 4(2) increases the subsidy paid to authorities in certain cases to 100% . Article 4(3) makes some amendments to calculation of rent rebate limitation deductions.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the cost of business, charities and voluntary bodies.

Notes:

 [1] 2000 c.7.back

[2] 1992 c.5. Sections 140B, 140C 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

[3] Section 189(8) was amended by paragraph 3(5) of Schedule 13 to the Housing Act 1996 and paragraph 3 of Schedule 4 to the Tax Credits Act 2002 (c.21).back

[4] Section 176(1) was amended by paragraph 3(4) of Schedule 14 to the Housing Act 1996.back

[5] S.I. 1998/562. Relevant amending instruments are S.I. 1998/2865, 1999/550, 2000/1091, 2000/2340, 2001/2350, 2002/1859, 2002/3116, 2003/3179, 2004/646, 2005/369, 2005/535, 2006/54 and 2006/559.back


ISBN 978 0 11 075642 4


 © Crown copyright 2007

Prepared 15 January 2007

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URL: http://www.bailii.org/uk/legis/num_reg/2007/20070026.html