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The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013
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Statutory Instruments
2013 No. 2978
Housing
The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013
Made
25th November 2013
Laid before Parliament
2nd December 2013
Coming into force
13th January 2014
The Secretary of State for Work and Pensions makes the following Order in exercise of the powers conferred by section 122(1) and (6) of the Housing Act 1996(1).
Citation and commencement
1. This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013 and comes into force on 13th January 2014.
Amendment to the Rent Officers (Housing Benefit Functions) Order 1997
2.—(1) Schedule 3B (Broad rental market area determinations and local housing allowance determinations)(2) to the Rent Officers (Housing Benefit Functions) Order 1997(3) is amended as follows.
(2) For paragraph 2 (Local housing allowance for category of dwelling in paragraph 1)(4) substitute—
“Local housing allowance for category of dwelling in paragraph 1
2.—(1) Subject to paragraph 3 (anomalous local housing allowances)(5), 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)”. |
Amendment to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
3.—(1) Schedule 3B (Broad rental market area determinations and local housing allowance determinations)(6) to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(7) is amended as follows.
(2) For paragraph 2 (Local housing allowance for category of dwelling in paragraph 1)(8) substitute—
“Local housing allowance for category of dwelling in paragraph 1
2.—(1) Subject to paragraph 3 (anomalous local housing allowances)(9), 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 |
|---|---|
| Aberdeen and Shire | 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) |
| Argyll and Bute | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Fife | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Forth Valley | paragraph 1(1)(e) (four bedrooms) |
| Greater Glasgow | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Scottish Borders | paragraph 1(1)(a) (one bedroom, shared accommodation)”. |
Amendment to the Rent Officers (Universal Credit Functions) Order 2013
4.—(1) The Rent Officers (Universal Credit Functions) Order 2013(10) is amended as follows.
(2) In paragraph (6)(b) of article 3 (Broad rental market area determinations) and in paragraph (3) of article 4 (Local housing allowance determinations) for “1st April” substitute “7th April”.
(3) Schedule 1 (Local housing allowance determinations)(11) is amended as follows—
(a)For paragraph 2 (Local housing allowance for category of accommodation in paragraph 1) substitute—
“Local housing allowance for category of accommodation in paragraph 1
2.—(1) Subject to paragraph 5 (anomalous local housing allowances) the rent officer must determine a local housing allowance for each category of accommodation 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 accommodation 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 accommodation listed in column (2) of the table in paragraph 4 (Maximum local housing allowance) where that is lower than or equal to the rate last determined increased by 4 per cent;
(b)for any category of accommodation 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 paragraph 3 (Rent at the 30th percentile); or
(ii)the rate last determined for that category of accommodation increased by 1 per cent. where that is lower than or equal to the rent at the 30th percentile determined in accordance with paragraph 3.
(3) For all other broad rental market areas the local housing allowance for a category of accommodation is, either—
(a)the rent at the 30th percentile determined in accordance with paragraph 3; or
(b)the rate last determined for that category of accommodation increased by 1 per cent. where that is lower than or equal to the rent at the 30th percentile determined in accordance with paragraph 3.
(4) 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.”;
(b)in paragraph 3 (Rent at the 30th percentile)—
(i)for sub-paragraph (3) substitute—
“(3) The rent officer must compile a list of rents in ascending order of the monthly rents which, in the rent officer’s opinion, are payable—
(a)for accommodation let under an assured tenancy for each category of accommodation 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.”;
(ii)for sub-paragraph (6) substitute—
“(6) Sub-paragraph (7) applies where the rent officer is not satisfied that the list of rents in respect of any category of accommodation 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 accommodation 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.”;
(c)for paragraph 4 (Amount determined by reference to the previous local housing allowance)(12) substitute—
“Maximum local housing allowance
4. The maximum local housing allowance for each category of accommodation specified in the paragraph of this Schedule listed in column (1) is the amount specified for that category of accommodation in column (2).
(1) Paragraph of this Schedule defining the category of accommodation | (2) Maximum local housing allowance for that category of accommodation |
|---|---|
| paragraph 1(a) (one bedroom, shared accommodation) | £1121.33 |
| paragraph 1(b) (one bedroom, exclusive use) | £1121.33 |
| paragraph 1(c) (two bedrooms) | £1300.70 |
| paragraph 1(d) (three bedrooms) | £1524.96 |
| paragraph 1(e) (four bedrooms) | £1794.11”; |
(d)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 accommodation |
|---|---|
| Aberdeen and Shire | 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) |
| Argyll and Bute | paragraph 1(1)(b) (one bedroom, exclusive use) |
| 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) |
| Fife | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Forth Valley | paragraph 1(1)(e) (four bedrooms) |
| Gloucester | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Greater Glasgow | 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) |
| Scottish Borders | 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)”. |
Signed by the authority of the Secretary of State for Work and Pensions
Freud
Parliamentary Under-Secretary of State
Department for Work and Pensions
25th November 2013
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”), the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (the “Rent Officers Scotland Order”) and the Rent Officers (Universal Credit Functions) Order 2013 (the “UC Order”).
Articles 2 and 3 amend the Rent Officers Order and the Rent Officers Scotland Order respectively to provide for how the local housing allowance (“LHA”) rate will be calculated. The amendments provide that the rate will be determined differently depending on the category of dwelling for which the rate is being determined and the broad rental market area in which the dwelling is situated.
The amendments insert a table into Schedule 3B to each of the Rent Officers Order and the Rent Officers Scotland Order. If the broad rental market area is listed in column 1 of that table then the LHA rate will depend on whether a category of dwelling is listed in column 2 of the table in relation to that broad rental market area.
If the category of dwelling is listed in column 2 of the table in relation to that broad rental market area, then the LHA rate will be the lower of either:
the previous LHA rate increased by 4 per cent; or
the maximum local housing allowance for that category of dwelling.
If the category of dwelling is not listed in column 2 of the table in relation to that broad rental market area, then the LHA rate will be the lower of either:
the rent at the 30th percentile of listed rents; or
the previous LHA rate increased by 1 per cent.
For all broad rental market areas not listed in column 1 of the table, the LHA rate will be the lower of the rent at the 30th percentile of listed rents or the previous LHA rate increased by 1 per cent.
Articles 2 and 3 also amend those Orders to provide that the determinations made by the rent officers will be based on the list of market rents payable in the 12 month period ending on the 30th day of the September preceding the date of the determination. They also make consequential amendments to Schedule 3B to those Orders.
Article 4 makes similar amendments to the UC Order. It also changes the date that LHA determinations and broad rental market area determinations take effect. Those determinations will now take effect on 7th April.
A full impact assessment has not been produced for this instrument as it has no new impact on business or civil society organisations.
(1)
1996 c. 52. Section 122(1) was amended by paragraph 36 of Schedule 2 to the Welfare Reform Act 2012 (c. 5).
(2)
Schedule 3B was inserted by S.I. 2007/2871.
(3)
(4)
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.
(5)
Paragraph 3 was inserted by S.I. 2007/2871 and amended by S.I. 2010/2836.
(6)
Schedule 3B was inserted by S.I. 2007/2871.
(7)
(8)
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.
(9)
Paragraph 3 was inserted by S.I. 2007/2871 and amended by S.I. 2010/2836.
(10)
(11)
Schedule 1 was amended by S.I. 2013/1544.
(12)
Paragraph 4 was amended by S.I. 2013/1544.
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