Housing Act 1996 (c. 52)

(The document as of February, 2008)

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4 After section 140 of the [1992 c. 5.] Social Security Administration Act 1992 insert--

" Subsidy

140A Subsidy

(1) For each year the Secretary of State shall pay a subsidy to each authority administering housing benefit or council tax benefit.

(2) He shall pay--

(a) rent rebate subsidy to each housing authority;

(b) rent allowance subsidy to each local authority; and

(3) In the following provisions of this Part "subsidy", without more, refers to subsidy of any of those descriptions.

140B Calculation of amount of subsidy

(1) The amount of subsidy to be paid to an authority shall be calculated in the manner specified by order made by the Secretary of State.

(2) Subject as follows, the amount of subsidy shall be calculated by reference to the amount of relevant benefit paid by the authority during the year, with any additions specified in the order but subject to any deductions so specified.

In the case of a housing authority in England and Wales, any Housing Revenue Account rebates paid by them shall be excluded from the total.

(3) The order may provide that the amount of subsidy in respect of any matter shall be a fixed sum or shall be nil.

(4) The Secretary of State may deduct from the amount which would otherwise be payable by way of subsidy such amount as he considers it unreasonable to pay by way of subsidy.

(5) The Secretary of State may pay to an authority as part of the subsidy an additional amount in respect of the costs of administering the relevant benefit.

Any such additional amount shall be a fixed sum specified by, or shall be calculated in the manner specified by, an order made by the Secretary of State.

(6) In this section "relevant benefit" means housing benefit or council tax benefit, as the case may be.

(7) Nothing in this section shall be taken to imply that any such addition or deduction as is mentioned in subsection (2) or (4) above may not be determined by reference to--

(a) the amount of relevant benefit paid by the authority during a previous year; or

(b) the amount of subsidy paid to the authority in respect of a previous year, under this section.

(8) The amount of subsidy payable to an authority shall be calculated to the nearest pound, disregarding an odd amount of 50 pence or less and treating an odd amount exceeding 50 pence as a whole pound.

140C Payment of subsidy

(1) Subsidy shall be paid by the Secretary of State in such instalments, at such times, in such manner and subject to such conditions as to claims, records, certificates, audit or otherwise as may be provided by order of the Secretary of State.

(2) The order may provide that if an authority has not, within such period as may be specified in the order, complied with the conditions so specified as to claims, records, certificate, audit or otherwise, the Secretary of State may estimate the amount of subsidy payable to the authority and employ for that purpose such criteria as he considers relevant.

(3) Where subsidy has been paid to an authority and it appears to the Secretary of State--

(a) that subsidy has been overpaid; or

(b) that there has been a breach of any condition specified in an order under this section,

he may recover from the authority the whole or such part of the payment as he may determine.

Without prejudice to other methods of recovery, a sum recoverable under this subsection may be recovered by withholding or reducing subsidy.

(4) An order made by the Secretary of State under this section may be made before, during or after the end of the year or years to which it relates.

140D Rent rebate subsidy: accounting provisions

(1) Rent rebate subsidy is payable--

(a) in the case of a local authority in England and Wales, for the credit of a revenue account of theirs other than their Housing Revenue Account or Housing Repairs Account;

(b) in the case of a local authority in Scotland, for the credit of their rent rebate account;

(c) in the case of a development corporation in England and Wales or the Development Board for Rural Wales, for the credit of their housing account; and

(d) in the case of a new town corporation in Scotland or Scottish Homes, for the credit of the account to which rent rebates granted by them, or it, are debited.

(2) Every local housing authority in England and Wales shall for each year carry to the credit of their Housing Revenue Account from some other revenue account of theirs which is not a Housing Repairs Account an amount equal to the aggregate of--

(a) so much of each Housing Revenue Account rebate paid by them during the year as was paid--

(i) in the exercise of a discretion conferred by the housing benefit scheme; or

(ii) in pursuance of any modification of that scheme under section 134(8)(b) above; and

(b) unless the authority otherwise determine, so much of each such rebate as was paid in pursuance of such modifications of that scheme as are mentioned in section 134(8)(a) above.

Supplementary provisions

140E Financing of joint arrangements

(1) Where two or more authorities make arrangements for the discharge of any of their functions relating to housing benefit or council tax benefit--

(a) by one authority on behalf of itself and one or more other authorities; or

(b) by a joint committee,

the Secretary of State may make such payments as he thinks fit to the authority or committee in respect of their expenses in carrying out those functions.

(2) The provisions of sections 140B and 140C (subsidy: calculation and supplementary provisions) apply in relation to a payment under this section as in relation to a payment of subsidy.

(3) The Secretary of State may (without prejudice to the generality of his powers in relation to the amount of subsidy) take into account the fact that an amount has been paid under this section in respect of expenses which would otherwise have been met in whole or in part by the participating authorities.

140F No requirement for annual orders

(1) Any power under this Part to make provision by order for or in relation to a year does not require the making of a new order each year.

(2) Any order made under the power may be revoked or varied at any time, whether before, during or after the year to which it relates.

140G Interpretation: Part VIII

In this Part, unless the context otherwise requires--

"Housing Repairs Account" means an account kept under section 77 of the [1989 c. 42.] Local Government and Housing Act 1989;
"Housing Revenue Account" means the account kept under section 74 of the Local Government and Housing Act 1989, and--
(a)
references to property within that account have the same meaning as in Part VI of that Act, and
(b)
"Housing Revenue Account rebate" means a rebate debited to that account in accordance with that Part;
"rent rebate subsidy" and "rent allowance subsidy" shall be construed in accordance with section 134 above;
"year" means a financial year within the meaning of the [1992 c. 14.] Local Government Finance Act 1992. "

Transitional provision

5 (1) The Secretary of State may by order make such transitional provision, and such consequential provision and savings, as appear to him appropriate in connection with the coming into force of the provisions of this Schedule.

(2) Without prejudice to the generality of that power, the order may provide for the recovery by the withholding or reduction of subsidy payable under the provisions inserted by paragraph 4 above of any amount which would have been recoverable under the provisions of Part VIII of the [1992 c. 5.] Social Security Administration Act 1992 repealed by this Act.

(3) Section 189(3) to (7) of the Social Security Administration Act 1992 (general provisions as to regulations and orders) apply in relation to the power conferred by sub-paragraph (1) as they apply in relation to a power conferred by that Act to make an order.

(4) A statutory instrument containing an order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Section 123.

SCHEDULE 13 Housing benefit and related matters: consequential amendments

Rent Act 1977 (c. 42)

1 In section 63(7) of the Rent Act 1977 (expenditure on rent officers to be met by Secretary of State), in paragraph (a), for "or an order under section 121 of the Housing Act 1988" substitute "or an order under section 122 of the Housing Act 1996".

Housing Act 1985 (c. 68)

2 In section 425(2)(b) of the Housing Act 1985 (housing subsidy: local contribution differential), for "section 135" substitute "section 140A".

Social Security Administration Act 1992 (c. 5)

3 (1) The Social Security Administration Act 1992 is amended as follows.

(2) In section 5(3) (regulations about benefit: information required by a rent officer), for "section 121 of the Housing Act 1988" substitute "section 122 of the Housing Act 1996".

(3) In section 116(4) (legal proceedings for offences: definition of "appropriate authority")--

(a) omit paragraph (a);

(b) in paragraph (b), for "that subsection" substitute "section 134 below"; and

(4) In section 176 (consultation with representative organisations), in subsection (1)(b) for "section 134(12), 135, 139 or 140 above" substitute "any provision of Part VIII above".

(5) In section 189(8) (requirement for consent of the Treasury), for "135, 140" substitute "140B, 140C".

(6) In section 191 (interpretation: general)--

(a) at the appropriate place insert--

" "council tax benefit scheme" shall be construed in accordance with section 139(1) above; " ;

(b) in the definition of "rate rebate", "rent rebate" and "rent allowance", omit the reference to rate rebate;

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

4 In section 135(8) of the Leasehold Reform, Housing and Urban Development Act 1993 (programmes for disposals of dwelling-houses by local authorities), for "section 135(1) of the Social Security Administration Act 1992 (housing benefit finance)" substitute "section 140A of the Social Security Administration Act 1992 (subsidy)".

Section 141(1).

SCHEDULE 14 Introductory tenancies: consequential amendments

Housing Act 1985 (c. 68)

1 In section 88(1) of the Housing Act 1985 (cases where the secure tenant is a successor) after paragraph (e) insert " or

(f) the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy. "

2 In section 104(2) of the Housing Act 1985 (provision of information about secure tenancies) for the words "on the grant of the tenancy" substitute "when the secure tenancy arises".

3 After section 115 of the Housing Act 1985 insert--

" 115A Meaning of "introductory tenancy"

In this Part "introductory tenancy" has the same meaning as in Chapter I of Part V of the Housing Act 1996. "

4 In section 117 of the Housing Act 1985 (index of defined expressions: Part IV) insert at the appropriate place--

" introductory tenancy

section 115A "

5 In Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies) after paragraph 1 insert--

" Introductory tenancies

1A A tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy--

(a) by virtue of section 133(3) of the Housing Act 1996 (disposal on death to non-qualifying person), or

(b) by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home. "

Section 155(6).

SCHEDULE 15 Arrest for anti-social behaviour: powers of High Court and county court to remand

Introductory

1 (1) The provisions of this Schedule apply where the court has power to remand a person under section 155(2) or (5) (arrest for breach of injunction, &c.).

(2) In this Schedule "the court" means the High Court or a county court and includes--

(a) in relation to the High Court, a judge of that court, and

(b) in relation to a county court, a judge or district judge of that court.

Remand in custody or on bail

2 (1) The court may--

(a) remand him in custody, that is, commit him to custody to be brought before the court at the end of the period of remand or at such earlier time as the court may require, or

(b) remand him on bail, in accordance with the following provisions.

(2) The court may remand him on bail--

(a) by taking from him a recognizance, with or without sureties, conditioned as provided in paragraph 3, or

(b) by fixing the amount of the recognizances with a view to their being taken subsequently, and in the meantime committing him to custody as mentioned in sub-paragraph (1)(a).

(3) Where a person is brought before the court after remand, the court may further remand him.

3 (1) Where a person is remanded on bail, the court may direct that his recognizance be conditioned for his appearance--

(a) before that court at the end of the period of remand, or

(b) at every time and place to which during the course of the proceedings the hearing may from time to time be adjourned.

(2) Where a recognizance is conditioned for a person's appearance as mentioned in sub-paragraph (1)(b), the fixing of any time for him next to appear shall be deemed to be a remand.

(3) Nothing in this paragraph affects the power of the court at any subsequent hearing to remand him afresh.

4 (1) The court shall not remand a person for a period exceeding 8 clear days, except that--

(a) if the court remands him on bail, it may remand him for a longer period if he and the other party consent, and

(b) if the court adjourns a case under section 156(1) (remand for medical examination and report), the court may remand him for the period of the adjournment.

(2) Where the court has power to remand a person in custody it may, if the remand is for a period not exceeding 3 clear days, commit him to the custody of a constable.

Further remand

5 (1) If the court is satisfied that a person who has been remanded is unable by reason of illness or accident to appear or be brought before the court at the expiration of the period for which he was remanded, the court may, in his absence, remand him for a further time.

This power may, in the case of a person who was remanded on bail, be exercised by enlarging his recognizance and those of any sureties for him to a later time.

(2) Where a person remanded on bail is bound to appear before the court at any time and the court has no power to remand him under sub-paragraph (1), the court may in his absence enlarge his recognizance and those of any sureties for him to a later time.

The enlargement of his recognizance shall be deemed to be a further remand.

(3) Paragraph 4(1) (limit of period of remand) does not apply to the exercise of the powers conferred by this paragraph.

Postponement of taking of recognizance

6 Where under paragraph 2(2)(b) the court fixes the amount in which the principal and his sureties, if any, are to be bound, the recognizance may afterwards be taken by such person as may be prescribed by rules of court, with the same consequences as if it had been entered into before the court.

Section 173.

SCHEDULE 16 Allocation of housing accommodation: consequential amendments

Housing Act 1985 (c. 68)

1 In section 106 of the Housing Act 1985 (information about allocation of secure tenancies) at the end insert--

" (6) The provisions of this section do not apply to a landlord authority which is a local housing authority so far as they impose requirements corresponding to those to which such an authority is subject under sections 166 and 168 of the Housing Act 1996 (provision of information about housing registers and allocation schemes). "

2 (1) Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies) is amended as follows.

(2) In paragraph 2 (premises occupied in connection with employment) at the beginning of sub-paragraph (1), (2) and (3) insert in each case "Subject to sub-paragraph (4B)".

(3) In sub-paragraph (4) of that paragraph--

(a) at the beginning insert "Subject to sub-paragraph (4A) and (4B)", and

(b) omit the words from "until" to the end.

(4) After sub-paragraph (4) of that paragraph insert--

" (4A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (4) shall become a secure tenancy when the periods during which the conditions mentioned in sub-paragraph (1), (2) or (3) are not satisfied with respect to the tenancy amount in aggregate to more than three years.

(4B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1), (2), (3) or (4) shall become a secure tenancy if the authority notify the tenant that the tenancy is to be regarded as a secure tenancy. "

(5) In paragraph 5 (temporary accommodation for persons taking up employment) in sub-paragraph (1)--

(a) for the words from the beginning to first "grant" substitute "Subject to sub-paragraphs (1A) and (1B), a tenancy is not a secure tenancy", and

(b) omit from "unless" to the end.

(6) After sub-paragraph (1) of that paragraph insert

" (1A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of one year from the grant or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(1B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy. "

(7) In paragraph 10 (student lettings) in sub-paragraph (1)--

(a) for the words from the beginning to "sub-paragraph (3)" substitute "Subject to sub-paragraphs (2A) and (2B), a tenancy of a dwelling-house is not a secure tenancy", and

(b) omit from "unless" to the end.

(8) After sub-paragraph (2) of that paragraph insert--

" (2A) Except where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy on the expiry of the period specified in sub-paragraph (3) or on earlier notification by the landlord to the tenant that the tenancy is to be regarded as a secure tenancy.

(2B) Where the landlord is a local housing authority, a tenancy under sub-paragraph (1) shall become a secure tenancy if at any time the authority notify the tenant that the tenancy is to be regarded as a secure tenancy. "

(9) In sub-paragraph (3) of that paragraph for the words "sub-paragraph (1)" substitute "sub-paragraph (2A)".

Asylum and Immigration Act 1996 (c. 49)

3 (1) Section 9 of the Asylum and Immigration Act 1996 (entitlement to housing accommodation and assistance) is amended as follows.

(2) In subsection (1) (entitlement to housing accommodation)--

(a) for "housing authority" substitute "local housing authority within the meaning of the Housing Act 1985", and

(b) for "the accommodation Part" substitute "Part II of that Act".

(3) After subsection (4) insert--

" (5) This section does not apply in relation to any allocation of housing accommodation to which Part VI of the Housing Act 1996 (allocation of housing accommodation) applies. "

Section 216(3).

SCHEDULE 17 Homelessness: consequential amendments

Local Authority Social Services Act 1970 (c. 42)

1 In Schedule 1 to the Local Authority Social Services Act 1970 (enactments conferring functions assigned to Social Services Committee) for the entry relating to the Housing Act 1985 substitute--

" Housing Act 1996 Section 213(1)(b)

Co-operation in relation to homeless persons and persons threatened with homelessness. "

Greater London Council (General Powers) Act 1984 (c.xxvii)

2 In section 39 of the Greater London Council (General Powers) Act 1984 (occupants removed from buildings to have priority housing need) for "Part III of the Housing Act 1985 (housing the homeless)" substitute "Part VII of the Housing Act 1996 (homelessness)".

Housing Act 1985 (c. 68)

3 In Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies), for paragraph 4 (accommodation for homeless persons) substitute--

" Accommodation for homeless persons

4 A tenancy granted in pursuance of any function under Part VII of the Housing Act 1996 (homelessness) is not a secure tenancy unless the local housing authority concerned have notified the tenant that the tenancy is to be regarded as a secure tenancy. "

Housing (Scotland) Act 1987 (c. 26)

4 In section 42 of the Housing (Scotland) Act 1987 (application of Part II to cases arising in England and Wales: request for co-operation)--

(a) in subsection (1) for "section 67(1) of the Housing Act 1985" substitute "section 198(1) of the Housing Act 1996"; and

(b) in subsections (2) and (3) for "section 72 of the Housing Act 1985" substitute "section 213 of the Housing Act 1996".

Section 222.

SCHEDULE 18 Miscellaneous provisions

Part I Housing management

Repeal of Part IV of the Housing Act 1988

1 Part IV of the [1988 c. 50.] Housing Act 1988 (change of landlord: secure tenants) is hereby repealed.

Payments to encourage local housing authority tenants to move to other accommodation

2 (1) A local housing authority may make payments to or for the benefit of a tenant or licensee of a dwelling-house within its Housing Revenue Account with a view to assisting or encouraging that person to move to qualifying accommodation.

(2) In sub-paragraph (1) "qualifying accommodation" means a dwelling-house made available to the person concerned as tenant or licensee by any of the following--

(a) the local housing authority making the grant or any other local housing authority; or

(b) a registered social landlord.

(3) The reference in sub-paragraph (1) to a dwelling-house being within the Housing Revenue Account of a local housing authority is to a dwelling-house to which section 74(1) of the [1989 c. 42.] Local Government and Housing Act 1989 for the time being applies.

(4) In this paragraph--

"dwelling-house" has the meaning given by section 112 of the [1985 c. 68.] Housing Act 1985; and
"tenant" does not include a tenant under a long tenancy as defined in section 115 of that Act.

Consultation with respect to housing management

3 (1) Part II of the Housing Act 1985 (provision of housing accommodation) is amended as follows.

(2) After section 27B insert--

" Consultation with respect to housing management

27BA Consultation with respect to management

(1) The Secretary of State may make regulations for imposing requirements on a local housing authority to consult tenants, or to consider representations made to them by tenants, with respect to the exercise of their management functions (including proposals as to the exercise of those functions), in relation to any of the authority's houses or other land held for a related purpose.

(2) The regulations may include provision requiring a local housing authority to consult tenants, or consider representations made by tenants, with respect to--

(a) the terms of a written specification to be prepared by the authority of functions proposed to be exercised by the authority or another person;

(b) a proposal of the authority to exercise management functions themselves;

(d) the standards of service for the time being achieved by the authority or (as the case may be) the person with whom they have entered into a management agreement;

(e) a proposal to enforce the standards of service required by a management agreement.

(3) The requirements imposed on a local housing authority by the regulations may include provision with respect to--

(a) the tenants to be consulted or whose representations are to be considered;

(b) the means by which consultation is to be effected (including the arrangements to be made for tenants to consider the matters on which they have been consulted);

(d) the action to be taken by the authority where representations are made.

(4) The regulations may include provision requiring a local housing authority to consult representatives of tenants, or to consider representations made to them by such representatives, as well as (or instead of) the tenants themselves; and accordingly, references in subsections (1) to (3) above to tenants include references to such representatives.

(5) The regulations may include provision for particular questions arising under them to be determined by a local housing authority on whom they impose requirements.

(6) Nothing in subsections (2) to (5) above shall be taken as prejudicing the generality of subsection (1).

(7) Regulations under this section--

(a) may make different provision with respect to different cases or descriptions of case, including different provision for different areas,

(b) may contain such incidental, supplementary or transitional provisions as appear to the Secretary of State to be necessary or expedient, and

(c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(8) Except as otherwise provided by the regulations, in the case of secure tenants, the provisions of the regulations shall apply in place of the provisions of section 105 (consultation on matters of housing management).

(9) Except as otherwise provided by the regulations, in the case of introductory tenants, the provisions of the regulations shall apply in place of the provisions of section 137 of the Housing Act 1996 (consultation on matters of housing management).

(10) References in this section to the management functions of a local housing authority in relation to houses or land shall be construed in the same way as references to any such functions in section 27. "

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