Legalize / United Kingdom / Public General Act

Welfare Reform and Work Act 2016

Type Public General Act

Publication 2016-03-16

Last updated 2021-03-31

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(7) The lease or other agreement contains, by virtue of this subsection, an implied term providing that, if the registered provider treats an earlier date as if it were a rent review date because of a term implied by subsection (2), (4) or (6), other provision in the lease or other agreement is to have effect accordingly.

(8) Nothing in this section prevents the registered provider and the tenant varying or excluding by agreement a term implied by virtue of this section.

(9) Section 102 of the Housing Act 1985 (variation of terms of a secure tenancy) has effect subject to subsections (2), (4), (6) and (7).

(10) In this section “rent restriction period”, in relation to a tenant of a registered provider, means the period during which the registered provider might be subject to a requirement imposed by or under section 23 or 27 or Part 1 of Schedule 2 as regards the tenant.

Rent standards

32

Sections 194(2A) and 198(3) of the Housing and Regeneration Act 2008 (the powers of the regulator to set and revise standards relating to levels of rent) are subject to sections 23 to 25, 27 and 29 and Schedule 2.

Interpretation

33

(1) In sections 23 to 32, this section and Schedule 2—

“local authority” has the same meaning as in the Housing Associations Act 1985;

“low cost home ownership accommodation” has the meaning given by section 70 of the Housing and Regeneration Act 2008;

“low cost rental accommodation” has the meaning given by section 69 of the Housing and Regeneration Act 2008;

“private registered provider” means a private registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);

“registered provider” means a registered provider of social housing (see section 80 of the Housing and Regeneration Act 2008);

“the regulator” means the Regulator of Social Housing;

“relevant year” has the meaning given by section 23;

“rent” includes payments under a licence to occupy;

“service charge” means an amount payable by the tenant of particular accommodation as part of, or in addition to, the rent, and which is payable, directly or indirectly, for services, repairs, maintenance, improvements or insurance or the landlord's costs of management;

“social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008 (see sections 68 and 72 of that Act);

“the social housing rents provisions” means sections 23 to 32, this section and Schedule 2;

“social rent rate” has the meaning given by Schedule 2;

“tenancy” includes a licence to occupy;

“tenant” includes a person who has a licence to occupy.

(2) In the social housing rents provisions, a reference to the beginning of a tenancy is a reference to the day on which, under the terms of a lease or other agreement, the tenant is entitled to possession under the tenancy, subject to subsection (3).

(3) For the purposes of the social housing rents provisions, a tenancy of particular social housing is to be regarded as having been assigned to the tenant under the following tenancy (and not as coming to an end) where—

(a) that tenancy is followed by another tenancy of that social housing and at least one person is both a tenant under the first tenancy when it comes to an end and a tenant under the following tenancy when it begins,

(b) that tenancy gives rise to another person's statutory or assured tenancy of that social housing by virtue of Part 1 of Schedule 1 to the Rent Act 1977 (statutory tenants by succession), or

(c) that tenancy gives rise to another tenancy of that social housing by virtue of paragraph 13 of Schedule 1 to the Rent Act 1977 (change of statutory tenant by agreement and with consent of landlord),

but a tenancy of particular social housing is to be regarded as coming to an end on being assigned by way of exchange (and the assignee is to be regarded as a tenant whose tenancy began at that time).

(4) References to the tenant under a tenancy of particular social housing are to be read in accordance with subsection (3).

(5) In determining the maximum amount of rent payable by a person who is a tenant of social housing for part of a relevant year, a fraction of a day during which the person is a tenant of that social housing is to be treated as a whole day during which the person is a tenant of that social housing.

(6) Regulations made by the Secretary of State may specify cases in which a reference in the social housing rent provisions to an amount of rent payable to a registered provider includes, or does not include, a reference to—

(a) an amount payable by way of service charge, or

(b) an amount payable by way of service charge that is of a description specified in the regulations.

(7) Regulations under subsection (6) may, in particular, make provision by reference to—

(a) guidance with respect to the principles upon which levels of rent should be determined issued by the Housing Corporation under section 36 of the Housing Act 1996;

(b) a standard set under section 193(1) of the Housing and Regeneration Act 2008 that includes provision under section 193(2)(c) (rules about levels of rent);

(c) a standard set under section 194(2A) of the Housing and Regeneration Act 2008 (the power of the regulator to set standards relating to levels of rent) that was published by the regulator before 8 July 2015;

(d) guidance relating to levels of rent issued by the regulator before 8 July 2015 (including guidance issued before 1 April 2012);

(e) guidance relating to levels of rent for social housing issued by the Secretary of State before 8 July 2015.

(8) Regulations under this section must be made by statutory instrument.

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Final

Power to make consequential provision

34

(1) The Secretary of State may by regulations make such amendments and revocations of subordinate legislation (whenever made) as appear to the Secretary of State to be necessary or expedient in consequence of any provision of this Act.

(2) In this section “subordinate legislation” has the same meaning as in the Interpretation Act 1978.

(3) Regulations under this section must be made by statutory instrument.

(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Extent

35

(1) The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—

(a) section 1 (full employment: reporting obligation);

(b) section 4 (children living in low-income households),

(d) section 11(2) and (6) (freeze of rates of child benefit for four tax years);

(e) section 12 and paragraph 2 of Schedule 1 (freeze of certain tax credit amounts for four tax years);

(f) section 13 (changes to child tax credit);

(g) section 34, this section, section 36 and section 37.

(2) The following provisions of this Act extend to England and Wales—

(a) section 2 (apprenticeships reporting obligation);

(b) section 3 (support for troubled families: reporting obligation);

(3) The following provisions of this Act extend to England and Wales and Scotland—

(a) sections 8, 9 and 10 (benefit cap and review of benefit cap);

(b) section 11(1), (3), (4) and (5) and paragraph 1 of Schedule 1 (freeze of certain social security benefits for four tax years);

(d) section 15 (employment and support allowance: work-related activity component);

(e) section 16 (universal credit: limited capability for work element);

(f) section 17 (universal credit: work-related requirements);

(g) sections 18 to 21 (loans for mortgage interest etc);

(h) section 22 (expenses of paying sums in respect of vehicle hire etc).

Commencement

36

(1) The following provisions of this Act come into force on the day on which it is passed—

(a) section 9(6) and (7);

(b) sections 11 and 12 and Schedule 1;

(d) section 25;

(e) paragraphs 6 and 9 of Schedule 2 and section 26, so far as relating to paragraphs 6 and 9;

(f) section 34, section 35, this section and section 37.

(2) The following provisions of this Act come into force at the end of the period of two months beginning on the day on which it is passed—

(a) section 1;

(b) section 2;

(d) sections 5, 6 and 7.

(3) Sections 8 and 9(1) to (5) come into force—

(a) for the purposes of making regulations, on the day on which this Act is passed;

(b) for remaining purposes, on such day or days as the Secretary of State may by regulations appoint.

(4) Section 13 comes into force—

(a) for the purposes of making regulations, on the day on which this Act is passed;

(b) for remaining purposes, on 6 April 2017.

(5) Sections 23, 24 and 26 to 33 and Schedule 2, so far as not brought into force by subsection (1), come into force—

(a) for the purposes of making regulations, on the day on which this Act is passed;

(b) for remaining purposes, on such day or days as the Secretary of State may by regulations appoint.

(6) The remaining provisions of this Act come into force on such day or days as the Secretary of State may by regulations appoint.

(7) Regulations under subsection (3), (5) or (6) may—

(a) appoint different days for different areas;

(b) appoint different days for different cases or purposes.

(8) Regulations under subsection (3), (5) or (6) may make such transitional or transitory provision or savings as the Secretary of State considers necessary or expedient in connection with the coming into force of the provisions to which they relate.

(9) Section 176 of the Social Security Administration Act 1992 (consultation with representative organisations) does not apply in relation to regulations under this section so far as relating to section 8 or 9.

(10) Regulations under this section must be made by statutory instrument.

Short title

37

This Act may be cited as the Welfare Reform and Work Act 2016.

SCHEDULE 1

1

“The relevant sums” for the purposes of section 11 are the sums—

(a) specified in paragraph 1 of Schedule 2 to the Income Support (General) Regulations 1987 (S.I. 1987/1967);

(b) specified in paragraph 1 of Schedule 3 to the Housing Benefit Regulations 2006 (S.I. 2006/213);

(d) specified in regulations under section 4(2) of the Jobseekers Act 1995;

(e) specified in paragraph 1 of Schedule 1 to the Jobseeker's Allowance Regulations 1996 (S.I. 1996/207);

(f) specified in regulations under section 2(1)(a) of the Welfare Reform Act 2007;

(g) specified in regulations under section 2(4)(c) of the Welfare Reform Act 2007, so far as relating to the component under section 2(3) of that Act;

(h) specified in paragraph 1 of Schedule 4 to the Employment and Support Allowance Regulations 2008 (S.I. 2008/794);

(i) specified in regulations under section 4(6)(c) of the Welfare Reform Act 2007, so far as relating to the component under section 4(5) of that Act;

(j) specified in regulations under section 9(2) of the Welfare Reform Act 2012;

(k) specified in regulations under section 10(3) of the Welfare Reform Act 2012 in respect of an amount to be included under section 10(2) of that Act (but where more than one sum is so specified, only the smaller or smallest of those sums is a “relevant sum”);

(l) specified in regulations under section 12(3) of the Welfare Reform Act 2012 in respect of needs or circumstances of a claimant prescribed by virtue of section 12(2)(a) of that Act (but not in respect of needs or circumstances prescribed by virtue of section 12(2)(b)).

2

“The relevant amounts” for the purposes of section 12 are the amounts—

(a) specified in Schedule 2 to the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005) for the basic element, the 30 hour element, the second adult element and the lone parent element;

(b) specified in regulation 7(4)(c) and (f) of the Child Tax Credit Regulations 2002 (S.I. 2002/2007).

SCHEDULE 2

PART 1 — PROVISION ABOUT LEVELS OF RENTS

1

(1) This paragraph applies in relation to a tenant of social housing in England if—

(a) the tenancy begins after the beginning of 8 July 2015, and

(b) the accommodation was social housing during the period starting with the beginning of 8 July 2015 and ending with the beginning of the tenancy.

(2) This paragraph does not apply if paragraph 3 applies.

(3) The registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of—

(a) the first relevant year, where the tenancy begins before or at the beginning of the first relevant year,

(b) the part of the relevant year falling after the beginning of the tenancy, where the tenancy begins after the beginning of the first relevant year and not at the beginning of a later relevant year,

(d) the relevant year, other than the first relevant year, at the beginning of which the tenancy begins,

is no more than would be payable if the tenant were paying rent at the higher of the social rent rate and the assumed rent rate in respect of that relevant year or that part of a relevant year.

(4) The social rent rate, in relation to the rent payable by a tenant of social housing in respect of the first or a subsequent relevant year, is the rate found by—

(a) determining what would have been the rate of formula rent for that social housing at the beginning of 8 July 2015,

(b) determining the rate of that rent when expressed by reference to a period of 12 months (if necessary), and

(c) at the beginning of each relevant year (up to and including the relevant year in question), making a 1% reduction in the rate.

(5) The assumed rent rate, in relation to the rent payable by a tenant of social housing in respect of the first or a subsequent relevant year, is the rate found by—

(a) determining the rate of the rent that—

(i) was payable at the beginning of 8 July 2015 by the person who was the tenant of that social housing, in a case where 8 July 2015 is the relevant day,

(ii) was payable at the beginning of the relevant day by the person who was the tenant of that social housing, in a case where the relevant day falls after 8 July 2015 and the person who was the tenant at the beginning of 8 July 2015 continued as tenant until at least that later time,

(iii) is likely to have been payable at the beginning of the relevant day by the person who was the tenant at the beginning of 8 July 2015 if the person's tenancy had continued until at least that later time, in a case where the relevant day falls after 8 July 2015 and the person who was the tenant at the beginning of 8 July 2015 ceased to be the tenant before that later time, or

(iv) is likely to have been payable at the beginning of the relevant day by a tenant of that social housing, in a case where there was no tenant at that time and sub-paragraph (iii) does not apply,

(b) determining the rate of that rent when expressed by reference to a period of 12 months (if necessary), and

(c) at the beginning of each relevant year (up to and including the relevant year in question), making a 1% reduction in the rate.

(6) If—

(a) the tenancy comes to an end after part of a relevant year to which sub-paragraph (3) applies has elapsed, or

(b) sub-paragraph (3)(a), (b), (c) or (d) ceases to apply in relation to the tenancy after part of the relevant year in question has elapsed,

sub-paragraph (3) has effect in relation to the part of the relevant year falling before that time with a proportionate reduction in the maximum amount of rent payable to the registered provider by the tenant.

(7) The Secretary of State may by regulations define “formula rent” and may, in particular, provide that it is a rent set in accordance with a method specified in the regulations.

(8) Regulations under sub-paragraph (7) may, in particular, make provision by reference to—

(a) the standard published in January 2015 by the regulator under section 194(2A) of the Housing and Regeneration Act 2008 (the powers of the regulator to set standards relating to levels of rent),

(b) Rent Standard Guidance published in January 2015 by the regulator, or

2

(1) This paragraph applies in relation to a tenant of social housing in England if—

(a) the tenancy begins after the beginning of 8 July 2015, and

(b) paragraph 1(1)(b) is not satisfied as regards the accommodation.

(2) This paragraph does not apply if paragraph 3 applies.

(3) If the tenancy begins before or at the beginning of the first relevant year, the registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of the first relevant year is the amount that would be payable by the tenant if the social rent rate applied during that relevant year.

(4) If the tenancy begins after the beginning of the first relevant year, the registered provider must secure that—

(a) the maximum amount of rent payable to the registered provider by the tenant in respect of the part of the relevant year falling after the tenancy begins, where the tenancy begins after part of a relevant year has elapsed,

(b) the maximum amount of rent payable to the registered provider by the tenant in respect of the following relevant year, where the tenancy begins as described in paragraph (a), or

(c) the maximum amount of rent payable to the registered provider by the tenant in respect of the relevant year, where the tenancy begins at the beginning of a relevant year,

is the amount that would be payable if the social rent rate applied during that period.

(5) If—

(a) the tenancy comes to an end after part of a relevant year to which sub-paragraph (3) or (4) applies has elapsed, or

(b) sub-paragraph (3) or (4)(a), (b) or (c) ceases to apply in relation to the tenancy after part of the relevant year in question has elapsed,

sub-paragraph (3) or (4) has effect in relation to the part of the relevant year falling before that time with a proportionate reduction in the maximum amount of rent payable to the registered provider by the tenant.

Tenancy of affordable rent housing

3

(1) This paragraph applies in relation to a tenant of social housing in England if—

(a) the tenancy begins after the beginning of 8 July 2015, and

(b) the accommodation is affordable rent housing (see paragraph 4).

(2) If the tenancy begins before or at the beginning of the first relevant year, the registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of the first relevant year is the higher of—

(a) the amount found by—

(i) determining the rate of the market rent for that social housing when the tenancy begins, and

(ii) determining the amount that is 80% of the amount that would be payable in respect of a year if that rate had applied during the year, and

(b) the amount that would be payable in respect of the first relevant year if the tenant were paying rent at the social rent rate.

(3) If the tenancy begins after the beginning of the first relevant year, the registered provider must secure that—

(a) the maximum amount of rent payable to the registered provider by the tenant in respect of the part of the relevant year falling after the tenancy begins, where the tenancy begins after part of a relevant year has elapsed, or

(b) the maximum amount of rent payable to the registered provider by the tenant in respect of the relevant year, where the tenancy begins at the beginning of a relevant year,

is the higher of the amounts described in sub-paragraph (4).

(4) The amounts referred to in sub-paragraph (3) are—

(a) the amount found by—

(i) determining the rate of the market rent for that social housing when the tenancy begins,

(ii) determining the amount that is 80% of the amount that would be payable in respect of a year if that rate had applied during the year, and

(iii) (if necessary) reducing that amount in proportion to the part of that relevant year that elapsed before the tenancy begins, and

(b) the amount that would be payable in respect of the period in question if the tenant were paying rent at the social rent rate.

(5) If the tenancy begins after the beginning of the first relevant year and not at the beginning of the second or third relevant year, the registered provider must secure that the maximum amount of rent payable to the registered provider by the tenant in respect of the relevant year following the one in which the tenancy begins is the higher of—

(a) the amount that would be found under sub-paragraph (4)(a) if sub-paragraph (4)(a)(iii) were disregarded, and

(b) the amount that would be found under sub-paragraph (4)(b) if the period in question were the whole of the relevant year in which the tenancy begins,

reduced by 1%.

(6) If—

(a) the tenancy comes to an end after part of a relevant year to which sub-paragraph (2), (3) or (5) applies has elapsed, or

(b) sub-paragraph (2), (3) or (5) ceases to apply in relation to the tenancy after part of the relevant year in question has elapsed,

sub-paragraph (2), (3) or (5) has effect in relation to the part of the relevant year falling before that time with a proportionate reduction in the maximum amount of rent payable to the registered provider by the tenant.

(7) The market rent is to be determined using a RICS valuation method.

4

(1) This paragraph has effect for the purposes of paragraph 3.

(2) Affordable rent housing is accommodation identified by regulations made by the Secretary of State as accommodation that may be let as social housing at an affordable rent.

(3) Regulations under sub-paragraph (2) may, in particular, make provision for identifying accommodation that may be let as social housing at an affordable rent by reference to an agreement or arrangement relating to the provision of social housing by a registered provider.

(4) Regulations made by virtue of sub-paragraph (3) may, for example, make provision by reference to—

(a) an agreement relating to the exercise of a power under section 5 or 19 of the Housing and Regeneration Act 2008 (powers of the Homes and Communities Agency as regards the provision of housing or other land and financial assistance);

(b) an agreement relating to the exercise of a power under section 30 or 34 of the Greater London Authority Act 1999 (general and subsidiary powers of the Greater London Authority);

(c) an agreement between a local authority and the Secretary of State under section 11(6) of the Local Government Act 2003 (agreement about capital receipts payable to the Secretary of State);

(d) an arrangement between a local authority and the Homes and Communities Agency, the Greater London Authority or the Secretary of State under which rents for social housing may be set on a particular basis.

(5) Regulations under sub-paragraph (2) may define “affordable rent” and may, in particular, provide that it is a rent set in accordance with a method specified, or of a description specified, in the regulations.

(6) The methods that may be specified in the regulations include, but are not limited to, methods that provide for a maximum level of rent when accommodation is initially let to be a certain percentage of market rent in certain cases or circumstances.

(7) A reference to an amount of market rent includes a reference to an amount payable by way of service charge.

(8) “RICS valuation method” means a method for determining market rent that complies with standards for valuation published from time to time by the Royal Institution of Chartered Surveyors.

PART 2 — EXCEPTIONS AND EXEMPTIONS

Exceptions

5

(1) Part 1 does not apply in relation to a tenant of social housing if—

(a) the accommodation is low cost home ownership accommodation;

(b) the accommodation is both low cost rental accommodation and low cost home ownership accommodation (see section 71 of the Housing and Regeneration Act 2008).

(2) Part 1 does not apply in relation to social housing of a registered provider if, where the registered provider's interest in the property that consists of or includes the social housing is subject to a mortgage—

(a) the mortgagee is in possession of the interest in the property or the part of the property that includes the social housing, in the exercise of the mortgagee's powers to enforce the mortgage,

(b) a receiver has been appointed in relation to the interest in the property or the part of the property that includes the social housing by—

(i) the mortgagee, in the exercise of the mortgagee's powers to enforce the mortgage, or

(ii) the court, in connection with enforcing the mortgage,

and that appointment is in force, or

(c) a person has been appointed by the mortgagee, in the exercise of the mortgagee's powers to enforce the mortgage (including, in the case of a floating charge which relates to the interest in the property, the power under paragraph 14 of Schedule B1 to the Insolvency Act 1986), to exercise powers that include a power to sell or otherwise dispose of the interest in the property or the part of the property that includes the social housing and that appointment is in force.

(3) If—

(a) a registered provider's interest in property that consists of or includes social housing was made subject to a mortgage, and

(b) the interest in the property, or the interest in the part that includes the social housing, is sold or otherwise disposed of after the coming into force of Part 1 by—

(i) the mortgagee, in the exercise of the mortgagee's powers to enforce the mortgage,

(ii) a receiver appointed by the mortgagee or by the court as described in sub-paragraph (2)(b), or

(iii) a person appointed by the mortgagee as described in sub-paragraph (2)(c),

Part 1 ceases to apply in relation to that social housing at the time of that sale or other disposal.

(4) In sub-paragraphs (2) and (3)—

“mortgage” includes a charge or other security;

“mortgagee” includes a person who is entitled to take steps to enforce a charge or other security.

(5) The Secretary of State may by regulations provide for Part 1 not to apply in cases prescribed by the regulations.

(6) Regulations under sub-paragraph (5) may in particular make provision about—

(a) tenants of a description prescribed by the regulations;

(b) tenancies of a description prescribed by the regulations;

(d) accommodation which satisfies conditions prescribed by the regulations, including conditions relating to the funding of its building or refurbishment;

(e) events of a description prescribed by the regulations.

(7) Regulations made by virtue of sub-paragraph (6)(a) may include provision about tenants whose income exceeds, or whose household's incomes exceed, an amount prescribed by the regulations during a period prescribed by the regulations.

(8) Regulations made by virtue of sub-paragraph (6)(e) may include provision about periods during a tenancy when the rent payable is temporarily reduced or waived.

Exemptions

6

(1) The regulator may issue a direction mentioned in sub-paragraph (2) in respect of a private registered provider if—

(a) the condition in sub-paragraph (4) or (5) is satisfied, and

(b) the Secretary of State consents.

(2) The directions are—

(a) a direction that Part 1 does not apply in relation to a private registered provider specified in the direction;

(b) a direction that Part 1 is to have effect in relation to a private registered provider specified in the direction as if a reference in Part 1 to the social rent rate were a reference to that rate increased by the percentage specified in the direction;

(c) a direction that Part 1 is to have effect in relation to a private registered provider specified in the direction as if paragraph 1(4)(c) or (5)(c)—

(i) were omitted,

(ii) required the lesser reduction specified in the direction, or

(iii) required the increase specified in the direction;

(d) a direction that Part 1 is to have effect in relation to a private registered provider specified in the direction as if—

(i) in paragraph 3(5), “reduced by 1%” were omitted,

(ii) paragraph 3(5) required the lesser reduction specified in the direction, or

(iii) paragraph 3(5) required the increase specified in the direction.

(3) The regulator may specify in a direction—

(a) the period during which it is to have effect, and

(b) the social housing in relation to which it is to have effect.

(4) The condition in this sub-paragraph is that the regulator considers that complying with Part 1 would jeopardise the financial viability of the private registered provider.

(5) The condition in this sub-paragraph is that the circumstances of the private registered provider satisfy requirements prescribed in regulations made by the Secretary of State.

(6) The regulator may publish a document about the measures that the regulator considers could be taken by a private registered provider to comply with Part 1 and to avoid jeopardising its financial viability.

(7) The Secretary of State may issue a direction mentioned in sub-paragraph (8) in respect of a local authority if the condition in sub-paragraph (10) or (11) is satisfied.

(8) The directions are—

(a) a direction that Part 1 does not apply in relation to a local authority specified in the direction;

(b) a direction that Part 1 is to have effect in relation to a local authority specified in the direction as if a reference in Part 1 to the social rent rate were a reference to that rate increased by the percentage specified in the direction;

(c) a direction that Part 1 is to have effect in relation to a local authority specified in the direction as if paragraph 1(4)(c) or (5)(c)—

(i) were omitted,

(ii) required the lesser reduction specified in the direction, or

(iii) required the increase specified in the direction;

(d) a direction that Part 1 is to have effect in relation to a local authority specified in the direction as if—

(i) in paragraph 3(5), “reduced by 1%” were omitted,

(ii) paragraph 3(5) required the lesser reduction specified in the direction, or

(iii) paragraph 3(5) required the increase specified in the direction.

(9) The Secretary of State may specify in a direction—

(a) the period during which it is to have effect, and

(b) the social housing in relation to which it is to have effect.

(10) The condition in this sub-paragraph is that the Secretary of State considers that the local authority would be unable to avoid serious financial difficulties if it were to comply with Part 1.

(11) The condition in this sub-paragraph is that the circumstances of the local authority satisfy requirements prescribed in regulations by the Secretary of State.

(12) The Secretary of State may publish a document about the measures that the Secretary of State considers could be taken by a local authority in order to comply with Part 1 and to avoid serious financial difficulties.

PART 3 — GENERAL

Regulations

7

(1) Regulations under this Schedule must be made by statutory instrument.

(2) A statutory instrument containing regulations under this Schedule is subject to annulment in pursuance of a resolution of either House of Parliament.

Guidance

8

(1) The Secretary of State may issue guidance about determining, for the purposes of paragraph 1(5)(a)(iii) or (iv), what rate of rent is likely to have been payable by a tenant of particular social housing at a particular time.

(2) Registered providers must have regard to guidance issued under sub-paragraph (1).

Interpretation

9

(1) In this Schedule “the relevant day”, in relation to social housing, means—

(a) 8 July 2015, or

(b) if the Secretary of State consents to the use of a different day (“the permitted review day”) in the case of that social housing, the permitted review day.

(2) A consent given for the purposes of sub-paragraph (1) may be a consent given for a particular case or for a description of cases.

Apprenticeships reporting obligation

Other amendments to Child Poverty Act 2010

Benefit cap

Review of benefit cap

Changes to child element of universal credit

Universal credit: limited capability for work element

Section 18: further provision

Provision about excepted cases

Extent

Transitional provision

Interpretation

Extent

Tenancy of affordable rent housing

Exceptions

Exemptions

Regulations

Guidance

Interpretation

Editorial notes

S. 3 in force at 16.5.2016 by S.I. 2016/394, reg. 5

S. 8 in force for specified purposes at Royal Assent, see s. 36(3)

S. 9(1)-(5) in force for specified purposes at Royal Assent and s. 9(6)(7) in force at Royal Assent, see s. 36(1)(a)(3)

S. 13 in force at Royal Assent for specified purposes and at 6.4.2017 otherwise, see s. 36(4)

S. 23(3)(4) in force at Royal Assent and s. 23(1)(2)(5)-(9) in force for certain purposes at Royal Assent, see s. 36(1)(c)(5)

S. 23(1)(2)(5)-(9) in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 23 excluded (1.4.2016) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 (S.I. 2016/390), regs. 1(1), 3(1)-(3) (with reg. 3(6))

S. 24 in force for specified purposes at Royal Assent, see s. 36(3)

S. 24 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 26 in force for specified purposes at Royal Assent, see s. 36(1)(e)(5)

S. 26 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 27 in force for specified purposes at Royal Assent, see. 36(5)

S. 27 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 28 in force for specified purposes at Royal Assent, see. 36(5)

S. 28 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 29 in force for specified purposes at Royal Assent, see. 36(5)

S. 29 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 30 in force for specified purposes at Royal Assent, see. 36(5)

S. 30 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 31 in force for specified purposes at Royal Assent, see. 36(5)

S. 31 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 32 in force for specified purposes at Royal Assent, see. 36(5)

S. 32 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 33 in force for specified purposes at Royal Assent, see. 36(5)

S. 33(1)(2)(3)(a)(4)-(9) in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

Sch. 2 para. 1 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 1 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

Sch. 2 para. 2 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 2 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

Sch. 2 para. 3 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 3 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

Sch. 2 para. 4 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 4 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

Sch. 2 Pt. 1 excluded (1.4.2016) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 (S.I. 2016/390), regs. 1(1), 4

Sch. 2 Pt. 1 modified (1.4.2016) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) Regulations 2016 (S.I. 2016/390), regs. 1(1), 10(1), 11, 12(1), 13 (with regs. 10(2), 12(2)) (as amended (1.3.2017) by S.I. 2017/91, regs. 1(2), 8(5) and (1.4.2017) by S.I. 2017/91, regs. 1(3), 7)

Sch. 2 para. 5 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 5 in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

Sch. 2 para. 7 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 8 in force for specified purposes at Royal Assent, see s. 36(5)

Sch. 2 para. 8(1) in force at 18.3.2016 in so far as not already in force by S.I. 2016/394, reg. 3

Sch. 2 para. 8(2) in force at 1.4.2016 in so far as not already in force by S.I. 2016/394, reg. 4

S. 22 in force at 30.5.2016 by S.I. 2016/394, reg. 6

S. 10 in force at 9.6.2016 by S.I. 2016/610, reg. 2

S. 24(5) modified (1.10.2016) by Housing and Planning Act 2016 (c. 22), ss. 88(1), 216(3); S.I. 2016/956, reg. 2(a)

S. 8 in force at 7.11.2016 in so far as not already in force by S.I. 2016/910, reg. 2(1) (with reg. 2(2)(3))

S. 9(1)-(5) in force at 7.11.2016 in so far as not already in force by S.I. 2016/910, reg. 2(1) (with reg. 2(2)(3))

S. 14(6)-(8) in force at 8.2.2017 by S.I. 2017/111, reg. 2(a)

S. 15(4)-(7) in force at 8.2.2017 by S.I. 2017/111, reg. 2(b)

S. 23 modified by S.I. 2016/390, reg. 9 (as substituted (1.4.2017) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/91), regs. 1(3), 5)

Sch. 2 Pt. 1 modified by S.I. 2016/390, regs. 11A(1), 11B (as inserted (1.4.2017) by The Social Housing Rents (Exceptions and Miscellaneous Provisions) (Amendment) Regulations 2017 (S.I. 2017/91), regs. 1(3), 6)

S. 15(1)-(3) in force at 3.4.2017 by S.I. 2017/111, reg. 3(a)

S. 16 in force at 3.4.2017 by S.I. 2017/111, reg. 3(b)

S. 17 in force at 3.4.2017 by S.I. 2017/111, reg. 3(c)

S. 18 in force at 3.4.2017 by S.I. 2017/111, reg. 3(d)

S. 19 in force at 3.4.2017 by S.I. 2017/111, reg. 3(e)

S. 21 in force at 3.4.2017 by S.I. 2017/111, reg. 3(f)

S. 14(5)(b) excluded by S.I. 2014/1230, reg. 43 (as inserted (6.4.2017) by The Social Security (Restrictions on Amounts for Children and Qualifying Young Persons) Amendment Regulations 2017 (S.I. 2017/376), regs. 1, 3(3))

S. 14(1)-(5) in force at 6.4.2017 by S.I. 2017/111, reg. 4

S. 1 repealed (3.5.2017) by Welfare Reform and Work Act 2016 (c. 7), s. 1(2)

S. 20(2)-(7)(10) in force at 27.7.2017 by S.I. 2017/802, reg. 2

S. 20(1)(8)(9)(11) in force at 6.4.2018 by S.I. 2018/438, reg. 2(1) (with reg. 2(2)(3))

Words in s. 19(8) omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 44(a) (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)

S. 2 repealed (31.3.2021) by Welfare Reform and Work Act 2016 (c. 7), s. 2(3)

Expenses of paying sums in respect of vehicle hire etc

Transitional provision

Interpretation

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Welfare Reform and Work Act 2016

Rent standards

32

Interpretation

33

Final

Power to make consequential provision

34

Extent

35

Commencement

36

Short title

37

SCHEDULE 1

1

2

SCHEDULE 2

PART 1 — PROVISION ABOUT LEVELS OF RENTS

Tenancy of existing social housing

1

Tenancy of new social housing

2

Tenancy of affordable rent housing

3

4

PART 2 — EXCEPTIONS AND EXEMPTIONS

Exceptions

5

Exemptions

6

PART 3 — GENERAL

Regulations

7

Guidance

8

Interpretation

9

Apprenticeships reporting obligation

Social Mobility Commission

Other amendments to Child Poverty Act 2010

Benefit cap

Review of benefit cap

Freeze of certain social security benefits for four tax years

Changes to child element of universal credit

Universal credit: limited capability for work element

Section 18: further provision

Provision about excepted cases

Extent

Transitional provision

Interpretation

Extent

Tenancy of existing social housing

Tenancy of new social housing

Tenancy of affordable rent housing

Exceptions

Exemptions

Regulations

Guidance

Interpretation

Editorial notes

Expenses of paying sums in respect of vehicle hire etc

Transitional provision

Interpretation