The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2020

Statutory Instruments

2020 No. 1519

Housing

The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2020

Made

10th December 2020

Laid before Parliament

14th December 2020

Coming into force

28th January 2021

The Secretary of State, in exercise of the powers conferred by section 122(1) and (6) of the Housing Act 1996(1), makes the following Order.

Citation and Commencement

1.  This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2020 and comes into force on 28th January 2021.

Modifications to the Rent Officers (Housing Benefit Functions) Order 1997

2.  For the purposes of determining the local housing allowances in 2021, Schedule 3B (broad rental market area determinations and local housing allowance determinations) to the Rent Officers (Housing Benefit Functions) Order 1997(2) is to be read as if for paragraph 2(2) there were substituted—

“(2) For all broad rental market areas the local housing allowance for a category of dwelling is the allowance determined for that category of dwelling on 31st March 2020.”

Modifications to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

3.  For the purposes of determining the local housing allowances in 2021, Schedule 3B (broad rental market area determinations and local housing allowance determinations) to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(3) is to be read as if for paragraph 2(2) there were substituted—

“(2) For all broad rental market areas the local housing allowance for a category of dwelling is the allowance determined for that category of dwelling on 31st March 2020.”

Modifications to the Rent Officers (Universal Credit Functions) Order 2013

4.  For the purposes of determining the local housing allowances in 2021, Schedule 1 (local housing allowance determinations) to the Rent Officers (Universal Credit Functions) Order 2013(4) is to be read as if for paragraph 2(2) there were substituted—

“(2) For all broad rental market areas the local housing allowance for a category of accommodation is the allowance determined for that category of accommodation on 31st March 2020.”

Signed by the authority of the Secretary of State for Work and Pensions

Will Quince

Parliamentary Under Secretary of State

Department of Work and Pensions

10th December 2020

EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies the Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984), the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (S.I. 1997/1995) and the Rent Officers (Universal Credit Functions) Order 2013 (S.I. 2013/382) to make changes to how the local housing allowance is determined.

Articles 2, 3 and 4 modify the above Orders to provide that, for all broad rental market areas, the local housing allowance for a category of dwelling or accommodation is the allowance determined for that category of dwelling or accommodation on 31st March 2020. The modification will apply for the purposes of determining local housing allowances in 2021.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

1996 c.52. Section 122(1) was amended by paragraph 36 of Schedule 2 to the Welfare Reform Act 2012 (c.5).

(2)

S.I. 1997/1984. Schedule 3B was inserted by S.I. 2007/2871 and the relevant amending instruments are S.I. 2013/2978, 2015/1753, 2020/27 and 371.

(3)

S.I. 1997/1995. Schedule 3B was inserted by S.I. 2008/2871 and the relevant amending instruments are S.I. 2013/2978, 2015/1753, 2020/27 and 371.

(4)

S.I. 2013/382. The relevant amending instruments are S.I. 2013/2978, 2015/1753, 2020/27 and 371.