The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016

Made: 6th December 2016

Laid before Parliament: 12th December 2016

Coming into force: 23rd January 2017

The Secretary of State makes the following Order in exercise of the powers conferred by sections 122(1) and (6) of the Housing Act 1996[^f00001].

Citation and commencement

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This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 and comes into force on 23rd January 2017.

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997

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• (1) The Rent Officers (Housing Benefit Functions) Order 1997[^f00002] is amended as follows.

• (2) In article 4B, after paragraph (1A) (broad rental market area determinations)[^f00003], insert—

(1B) The power in paragraph (1A) is not limited by paragraph 2(2A) or (2B) of Schedule 3B.

• (3) In Schedule 3B (broad rental market determinations and local housing allowance determinations)[^f00004]—

• (a) in paragraph 2 (local housing allowance determinations)—

• (i) before sub-paragraph (3) insert—

(2A) For a broad rental market area not listed in column 1 of the table in paragraph 5A, the local housing allowance for any category of dwelling is the lower of the amounts set out in sub-paragraph (3)(a) and (b). (2B) For a broad rental market area listed in column 1 of the table in paragraph 5A, the local housing allowance— (a) for a category of dwelling listed in the corresponding entry in column 2 of that table, is the lower of the amounts set out in sub-paragraph (3A)(a) and (b); (b) for a category of dwelling not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b).

• (ii) in sub-paragraph (3)—

• (aa) for the words before paragraph (a) substitute “The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—”;

• (bb) at the end of paragraph (a), for “or” substitute “and”;

• (cc) in paragraph (b), omit “, where that rent is lower than the allowance referred to in paragraph (a)”;

• (iii) after sub-paragraph (3) insert—

(3A) The amounts referred to in sub-paragraph (2B)(a) are— (a) the local housing allowance determined for that category of dwelling on 30th January 2015 (or, where the determination is amended under article 7A(4) (errors), the allowance provided for in the amended determination), plus 3%; and (b) the maximum local housing allowance listed in column 2 of the following table for the category of dwelling—

• (b) after paragraph 5 insert—

(5A) The table referred to in paragraph 2(2A) and (2B) is as follows—

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

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• (1) The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997[^f00005] is amended as follows.

• (2) In article 4B, after paragraph (1A) (broad rental market area determinations)[^f00006], insert—

(1B) The power in paragraph (1A) is not limited by paragraph 2(2A) or (2B) of Schedule 3B.

• (3) In paragraph 2 of Schedule 3B (local housing allowance determinations)[^f00007]—

• (a) before sub-paragraph (3) insert—

(2A) For all broad rental market areas other than Lothian, the local housing allowance for any category of dwelling is the lower of the amounts set out in sub-paragraph (3)(a) and (b). (2B) For the Lothian broad rental market area, the local housing allowance— (a) for the category of dwelling defined in paragraph 1(1)(b) of this Schedule (one bedroom, exclusive use), is the lower of the amounts set out in sub-paragraph (3A)(a) and (b); (b) for all other categories of dwelling, is the lower of the amounts set out in sub-paragraph (3)(a) and (b).

• (b) in sub-paragraph (3)—

• (i) for the words before paragraph (a) substitute “The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—”;

• (ii) at the end of paragraph (a), for “or” substitute “and”;

• (iii) in paragraph (b), omit “, where that rent is lower than the allowance referred to in paragraph (a)”;

• (c) after sub-paragraph (3) insert—

(3A) The amounts referred to in (2B)(a) are— (a) the local housing allowance determined for that category of dwelling on 30th January 2015 (or, where the determination is amended under article 7A(4) (errors), the allowance provided for in the amended determination), plus 3%; and (b) £260.64.

Amendment of the Rent Officers (Universal Credit Functions) Order 2013

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• (1) The Rent Officers (Universal Credit Functions) Order 2013[^f00008] is amended as follows.

• (2) In article 3, after paragraph (2) (broad rental market area determinations) insert—

(2A) The power in paragraph (2) is not limited by paragraph 2(2A) or (2B) of Schedule 1.

• (3) In Schedule 1 (local housing allowance determinations)[^f00009]—

• (a) in paragraph 2—

• (i) before sub-paragraph (3) insert—

(2A) For a broad rental market area not listed in column 1 of the table in paragraph 5A, the local housing allowance for any category of accommodation is the lower of the amounts set out in sub-paragraph (3)(a) and (b). (2B) For a broad rental market area listed in column 1 of the table in paragraph 5A, the local housing allowance— (a) for a category of accommodation listed in the corresponding entry in column 2 of that table, is the lower of the amounts set out in sub-paragraph (3A)(a) and (b); (b) for a category of accommodation not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b).

• (ii) in paragraph (3)—

• (aa) for the words before paragraph (a) substitute “The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—”;

• (bb) at the end of paragraph (a), for “or” substitute “and”;

• (cc) in paragraph (b), omit “, where that rent is lower than the allowance referred to in paragraph (a)”;

• (iii) after paragraph (3) insert—

(3A) The amounts referred to in sub-paragraph (2B)(a) are— (a) the local housing allowance determined for that category of accommodation on 30th January 2015 (or, where the determination is amended under article 6 (redeterminations), the allowance as so redetermined), plus 3%; and (b) the maximum local housing allowance listed in column 2 of the following table for the category of accommodation—

• (b) after paragraph 5 insert—

(5A) The table referred to in paragraph 2(2A) and (2B) is as follows—

• (4) In Schedule 2 (housing payment determination)—

• (a) in paragraph 3(a)(ii), for the words beginning with “or” to the end substitute “(but see paragraph 4)”;

• (b) in paragraph 4, for the words beginning with “or” to the end substitute “or one local authority area adjoining an adjoining local authority area or, if the rent officer considers it necessary, more than one such area”.

Signed

Signed by authority of the Secretary of State for Work and Pensions

Caroline Nokes — Parliamentary Under Secretary of State, — Department for Work and Pensions — 6th December 2016

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984), the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (S.I. 1997/1995) and the Rent Officers (Universal Credit Functions) Order 2013 (S.I. 2013/382) (“the Orders”) to make changes to the manner in which a local housing allowance is determined.

Articles 2, 3 and 4 amend the Orders to provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is as currently determined but with an uplift of 3%. These articles further provide that for these dwellings, there is a maximum local housing allowance.

Further, article 4 amends S.I. 2013/382 to provide that, when making a housing payment determination in respect of accommodation, a rent officer may have regard to certain local authority areas other than those adjoining the local authority area in which that accommodation is situated.

An impact assessment has not been provided for this instrument as it has no impact on business or civil society organisations.

Footnotes

[^f00001]: 1996 c.52. Section 122(1) was amended by paragraph 36 of Schedule 2 to the Welfare Reform Act 2012 (c.5).

[^f00002]: S.I. 1997/1984.

[^f00003]: Article 4B was inserted by S.I. 2003/2398 and amended by S.I. 2007/2871. There are other amending instruments but none is relevant.

[^f00004]: Schedule 3B was inserted by S.I. 2007/2871 and amended by S.I. 2013/2978, 2014/3126 and 2015/1573. There are other amending instruments but none is relevant.

[^f00005]: S.I. 1997/1995.

[^f00006]: Article 4B was inserted by S.I. 2003/2398 and amended by S.I. 2007/2871. There are other amending instruments but none is relevant.

[^f00007]: Schedule 3B was inserted by S.I. 2007/2871 and amended by S.I. 2013/2978, 2014/3126 and 2015/1573. There are other amending instruments but none is relevant.

[^f00008]: S.I. 2013/382.

[^f00009]: Schedule 1 was amended by S.I. 2013/2978, 2014/3126 and 2015/1573.