The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013

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

2.—(1) Schedule 3B (Broad rental market area determinations and local housing allowance determinations)(1) to the Rent Officers (Housing Benefit Functions) Order 1997(2) is amended as follows.

(2) For paragraph 2 (Local housing allowance for category of dwelling in paragraph 1)(3) substitute—

“Local housing allowance for category of dwelling in paragraph 1

2.— (1) Subject to paragraph 3 (anomalous local housing allowances)(4), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 as follows.

(2) For the broad rental market areas listed in column 1 of the table in paragraph 6 the local housing allowance is—

(a) for a category of dwelling listed in column 2 in relation to that broad rental market area, either—

(i) the rate last determined increased by 4 per cent; or

(ii) the maximum local housing allowance for that category of dwelling listed in column (2) of the table in sub-paragraph (9) where that is lower than or equal to the rate last determined increased by 4 per cent;

(b) for any category of dwelling not listed in column 2 of the table in paragraph 6 in relation to that broad rental market area, either—

(i) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); or

(ii) the rate last determined for that category of dwelling increased by 1 per cent. where that is lower than or equal to the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).

(3) For all other broad rental market areas the local housing allowance for a category of dwelling is, either—

(a) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8); or

(b) the rate last determined for that category of dwelling increased by 1 per cent. where that is lower than or equal to the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).

(4) The rent officer must compile a list of rents in ascending order of the rents which, in the rent officer’s opinion, are payable—

(a) for a dwelling let under an assured tenancy for each category of dwelling specified in paragraph 1; and

(b) in the 12 month period ending on the 30th day of the September preceding the date of the determination.

(5) In compiling the list of rents, the rent officer must—

(a) include within it the rent of an assured tenancy in relation to each category of dwelling if—

(i) the dwelling let under the assured tenancy is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined;

(ii) the dwelling is in a reasonable state of repair; and

(iii) the assured tenancy permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list is being compiled;

(b) include within it any rents which are of the same amount;

(c) where rent is payable other than weekly, use the figure which would be payable if the rent were to be payable weekly by—

(i) multiplying the rent by an appropriate figure to obtain the rent for a year;

(ii) dividing the total in (i) by 365; and

(iii) multiplying the total in (ii) by 7;

(d) assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(e) exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit.

(6) Sub-paragraph (7) applies where the rent officer is not satisfied that the list of rents in respect of any category of dwelling would contain sufficient rents, payable in the 12 month period ending on the 30th day of the September preceding the date of the determination for dwellings in the broad rental market area, to enable a local housing allowance to be determined which is representative of the rents that a landlord might reasonably be expected to obtain in that area.

(7) In a case where this sub-paragraph applies the rent officer may add to the list rents for dwellings in the same category in other areas in which a comparable market exists.

(8) The rent officer must use the list of rents to determine the rent at the 30th percentile in the list (“R”) by—

(a) where the number of rents on the list is a multiple of 10, applying the formula—

Where—

(i)

P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and

(ii)

P1 is the following position on the list;

(b) where the number of rents on the list is not a multiple of 10, applying the formula—

Where—

• P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.

(9) The maximum local housing allowance for each category of dwelling specified in the paragraph of this Schedule listed in column (1) is the amount specified for that category of dwelling in column (2).

(1) Paragraph of this Schedule defining the category of dwelling	(2) Maximum local housing allowance for that category of dwelling
paragraph 1(1)(a) (one bedroom, shared accommodation)	£258.06
paragraph 1(1)(b) (one bedroom, exclusive use)	£258.06
paragraph 1(1)(c) (two bedrooms)	£299.34
paragraph 1(1)(d) (three bedrooms)	£350.95
paragraph 1(1)(e) (four bedrooms)	£412.89

(10) Where the local housing allowance would otherwise not be a whole number of pence, it must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.”.

(3) After paragraph 5 insert—

“6.   The table referred to in paragraph 2(2) of this Schedule is below.

(1) Broad rental market area	(2) Paragraph of this Schedule defining the category of dwelling
Ashford	paragraph 1(1)(a) (one bedroom, shared accommodation)
Aylesbury	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(d) (three bedrooms)
Barnsley	paragraph 1(1)(b) (one bedroom, exclusive use)
Bath	paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms)
Bedford	paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(e) (four bedrooms)
Blackwater Valley	paragraph 1(1)(a) (one bedroom, shared accommodation)
Blaenau Gwent	paragraph 1(1)(a) (one bedroom, shared accommodation)
Bolton and Bury	paragraph 1(1)(a) (one bedroom, shared accommodation)
Brecon and Radnor	paragraph 1(1)(d) (three bedrooms)
Bridgend	paragraph 1(1)(a) (one bedroom, shared accommodation)
Brighton and Hove	paragraph 1(1)(d) (three bedrooms)
Bristol	paragraph 1(1)(e) (four bedrooms)
Caerphilly	paragraph 1(1)(e) (four bedrooms)
Cambridge	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(d) (three bedrooms) paragraph 1(1)(e) (four bedrooms)
Canterbury	paragraph 1(1)(e) (four bedrooms)
Central Lancs	paragraph 1(1)(a) (one bedroom, shared accommodation)
Central London	paragraph 1(1)(a) (one bedroom, shared accommodation)
Ceredigion	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use)
Cheltenham	paragraph 1(1)(a) (one bedroom, shared accommodation)
Cherwell Valley	paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(e) (four bedrooms)
Chesterfield	paragraph 1(1)(a) (one bedroom, shared accommodation)
Chichester	paragraph 1(1)(a) (one bedroom, shared accommodation)
Coventry	paragraph 1(1)(c) (two bedrooms)
Crawley & Reigate	paragraph 1(1)(e) (four bedrooms)
Derby	paragraph 1(1)(a) (one bedroom, shared accommodation)
Durham	paragraph 1(1)(a) (one bedroom, shared accommodation)
East Cheshire	paragraph 1(1)(e) (four bedrooms)
East Thames Valley	paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms)
Exeter	paragraph 1(1)(a) (one bedroom, shared accommodation)
Gloucester	paragraph 1(1)(a) (one bedroom, shared accommodation)
High Weald	paragraph 1(1)(d) (three bedrooms)
Hull & East Riding	paragraph 1(1)(a) (one bedroom, shared accommodation)
Inner East London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use)
Inner North London	paragraph 1(1)(a) (one bedroom, shared accommodation)
Inner South East London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms) paragraph 1(1)(e) (four bedrooms)
Inner South West London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms)
Inner West London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms)
Lancaster	paragraph 1(1)(a) (one bedroom, shared accommodation)
Leeds	paragraph 1(1)(a) (one bedroom, shared accommodation)
Luton	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms)
Maidstone	paragraph 1(1)(a) (one bedroom, shared accommodation)
Mendip	paragraph 1(1)(e) (four bedrooms)
Merthyr Cynon	paragraph 1(1)(a) (one bedroom, shared accommodation)
Mid & East Devon	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use)
Mid & West Dorset	paragraph 1(1)(a) (one bedroom, shared accommodation)
Mid Staffs	paragraph 1(1)(a) (one bedroom, shared accommodation)
Neath Port Talbot	paragraph 1(1)(a) (one bedroom, shared accommodation)
Newbury	paragraph 1(1)(a) (one bedroom, shared accommodation)
North Cornwall & Devon Borders	paragraph 1(1)(a) (one bedroom, shared accommodation)
North Nottingham	paragraph 1(1)(b) (one bedroom, exclusive use)
North West Kent	paragraph 1(1)(a) (one bedroom, shared accommodation)
North West London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms) paragraph 1(1)(e) (four bedrooms)
North West Wales	paragraph 1(1)(e) (four bedrooms)
Northampton	paragraph 1(1)(a) (one bedroom, shared accommodation)
Outer East London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms) paragraph 1(1)(e) (four bedrooms)
Outer North London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(e) (four bedrooms)
Outer South London	paragraph 1(1)(d) (three bedrooms) paragraph 1(1)(e) (four bedrooms)
Outer South West London	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(c) (two bedrooms) paragraph 1(1)(d) (three bedrooms) paragraph 1(1)(e) (four bedrooms)
Oxford	paragraph 1(1)(d) (three bedrooms)
Rotherham	paragraph 1(1)(c) (two bedrooms)
Scarborough	paragraph 1(1)(a) (one bedroom, shared accommodation)
Sheffield	paragraph 1(1)(a) (one bedroom, shared accommodation)
South Cheshire	paragraph 1(1)(b) (one bedroom, exclusive use) paragraph 1(1)(c) (two bedrooms)
South East Herts	paragraph 1(1)(b) (one bedroom, exclusive use)
South Gwynedd	paragraph 1(1)(a) (one bedroom, shared accommodation)
Southampton	paragraph 1(1)(a) (one bedroom, shared accommodation)
Southern Greater Manchester	paragraph 1(1)(d) (three bedrooms)
Staffordshire North	paragraph 1(1)(a) (one bedroom, shared accommodation)
Taff Rhondda	paragraph 1(1)(a) (one bedroom, shared accommodation)
Thanet	paragraph 1(1)(a) (one bedroom, shared accommodation)
Walton	paragraph 1(1)(a) (one bedroom, shared accommodation) paragraph 1(1)(e) (four bedrooms)
Warwickshire South	paragraph 1(1)(d) (three bedrooms)
West Wiltshire	paragraph 1(1)(e) (four bedrooms)
Wolds and Coast	paragraph 1(1)(a) (one bedroom, shared accommodation)
Worcester North	paragraph 1(1)(a) (one bedroom, shared accommodation)
Worcester South	paragraph 1(1)(a) (one bedroom, shared accommodation)
Yeovil	paragraph 1(1)(a) (one bedroom, shared accommodation)”.

(1)

Schedule 3B was inserted by S.I. 2007/2871.

(2)

S.I. 1997/1984.

(3)

Paragraph 2 was inserted by S.I. 2007/2871 and amended by S.I. 2008/3156, S.I. 2009/2459, S.I. 2010/2836, S.I. 2012/646 and S.I. 2013/1544.

(4)

Paragraph 3 was inserted by S.I. 2007/2871 and amended by S.I. 2010/2836.