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

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

This section has no associated Explanatory Memorandum

2.—(1) The Rent Officers (Housing Benefit Functions) Order 1997(1) is amended as follows.

(2) In article 4B, after paragraph (1A) (broad rental market area determinations)(2), 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)(3)—

(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—

1. Category of dwelling as defined in the following paragraphs of this Schedule2. Maximum local housing allowance for that category of dwelling
paragraph 1(1)(a) (one bedroom, shared accommodation)£260.64
paragraph 1(1)(b) (one bedroom, exclusive use)£260.64
paragraph 1(1)(c) (two bedrooms)£302.33
paragraph 1(1)(d) (three bedrooms)£354.46
paragraph 1(1)(e) (four bedrooms)£417.02

(b)after paragraph 5 insert—

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

1. Broad rental market area2. Category of dwelling as defined in the following paragraphs of this Schedule
Aylesburyparagraph 1(1)(b) (one bedroom, exclusive use)
Aylesburyparagraph 1(1)(c) (two bedrooms)
Barrow-in-Furnessparagraph 1(1)(a) (one bedroom, shared accommodation)
Bedfordparagraph 1(1)(d) (three bedrooms)
Bolton and Buryparagraph 1(1)(a) (one bedroom, shared accommodation)
Bristolparagraph 1(1)(b) (one bedroom, exclusive use)
Bristolparagraph 1(1)(d) (three bedrooms)
Bury St. Edmundsparagraph 1(1)(a) (one bedroom, shared accommodation)
Cambridgeparagraph 1(1)(c) (two bedrooms)
Cambridgeparagraph 1(1)(e) (four bedrooms)
Central Londonparagraph 1(1)(a) (one bedroom, shared accommodation)
Central Norfolk and Norwichparagraph 1(1)(a) (one bedroom, shared accommodation)
Chilternsparagraph 1(1)(c) (two bedrooms)
Flintshireparagraph 1(1)(a) (one bedroom, shared accommodation)
Harlow and Stortfordparagraph 1(1)(a) (one bedroom, shared accommodation)
Inner North Londonparagraph 1(1)(a) (one bedroom, shared accommodation)
Kings Lynnparagraph 1(1)(a) (one bedroom, shared accommodation)
Lutonparagraph 1(1)(b) (one bedroom, exclusive use)
Lutonparagraph 1(1)(c) (two bedrooms)
Lutonparagraph 1(1)(d) (three bedrooms)
Lutonparagraph 1(1)(e) (four bedrooms)
Milton Keynesparagraph 1(1)(d) (three bedrooms)
Milton Keynesparagraph 1(1)(e) (four bedrooms)
Neath Port Talbotparagraph 1(1)(a) (one bedroom, shared accommodation)
North West Kentparagraph 1(1)(e) (four bedrooms)
North West Londonparagraph 1(1)(b) (one bedroom, exclusive use)
Outer East Londonparagraph 1(1)(a) (one bedroom, shared accommodation)
Outer East Londonparagraph 1(1)(e) (four bedrooms)
Outer South Londonparagraph 1(1)(b) (one bedroom, exclusive use)
Outer South Londonparagraph 1(1)(c) (two bedrooms)
Outer South West Londonparagraph 1(1)(a) (one bedroom, shared accommodation)
Outer West Londonparagraph 1(1)(c) (two bedrooms)
Pembrokeshireparagraph 1(1)(a) (one bedroom, shared accommodation)
Solihullparagraph 1(1)(a) (one bedroom, shared accommodation)
South West Essexparagraph 1(1)(a) (one bedroom, shared accommodation)
South West Hertsparagraph 1(1)(d) (three bedrooms)
Southendparagraph 1(1)(a) (one bedroom, shared accommodation)
Southern Greater Manchesterparagraph 1(1)(a) (one bedroom, shared accommodation)
Stevenage & North Hertsparagraph 1(1)(b) (one bedroom, exclusive use)
Stevenage & North Hertsparagraph 1(1)(d) (three bedrooms)
Stevenage & North Hertsparagraph 1(1)(e) (four bedrooms)
Sunderlandparagraph 1(1)(a) (one bedroom, shared accommodation)
Swindonparagraph 1(1)(a) (one bedroom, shared accommodation)
Swindonparagraph 1(1)(b) (one bedroom, exclusive use)
Vale of Glamorganparagraph 1(1)(a) (one bedroom, shared accommodation)
Waltonparagraph 1(1)(a) (one bedroom, shared accommodation)
Warwickshire Southparagraph 1(1)(a) (one bedroom, shared accommodation)
(2)

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.

(3)

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.

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