The Income-related Benefits (Subsidy to Authorities) Order 1998

Article 12(1)(b)

[F1Schedule 1E+W+SSums to be used in the calculation of subsidy

Article 12(1)(c)

F2SCHEDULE 1AE+W+SAdditional amount of subsidy: Activities to reduce fraud and error

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12(1)(ba)

SCHEDULE 1ZAE+W+SAdditional amount of subsidy: Right Benefit Initiative

F3  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 12(1)(bza)

[F4SCHEDULE 1ZBE+W+SAdditional amount of subsidy: Verify Earnings and Pension Alerts Service

InterpretationE+W+S

1.  In this Schedule—

“relevant activities” means activities carried out by authorities receiving VEP alerts to administer those alerts;

“VEP alerts” means alerts given by the Secretary of State enabling authorities to identify changes in earnings and pensions so as to help prevent fraud and error relating to housing benefit.

Additional amount: relevant year beginning with 1st April 2023E+W+S

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2023 is the amount specified for that authority in the Housing Benefit Circular HB S7/2023 first published by the Department for Work and Pensions on 9th May 2023.

Use of amount paid under paragraph 2E+W+S

3.  An authority must use the additional amount received under paragraph 2 in connection with relevant activities.]

Article 12(1)(bzb)

[F5SCHEDULE 1ZCE+W+SAdditional amount of subsidy: Housing Benefit Award Accuracy Initiative

InterpretationE+W+S

1.  In this Schedule—

“HBAAI” means the Housing Benefit Award Accuracy Initiative set out in Housing Benefit Circular HB A5/2022 first published by the Department for Work and Pensions on 5th May 2022;

“relevant activities” means activities carried out by authorities in connection with administering the HBAAI.

Additional amount: relevant year beginning with 1st April 2022E+W+S

2.  The additional amount of subsidy for an authority for the relevant year beginning with 1st April 2022 is the amount (if any) specified for that authority in the following Housing Benefit Circulars published by the Department for Work and Pensions—

(a)HB S7/2022, first published on 29th April 2022;

(b)HB S10/2022, first published on 18th November 2022.

Use of amount paid under paragraph 2E+W+S

3.  An authority must use any additional amount received under paragraph 2 in connection with relevant activities.]

Article 12(b)

F6SCHEDULE 2E+W+S ADJUSTMENT FOR PRIORITISATION OF CLAIMS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Article 13(3)

F7SCHEDULE 3E+W+S CALCULATION OF DEDUCTIONS FROM SUBSIDY IN RESPECT OF PERIOD OVERRUNS

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Articles 13(1) and 16

SCHEDULE 4E+W+S HIGH RENTS AND RENT ALLOWANCES

F8PART IE+W+S REGULATED TENANCIES

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART IIE+W+S RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amountE+W+S

2.  The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with [F9paragraph 6, 7, 8 or 9] as appropriate.

Rent officers’ determinationsE+W+S

3.  Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.

4.  This Part also applies in a case where the dwelling A is in a hostel and, by virtue of [F10regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations] (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.E+W+S

5.  This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of [F11paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations] (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.E+W+S

[F126.  Except where paragraph 5 applies, this Part also applies in a case where an authority is required under [F13regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations] (requirement to refer to rent officer) to apply for a determination in relation to a dwelling, but the appropriate amount shall be nil if the authority fails to apply for that determination—E+W+S

(a) during the relevant year; or

(b) as soon as possible thereafter but before the date of the due date for the submission of the final subsidy claim for the relevant year.]

[F14 Rent officers' property-specific rent and claim-related rentE+W+S

7.  Where the rent officer either—

(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or

(b)determines a claim-related rent and the amount of eligible rent does not exceed F15... the claim-related rent F16..., less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be [F17100 per cent] of that part of the qualifying expenditure attributable to the eligible rent.]

8.—[F18(1) Where the rent officer either—E+W+S

(a)determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or

(b)determines a claim-related rent and the amount of eligible rent exceeds F19... the claim-related rent F20..., less ineligible amounts,

then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.]

(2) Where the allowance granted is the same as or is less than the excess—

(a)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(b)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.

(3) Where the allowance granted is greater than the excess the appropriate amount shall be

(a)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(b)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

together with [F21100 per cent]. of the qualifying expenditure which remains after deducting the excess.

Rent officers’ property-specific and size-related rentsE+W+S

9.—(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.

(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be [F22100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.

(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be [F22100 per cent]. of that part of the qualifying expenditure attributable to the eligible rent.

(4) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the property-specific rent less ineligible amounts—

(a)where the allowance is the same as or is less than the excess—

(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)where the allowance granted is greater than the excess the appropriate amount shall be—

(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case [F22100 per cent]. of the qualifying expenditure which remains after deducting the excess.

(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—

(a)where the allowance is the same as or is less than the excess—

(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)where the allowance granted is greater than the excess the appropriate amount shall be—

(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case [F22100 per cent]. of the qualifying expenditure which remains after deducting the excess.

[F23(6) This paragraph does not apply where a rent officer determines a claim-related rent.]

Restriction on unreasonable rents or on rent increasesE+W+S

10.  This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A) M1, (4), as in force on 1st January 1996, or 12(2) M2 of the [F24Housing Benefit (General) Regulations 1987] (restrictions on unreasonable rents or rent increases) M3, as in force on 5th October 1997.

Payments on account of rent allowanceE+W+S

F2511.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relevant dateE+W+S

12.  For the purposes of this Part—

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

(b)in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;

(c)in a case where, during the relevant year—

(i)there has been a change relating to a rent allowance within the meaning of [F26regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations]; and

(ii)by virtue of [F27regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) 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 [F28regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) 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, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—

(i)if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;

(iii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;

[F29(e)in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is—

(i)if the designated rent determination under the re-determination, substitute determination or substitute 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 designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.]

Termination dateE+W+S

13.  For the purposes of this Part “termination date" means—

(a)31st March in the relevant year; or

(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or

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

whichever is the earlier date in the relevant year.

PART IIIE+W+S RECKONABLE RENT CASES

F3014.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

15.  In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in [F31regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations], [F32100 per cent]. of the eligible rent less ineligible amounts.E+W+S

PART IVE+W+S GENERAL AND INTERPRETATION

ApportionmentE+W+S

16.  For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under [F33regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations] (rent).

InterpretationE+W+S

17.—(1) In this Schedule, unless the context otherwise requires—

• “appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under [F34paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (meal F35... charges);

• [F36“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;]

• “designated rent" means—

  (a)

  in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;

  (b)

  in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;

  (c)

  [F37in a case where a rent officer has determined a claim-related rent, that rent;]

• [F38“ineligible amounts” means—

  (a)

  in a case where the rent officer has determined a claim-related rent—

  (i)

  any amount in respect of amounts ineligible to be met by housing benefit under [F39paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);

  (ii)

  [F40where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—

  (aa)

  paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or

  (bb)

  paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;]

  (b)

  in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—

  (i)

  any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met [F41under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (payments in respect of fuel charges);

  (ii)

  any amount in respect of amounts ineligible to be met by housing benefit under [F42paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (amounts ineligible for meals);

  (iii)

  where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under [F43paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs].]

• “property-specific rent", except as provided in the definition of “property-specific rent less ineligible amounts" below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;

• “property-specific rent less ineligible amounts" has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under [F44paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (ineligible service charges for food and fuel), as the case may be (“ineligible payments"), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;

• “size-related rent" means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,

and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule [F45and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations] shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.

(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.

(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—

(a)the terms of the tenancy of a dwelling; or

(b)the size or composition of the household occupying that dwelling,

which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.

PART VE+W+S THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

F4618.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Article 20A

[F47Schedule 4AE+W+SRent Rebate Limitation Deductions (Housing Revenue Account Dwellings): Authorities in Wales

InterpretationE+W+S

1.  In this Schedule—

“HRA” means the Housing Revenue Account of the authority the amount of whose subsidy is under consideration;

“rent”, in relation to a dwelling, means the total of the payments in respect of the dwelling specified in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations, other than a payment specified in regulation 12(1)(e).

Liability to deductionE+W+S

2.—(1) This paragraph applies in relation to the relevant year if—

(a)the authority is specified in the Table in paragraph 4 for that year, and

(b)O + P is less than Q where—

“O” is the amount specified in column 1 of that Table for the authority;

“P” is the guideline rent increase specified in column 2 of that Table for the authority;

“Q” is the average weekly rent for a dwelling for the authority for the relevant year.

(2) For the purposes of determining Q in sub-paragraph (1)(b), the average weekly rent for a dwelling for the authority for the relevant year is calculated by dividing the total rent charged for all dwellings in the HRA in that year by the total number of weeks for which rent was charged for all dwellings in the HRA, disregarding any unoccupied dwelling.

Amount of deductionE+W+S

3.—(1) The amount of the deduction from subsidy referred to in article 20A(2) is to be calculated as follows—

• Step 1

  Divide the amount of rebates granted by the authority in the relevant year in respect of dwellings in the HRA by the income of the authority for that year from rent (including rent remitted by way of rebate) in respect of such dwellings.

• Step 2

  If the result of Step 1—

  (a)

  does not exceed the rebate proportion for the relevant year (see sub-paragraph (2))—

  (i)

  deduct (O + P) from Q (see paragraph 2);

  (ii)

  divide the result of paragraph (a)(i) by Q;

  (iii)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (a)(ii));

  (b)

  exceeds the rebate proportion for the relevant year—

  (i)

  deduct (O + P) from Q (see paragraph 2);

  (ii)

  divide the result of paragraph (b)(i) by Q;

  (iii)

  divide the rebate proportion (see sub-paragraph (2)) by the result of Step 1;

  (iv)

  multiply the result of paragraph (b)(ii) by the result of paragraph (b)(iii);

  (v)

  multiply the amount of the subsidy (apart from any deduction to be calculated under this Schedule) by the result of paragraph (b)(iv).

(2) The rebate proportion for the purposes of sub-paragraph (1) for the relevant year beginning with 1st April 2023 is 0.44.

Amounts for the purposes of paragraph 2E+W+S

4.  The amounts for the relevant year beginning with 1st April 2023 for the purposes of paragraph 2 are as follows—

Articles 13 and 21

[F48SCHEDULE 5E+W+S BENEFIT SAVINGS

F49  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Articles 3A

[F50SCHEDULE 6E+W+SELECTRONIC COMMUNICATIONS

PART 1E+W+SINTERPRETATION

InterpretationE+W+S

1  In this Schedule “official computer system” means a computer system maintained by or on behalf of the Secretary of State for the sending, receipt, processing or storage of any claim or return.

PART 2E+W+SELECTRONIC COMMUNICATIONS - GENERAL PROVISIONS

Conditions for the use of electronic communicationsE+W+S

2.—(1) An authority[F51, reporting accountant] or auditor must use an approved method of—

(a)electronic communication;

(b)authenticating the identity of the sender of the communication;

(c)authenticating any claim or return delivered by means of an electronic communication; and

(d)submitting to the Secretary of State any claim or return.

(2) An authority[F51, reporting accountant] or auditor must submit any claim or return by means of an electronic communication in an approved form.

(3) Where a claim or return is submitted electronically but not in accordance with the conditions specified in this paragraph, that claim or return shall be treated as not having been submitted.

(4) In this paragraph “approved” means approved by means of a direction given by the Secretary of State.

Use of intermediariesE+W+S

3  The Secretary of State may—

(a)use intermediaries in connection with the receipt, authentication or security of any claim or return delivered by means of an electronic communication; and

(b)require authorities[F52, reporting accountants] or auditors to use intermediaries in connection with those matters.

PART 3E+W+SELECTRONIC COMMUNICATION - EVIDENTIAL PROVISIONS

Effect of delivering information by means of electronic communicationE+W+S

4—(1) Any claim or return which is delivered by means of an electronic communication shall be treated as having been delivered in the approved manner or form on the day the conditions imposed—

(a)by or under this Schedule; and

(b)by or under Part II of this Order

are satisfied.

(2) The Secretary of State may, by a direction, determine that any claim or return is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) A claim or return shall not be treated as delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identify of sender or recipient of informationE+W+S

5  For the purpose of any legal proceedings, it shall be presumed that the identity of the sender or recipient, as the case may be, of any claim or return delivered by means of an electronic communication to an official computer system is the same as is recorded on that official computer system.

Proof of delivery of informationE+W+S

6—(1) For the purpose of any legal proceedings, it shall be presumed that—

(a)if the delivery of any claim or return has been recorded on an official computer system, the use of an electronic communication has resulted in the delivery of that claim or return to the Secretary of State;

(b)if the delivery of any claim or return submitted by means of an electronic communication to the Secretary of State has not been recorded on an official computer system, no delivery has been made;

(c)any claim or return submitted by means of an electronic communication has been received on the time and date recorded on an official computer system.

Proof of content of informationE+W+S

7  For the purpose of any legal proceedings, the content of any claim or return submitted by means of an electronic communication shall be presumed to be that recorded on an official computer system.]

Article 17A

[F53SCHEDULE 7E+W+SAuthorities in London

Articles 17 and 17A

[F54SCHEDULE 8E+W+SBroad rental market areas in London