The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2024

Citation, commencement and extent

1.—(1) This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2024 and comes into force on 31st January 2024.

(2) This Order extends to England and Wales and Scotland.

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

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

(2) In paragraph 2 (local housing allowance for category of dwelling in paragraph 1)—

(a) in sub-paragraph (1)—

(i) for “paragraph”, in the first place it occurs, substitute “paragraphs”;

(ii) after “allowances)” insert “and 3A (minimum local housing allowance)”;

(b) in sub-paragraph (2)(b), in column 2 of the table—

(i) in the row relating to paragraph 1(1)(a), for “£295.49” substitute “£331.39”;

(ii) in the row relating to paragraph 1(1)(b), for “£295.49” substitute “£331.39”;

(iii) in the row relating to paragraph 1(1)(c), for “£365.92” substitute “£412.86”;

(iv) in the row relating to paragraph 1(1)(d), for “£441.86” substitute “£497.10”;

(v) in the row relating to paragraph 1(1)(e), for “£593.75” substitute “£704.22”.

(3) In paragraph 3(1) (anomalous local housing allowances)—

(a) before paragraph (a), for “Where—” substitute “Subject to paragraph 3A, where—”;

(b) in the words after paragraph (b), for “shall” substitute “is to”.

(4) After paragraph 3, insert—

“Minimum local housing allowance

3A.   Where—

(a) the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with paragraph 2 and, where relevant, paragraph 3 (anomalous local housing allowances); and

(b) the local housing allowance as so determined for a category of dwelling is lower than the local housing allowance determined for that category of dwelling on 31st March 2020,

that local housing allowance is to be the same as the local housing allowance determined for that category of dwelling on 31st March 2020.”.

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

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

(2) In paragraph 2 (local housing allowance for category of dwelling in paragraph 1)—

(a) in sub-paragraph (1)—

(i) for “paragraph”, in the first place it occurs, substitute “paragraphs”;

(ii) after “allowances)” insert “and 3A (minimum local housing allowance)”;

(b) in sub-paragraph (2)(b), in column 2 of the table—

(i) in the row relating to paragraph 1(1)(a), for “£295.49” substitute “£331.39”;

(ii) in the row relating to paragraph 1(1)(b), for “£295.49” substitute “£331.39”;

(iii) in the row relating to paragraph 1(1)(c), for “£365.92” substitute “£412.86”;

(iv) in the row relating to paragraph 1(1)(d), for “£441.86” substitute “£497.10”;

(v) in the row relating to paragraph 1(1)(e), for “£593.75” substitute “£704.22”.

(3) In paragraph 3(1) (anomalous local housing allowances)—

(a) before paragraph (a), for “Where—” substitute “Subject to paragraph 3A, where—”;

(b) in the words after paragraph (b), for “shall” substitute “is to”.

(4) After paragraph 3, insert—

“Minimum local housing allowance

3A.   Where—

(a) the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with paragraph 2 and, where relevant, paragraph 3 (anomalous local housing allowances); and

(b) the local housing allowance as so determined for a category of dwelling is lower than the local housing allowance determined for that category of dwelling on 31st March 2020,

that local housing allowance is to be the same as the local housing allowance determined for that category of dwelling on 31st March 2020.”.

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

4.—(1) Schedule 1 to the Rent Officers (Universal Credit Functions) Order 2013 (local housing allowance determinations)(3) is amended as follows.

(2) In paragraph 2 (local housing allowance for category of accommodation in paragraph 1)—

(a) in sub-paragraph (1)—

(i) for “paragraph”, in the first place it occurs, substitute “paragraphs”;

(ii) after “allowances)” insert “and 7 (minimum local housing allowance)”;

(b) in sub-paragraph (2)(b), in column 2 of the table—

(i) in the row relating to paragraph 1(a), for “£1,283.96” substitute “£1,439.97”;

(ii) in the row relating to paragraph 1(b), for “£1,283.96” substitute “£1,439.97”;

(iii) in the row relating to paragraph 1(c), for “£1,589.99” substitute “£1,793.98”;

(iv) in the row relating to paragraph 1(d), for “£1,920.00” substitute “£2,160.02”;

(v) in the row relating to paragraph 1(e), for “£2,579.98” substitute “£3,060.00”.

(3) In paragraph 5 (anomalous local housing allowances), before sub-paragraph (a), for “Where—” substitute “Subject to paragraph 7, where—”.

(4) At the end, insert—

“Minimum local housing allowance

7.   Where—

(a) the rent officer has determined the local housing allowance for each of the categories of accommodation in paragraph 1 in accordance with paragraphs 2 and 3 and, where relevant, paragraph 5 (anomalous local housing allowances); and

(b) the local housing allowance as so determined for a category of accommodation is lower than the local housing allowance determined for that category of accommodation on 31st March 2020,

that local housing allowance is to be the same as the local housing allowance determined for that category of accommodation on 31st March 2020.”.

Mel Stride

Secretary of State

8th January 2024

Department for Work and Pensions