uksi/2016/1179 — The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016

2016 No. 1179 Housing The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 Made 6th December 2016 Laid before Parliament 12th December 2016 Coming into force 23rd January 2017 The Secretary of State makes the following Order in exercise of the powers conferred by sections 122(1) and (6) of the Housing Act 1996 . Citation and commencement 1 This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 and comes into force on 23rd January 2017. Amendment of the Rent Officers (Housing Benefit Functions) Order 1997 2 1 The Rent Officers (Housing Benefit Functions) Order 1997 is amended as follows. 2 In article 4B, after paragraph (1A) (broad rental market area determinations) , 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) — 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) Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 3 1 The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 is amended as follows. 2 In article 4B, after paragraph (1A) (broad rental market area determinations) , insert— 1B The power in paragraph (1A) is not limited by paragraph 2(2A) or (2B) of Schedule 3B. . 3 In paragraph 2 of Schedule 3B (local housing allowance determinations) — a before sub-paragraph (3) insert— 2A For all broad rental market areas other than Lothian, 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 the Lothian broad rental market area, the local housing allowance— a for the category of dwelling defined in paragraph 1(1)(b) of this Schedule (one bedroom, exclusive use), is the lower of the amounts set out in sub-paragraph (3A)(a) and (b); b for all other categories of dwelling, is the lower of the amounts set out in sub-paragraph (3)(a) and (b). ; b in sub-paragraph (3)— i for the words before paragraph (a) substitute “The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—”; ii at the end of paragraph (a), for “or” substitute “and”; iii in paragraph (b), omit “, where that rent is lower than the allowance referred to in paragraph (a)”; c after sub-paragraph (3) insert— 3A The amounts referred to in (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 £260.64. . Amendment of the Rent Officers (Universal Credit Functions) Order 2013 4 1 The Rent Officers (Universal Credit Functions) Order 2013 is amended as follows. 2 In article 3, after paragraph (2) (broad rental market area determinations) insert— 2A The power in paragraph (2) is not limited by paragraph 2(2A) or (2B) of Schedule 1. . 3 In Schedule 1 (local housing allowance determinations) — a in paragraph 2— 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 accommodation 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 accommodation 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 accommodation not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b). ; ii in 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 paragraph (3) insert— 3A The amounts referred to in sub-paragraph (2B)(a) are— a the local housing allowance determined for that category of accommodation on 30th January 2015 (or, where the determination is amended under article 6 (redeterminations), the allowance as so redetermined), plus 3%; and b the maximum local housing allowance listed in column 2 of the following table for the category of accommodation— 1. Category of accommodation as defined in the following paragraphs of this Schedule 2. Maximum local housing allowance for that category of accommodation paragraph 1(1)(a) (one bedroom, shared accommodation) £1129.42 paragraph 1(1)(b) (one bedroom, exclusive use) £1129.42 paragraph 1(1)(c) (two bedrooms) £1310.13 paragraph 1(1)(d) (three bedrooms) £1536.01 paragraph 1(1)(e) (four bedrooms) £1807.07 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 accommodation 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) Lothian paragraph 1(1)(b) (one bedroom, exclusive use) 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) 4 In Schedule 2 (housing payment determination)— a in paragraph 3(a)(ii), for the words beginning with “or” to the end substitute “(but see paragraph 4)”; b in paragraph 4, for the words beginning with “or” to the end substitute “or one local authority area adjoining an adjoining local authority area or, if the rent officer considers it necessary, more than one such area”. Signed by authority of the Secretary of State for Work and Pensions Caroline Nokes Parliamentary Under Secretary of State, Department for Work and Pensions 6th December 2016 EXPLANATORY NOTE (This note is not part of the Order) This Order amends 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 ) (“the Orders”) to make changes to the manner in which a local housing allowance is determined. Articles 2, 3 and 4 amend the Orders to provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is as currently determined but with an uplift of 3%. These articles further provide that for these dwellings, there is a maximum local housing allowance. Further, article 4 amends S.I. 2013/382 to provide that, when making a housing payment determination in respect of accommodation, a rent officer may have regard to certain local authority areas other than those adjoining the local authority area in which that accommodation is situated. An impact assessment has not been provided for this instrument as it has no impact on business or civil society organisations.