The Rent Officers (Housing Benefit Functions) Amendment Order 2007

EXPLANATORY NOTE

(This note is not part of the Order)

This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 (“the Rent Officers Order”) and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 which confer functions on rent officers in connection with housing benefit and rent allowance subsidy.

This Order, together with the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 and the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (referred to collectively in this note as “the Regulations”) and the Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 (S.I. 2007/2870), provides for the national rollout of a modified version of the local housing allowance arrangements. These are a way of determining housing costs eligible to met by housing benefit using local housing allowances determined by rent officers. The local housing allowance arrangements (“the pathfinder regime”) have operated in the areas of 18 local authorities (“pathfinder authorities”).

Article 2 applies the pathfinder regime provisions of the Rent Officers Order to all local authorities.

Article 4 amends article 4B by inserting paragraphs (1A), which requires rent officers to make broad rental market determinations for the national rollout of the local housing allowance, (2A) which requires rent officers to make local housing allowance determinations for the national rollout of the local housing allowance and (3A) which sets the date on which the determinations take effect. These provisions will come into force in advance of the national rollout of the provisions relating to the local housing allowance in the Regulations and will exist alongside the provisions relating to the pathfinder authorities. This is so that the determinations needed for the national rollout of the local housing allowance are made in advance of rollout day.

It also inserts Schedule 3B which makes provision in relation to the determination of broad rental market determinations and local housing allowance determinations for the national rollout of the provisions relating to the local housing allowance. This will exist alongside Schedule 3A which makes provision in relation to those determinations for pathfinder authorities.

It also amends the definitions of “broad rental market area”, “broad rental market area determinations” and “local housing allowance determinations” to refer to both the national rollout and existing pathfinder relating to broad rental market area determinations and local housing allowance determinations and makes consequential amendments to article 7A, which provides for the correction of errors in determinations. Article 3(2)(a) amends paragraph (1) of article 4B to ensure that rent officers will not be required to make pathfinder broad rental market area determinations in relation to non-pathfinder authorities.

Article 5 makes consequential amendments to articles 3 and 4B to reflect amendments to the Regulations.

Article 6 makes the amendments required to remove the remaining elements of the pathfinder regime, except where those elements are required for the correction of errors in relation to broad rental market area determinations, local housing allowance determinations, board and attendance determinations and board and attendance redeterminations where the original determination was made under the pathfinder regime. There is an exception where a local housing allowance determination is to be made under the pathfinder regime in cases where no local housing allowance determination exists for the relevant size of dwelling. There is a further exception which relates to board and attendance determinations, board and attendance redeterminations, substitute board and attendance determinations and substitute board and attendance redeterminations where the original determination was made, or should be made, under the pathfinder regime.

Article 7 makes amendments which are consequential upon the amendment of the Regulations relating to the provision of information to rent officers. It also amends the date on which an application for a rent officer determination under regulation 14(1) of the Regulations is treated as made where a rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance. It also makes express provision in relation to incorrect information.

Article 8 makes amendments to paragraph 7 of Part 2 of Schedule 1. The amendments will not apply to cases where the rent officer is required to make a determination under paragraphs 1, 2, 3 or 6 of Part 1 of Schedule 1 in relation to a determination applied for under regulation 14 of the Regulations as it was in force immediately before the coming into force of the amendments relating to the rollout of the local housing allowance.

Article 9 makes amendments to paragraphs 6 and 9 of Parts 1 and 3 of Schedule 1. The amendments will not apply to determinations that were made under paragraphs 1 to 5 of Part 1 of Schedule 1 in relation to a determination applied for under regulation 14 of the Regulations as it was in force immediately before the coming into force of the amendments relating to the national rollout of the local housing allowance.

Article 10 remakes amendments to the Order that were made in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 and updates references to the Housing Benefit Regulations 2006. (The main power under which these amendments were originally made will be repealed when the power used to provide for the national rollout of the local housing allowance arrangements is commenced and therefore the amendments made using that power will cease to have effect.)

Articles 11 to 19 make equivalent amendments in the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997.

A full regulatory impact assessment has not been published for this instrument as it has no direct impact on the costs of businesses, charities and the voluntary sector.