Citation, interpretation and commencement

1.—(1) This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2009 and shall come into force on 10th March 2009.

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

(3) Article 2 shall have effect from 1st April 2007 and article 3 shall have effect from 1st April 2008.

Amendment of Part 2 of the 1998 Order

2.  In article 6(1)(a)(5) of the 1998 Order (requirement of audit) for “31st December” substitute “30th November”.

Substitution of Schedule 1 to the 1998 Order

3.  For Schedule 1 to the 1998 Order (sums to be used in the calculation of subsidy)(6) substitute the Schedule set out in the Schedule to this Order.

Article 3

SCHEDULESCHEDULE TO BE SUBSTITUTED FOR SCHEDULE 1 TO THE 1998 ORDER

Articles 12(1)(b) and17(1) and (8)

“SCHEDULE 1SUMS TO BE USED IN THE CALCULATION OF SUBSIDY

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Income-related Benefits (Subsidy to Authorities) Order 1998, (“the 1998 Order”), which provides for the calculation and payment of housing benefit and council tax benefit subsidy to local authorities in England, Wales and Scotland which administer those benefits. Sections 140C(4) and 140F(2) of the Social Security Administration Act 1992 authorise the making or varying of an Order before, during or after the year to which it relates.

Article 2 amends Part 2 of the 1998 Order, which is concerned with claims for and payment of subsidy. It amends article 6(1)(a) (requirement of audit). It changes the date by which authorities must ensure that their final subsidy claim is audited by their auditor from 31st December in each year to 30th November. This change has effect from 1st April 2007.

Article 3 substitutes Schedule 1 to the 1998 Order. It substitutes the figures to be used in the calculation of subsidy which are outlined in the Schedule to this Order, for those in Schedule 1 to the 1998 Order. This change has effect from 1st April 2008.

A full impact assessment has not been produced for this instrument as it has no impact on the private or voluntary sectors. There is no additional impact on the public sector.