The Income-related Benefits (Subsidy to Authorities) Order 1998

[F1 Subsidy in respect of self-contained accommodation, or owned or leased accommodation, made available by a registered housing association as temporary or short term accommodation E+W+S

17C.— (1) This article applies where—

(a) a rent allowance is payable by an authority; and

(b) a person (“P”) is required to pay a registered housing association for—

(i) accommodation which is not self-contained and which the registered housing association owns or holds on a lease; or

(ii) accommodation which is self-contained; and

(c) the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—

(i) to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996[F2 , Part 2 of the Housing (Wales) Act 2014] or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii) to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996[F3 , Part 2 of the Housing (Wales) Act 2014 or] Part 2 of the Housing (Scotland) Act 1987[F4 , as the case may be]; [F5 and

(d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.]

(2) Where this article applies the appropriate amount is the lowest of—

(a) the amount of housing benefit entitlement in a week or part week, as the case may be;

(b) the maximum amount determined in accordance with paragraph (3); or

(c) £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

[F6 (3) The maximum amount referred to in paragraph (2) is 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated.]

(4) For the purposes of determining the applicable local housing allowance in paragraph (3)—

(a) for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and

(b) for accommodation which is self-contained—

(i) where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and

(ii) where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.]

Textual Amendments

F1 Art. 17B - Art. 17C inserted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(10)

F2 Words in art. 17C(1)(c)(i) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(5)(a)

F3 Words in art. 17C(1)(c)(ii) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(5)(b)(i)

F4 Words in art. 17C(1)(c)(ii) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(5)(b)(ii)

F5 Art. 17C(1)(d) and word inserted (1.4.2011) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) arts. 1, 4(6)(a)

F6 Art. 17C(3) substituted (26.10.2017) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2017 (S.I. 2017/900), art. 5(2), reg. 1