SOCIAL SECURITY Citation, commencement and interpretation 1 1 This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 1998 and shall come into force on 14th December 1998. 2 In this Order, “the principal Order ” means the Income-related Benefits (Subsidy to Authorities) Order 1998 . Amendment of the definition of “interim subsidy” 2 In article 2 of the principal Order (interpretation of Parts II and IV ), in the definition of “interim subsidy”, the words “6(4), 7(2),” shall be omitted. Amendment of article 5 of the principal Order 3 For article 5 of the principal Order (requirement to keep records and provide information), there shall be substituted the following article– Requirement to keep records and provide information 5 1 The second condition is that the authority submitting a claim shall– a provide to the Secretary of State the information referred to in paragraph (2); and b keep and, where the Secretary of State requires it or it is otherwise appropriate to do so, produce records with a bearing on that claim. 2 The information referred to in this paragraph is such information as the Secretary of State requires, or as may otherwise be necessary, to satisfy him that– a the claim is full, accurate and properly calculated; and b any subsidy claimed or paid for the relevant year or for an earlier year has been properly claimed or paid in accordance with the provision of this Order or, as the case may be, the previous Orders. . Benefit savings 4 1 In Schedule 5 to the principal Order in paragraph 1(2), in the definition of “benefit savings” after the words ““benefit savings” means” there shall be inserted the words “subject to sub-paragraph (3)”. 2 After sub-paragraph (2) of paragraph 1 of Schedule 5 to the principal Order, there shall be inserted the following sub-paragraphs– 3 Where the relevant year is the year commencing on 1st April 1997, “benefit savings” means– a in relation to housing benefit, any amount which would have been paid by way of housing benefit to a claimant during a benefit week but for the investigation and intervention of one or more authorised persons, and which would, had that amount been paid as housing benefit, have been a fraudulent overpayment, within the meaning of article 18(5), or, in a case where only a proportion of that non-payment was due to that investigation and intervention, the amount shall be that proportion; b in relation to council tax benefit, any amount which would have been allowed by way of council tax benefit to a claimant during a benefit week but for the investigation and intervention of one or more authorised persons, and which would, had that amount been allowed as council tax benefit, have been fraudulent excess benefit, within the meaning of article 18(5), or, in a case where only a proportion of that non-allowance was due to that investigation and intervention, the amount shall be that proportion; and for the purposes of this provision, the meaning given to the word “intervention” in sub-paragraph (2) shall not apply. 4 Where the relevant year is the year commencing on 1st April 1998, “benefit savings” shall also include 75 per cent. of any relevant benefit which would, but for action taken by an authorised person, have been paid or allowed to a claimant during a benefit week. 5 The action taken by an authorised officer for the purposes of sub-paragraph (4) must have included– a at least 2 unannounced visits to the dwelling in respect of which the relevant benefit was paid or allowed to the claimant and must– i have taken place in what were, for the claimant, different benefit weeks; and ii have established that the claimant had ceased to occupy the dwelling as his home; or b one unannounced visit to the dwelling in respect of which the relevant benefit was paid or allowed and must have established beyond doubt on that visit that the claimant had ceased to occupy the dwelling as his home. 6 When the relevant year is the year commencing 1st April 1997, “benefit savings” shall also include 100 per cent. of any relevant benefit which would, but for action taken by an authorised person, have been paid or allowed to a claimant during a benefit week. 7 The action taken by an authorised officer for the purposes of sub-paragraph (6) is any action taken which established that the claimant was not residing in the dwelling in respect of which the relevant benefit was paid or allowed to him. . Signed by authority of the Secretary of State for Social Security. P. Hollis Parliamentary Under-Secretary of State, Department of Social Security 12th November 1998 We consent Jane Kennedy Jim Dowd Two of the Lords Commissioners of Her Majesty’s Treasury 17th November 1998