Social Security Citation, commencement and interpretation 1 1 This Order may be cited as the Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 and comes into force on 26th November 2010. 2 Article 2 has effect from 1st April 2008. 3 Articles 3 and 4 have effect from 1st April 2009. 4 Articles 5 and 6 have effect from 1st April 2010. 5 In this Order, “the 1998 Order” means the Income-related Benefits (Subsidy to Authorities) Order 1998 . Amendment of Schedule 1 to the 1998 Order taking effect from 1st April 2008 2 In Schedule 1 to the 1998 Order, in the second column, substitute the figures set out in the second column of the table in Schedule 1 to this Order, in respect of the authorities listed in the first column of that table. Amendment of article 18 of the 1998 Order taking effect from 1st April 2009 3 1 Article 18 (additions to subsidy) of the 1998 Order is amended as follows. 2 In paragraph (1) for “paragraphs (8) and (9)” substitute “paragraph (8)”. 3 For paragraph (1)(e) substitute— e where, during the relevant year, it is discovered that any overpayments of relevant benefit have been made which were authority error overpayments or administrative delay overpayments, the following amounts— i where the total of the authority error overpayments and administrative delay overpayments is less than or equal to 0.48% of the total specified subsidy, 100% of the total of those overpayments; ii where the total of the authority error overpayments and administrative delay overpayments is greater than 0.48% but less than or equal to 0.54% of the total specified subsidy, 40% of the total of those overpayments; and iii where the total of the authority error overpayments and administrative delay overpayments is greater than 0.54% of the total specified subsidy, nil. . 4 In paragraph (2) after sub-paragraph (c) add— or d an administrative delay overpayment. . 5 For paragraph (5) substitute— 5 In paragraphs (1)(c) and (4A), and in article 19(1)(f), “fraudulent overpayment” means an overpayment in respect of a period falling wholly or partly after 31st March 1993 where the claimant has in respect of the overpayment— a been found guilty of an offence whether under a statute or otherwise; b made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or c agreed to pay a penalty under section 115A of the Act (penalty as an alternative to prosecution) and has not withdrawn that agreement. 5A In paragraph (5)(b) “admission after caution” means— a in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984 ; b in Scotland, an admission after a caution has been administered, such admission being duly witnessed by two persons. . 6 After paragraph (6) insert— 6ZA In paragraphs (1)(e) and (2)(d), “administrative delay overpayment” means an overpayment arising where— a an authority is notified of a change of circumstances and has sufficient information and evidence to make a revision or supersession decision on an award; b the authority does not make the decision before the next day on which the claimant’s benefit is paid or, in the case of council tax benefit, is allowed; and c the delay was not— i caused by a mistake, whether in the form of an act or omission, by an authority; or ii caused or materially contributed to by the claimant, a person acting on the claimant’s behalf, or any other person to whom payment is made. . 7 In paragraph (12) after “(6)” insert “, (6ZA)”. Substitution of Schedule 1 to the 1998 Order taking effect from 1st April 2009 4 For Schedule 1 to the 1998 Order substitute the Schedule in Schedule 2 to this Order. Amendments relating to temporary accommodation taking effect from 1st April 2010 5 1 The 1998 Order is amended as follows. 2 In article 13(1)(a) (relevant benefit) for “and 17” substitute “, 17 and 17A”. 3 In articles — a 15(7) (disproportionate rent increase); and b 15A(7) (disproportionate rent increase – Wales), for “(subsidy in respect of homeless and short lease rebate cases)” substitute “(subsidy in respect of temporary accommodation – non self-contained licensed accommodation and board and lodging accommodation) or article 17A (subsidy in respect of temporary accommodation – self-contained licensed accommodation and short lease accommodation)”. 4 In article 17 (subsidy in respect of temporary accommodation – non self-contained licensed accommodation and board and lodging accommodation) and article 17A (subsidy in respect of temporary accommodation – self-contained licensed accommodation and short lease accommodation)— a in paragraph (2)— i for “the lower” substitute “the lowest”; and ii after sub-paragraph (b) add— or c subject to paragraph (3A), £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area. ; and b after paragraph (3) insert— 3A The Secretary of State may determine in any particular case that paragraph (2)(c)— a does not apply; or b applies as if for the figure of £500 or £375 there were substituted a higher figure. . 5 After Schedule 7 (authorities in London) add the Schedule in Schedule 3 to this Order. Amendment of Schedule 4A to the 1998 Order taking effect from 1st April 2010 6 1 Schedule 4A (rent rebate limitation deductions (Housing Revenue Account dwellings)) is amended as follows. 2 In paragraph 2 (liability to deduction), for sub-paragraphs (6) and (7) substitute— 6 The RPI figure referred to in Step 3 is 1.2551. 7 The annual factor for 2010-11 is 0.1. . 3 In paragraph 3 (amount of deduction), for sub-paragraph (3) substitute— 3 The rebate proportion for each year commencing with 2010-11 is 0.761. . 4 For Part 3 (weekly rent limits for purposes of Part 2: Authorities in England) substitute Part 3 as set out in Schedule 4 to this Order. 5 For Part 5 (amounts for purposes of Part 4, paragraph 4: Authorities in Wales) substitute Part 5 as set out in Schedule 5 to this Order. Signed by authority of the Secretary of State for Work and Pensions. Freud Parliamentary Under-Secretary of State Department for Work and Pensions 6th October 2010 We consent Michael Fabricant Angela Watkinson Two of the Lords Commissioners of Her Majesty’s Treasury 11th October 2010