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 Schedule | 2. 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 area | 2. Category of dwelling as defined in the following paragraphs of this Schedule |
|---|---|
| Aylesbury | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Aylesbury | paragraph 1(1)(c) (two bedrooms) |
| Barrow-in-Furness | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Bedford | paragraph 1(1)(d) (three bedrooms) |
| Bolton and Bury | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Bristol | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Bristol | paragraph 1(1)(d) (three bedrooms) |
| Bury St. Edmunds | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Cambridge | paragraph 1(1)(c) (two bedrooms) |
| Cambridge | paragraph 1(1)(e) (four bedrooms) |
| Central London | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Central Norfolk and Norwich | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Chilterns | paragraph 1(1)(c) (two bedrooms) |
| Flintshire | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Harlow and Stortford | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Inner North London | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Kings Lynn | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Luton | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Luton | paragraph 1(1)(c) (two bedrooms) |
| Luton | paragraph 1(1)(d) (three bedrooms) |
| Luton | paragraph 1(1)(e) (four bedrooms) |
| Milton Keynes | paragraph 1(1)(d) (three bedrooms) |
| Milton Keynes | paragraph 1(1)(e) (four bedrooms) |
| Neath Port Talbot | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| North West Kent | paragraph 1(1)(e) (four bedrooms) |
| North West London | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Outer East London | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Outer East London | paragraph 1(1)(e) (four bedrooms) |
| Outer South London | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Outer South London | paragraph 1(1)(c) (two bedrooms) |
| Outer South West London | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Outer West London | paragraph 1(1)(c) (two bedrooms) |
| Pembrokeshire | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Solihull | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| South West Essex | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| South West Herts | paragraph 1(1)(d) (three bedrooms) |
| Southend | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Southern Greater Manchester | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Stevenage & North Herts | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Stevenage & North Herts | paragraph 1(1)(d) (three bedrooms) |
| Stevenage & North Herts | paragraph 1(1)(e) (four bedrooms) |
| Sunderland | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Swindon | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Swindon | paragraph 1(1)(b) (one bedroom, exclusive use) |
| Vale of Glamorgan | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Walton | paragraph 1(1)(a) (one bedroom, shared accommodation) |
| Warwickshire South | paragraph 1(1)(a) (one bedroom, shared accommodation)” |
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.
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.