Citation and commencement

1.  This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2017 and comes into force on 26th January 2018.

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997

2.-(1) The Rent Officers (Housing Benefit Functions) Order 1997(2) is amended as follows.

(2) In article 4B(3A) (date on which a broad rental market area determination takes effect)(3), for sub-paragraph (b) substitute-

"(b)for all other purposes-

(i)on the next 1st April following the day on which the determination is made; or

(ii)where the next 1st April is within 11 months beginning with the day on which the determination is made, on the next 1st April after that.".

(3) In paragraph 2 of Schedule 3B (broad rental market determinations and local housing allowance determinations)(4)-

(a)in sub-paragraph (3)(a), for "determined for that category of dwelling on 30th January 2015" substitute "last determined for that category of dwelling";

(b)in sub-paragraph (3A)–

(i)in paragraph (a), for "determined for that category of dwelling on 30th January 2015" substitute "last determined for that category of dwelling";

(ii)for the table in paragraph (b), substitute-

(4) For the table in paragraph 5A of Schedule 3B, substitute-

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

3.-(1) The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(5) is amended as follows.

(2) In article 4B(3A) (date on which a broad rental market area determination takes effect)(6), for sub-paragraph (b) substitute-

"(b)for all other purposes-

(i)on the next 1st April following the day on which the determination is made; or

(ii)where the next 1st April is within 11 months beginning with the day on which the determination is made, on the next 1st April after that.".

(3) In paragraph 2 of Schedule 3B (local housing allowance determinations)(7)-

(a)in sub-paragraph (2A), after "Lothian" insert "and East Dunbartonshire";

(b)in sub-paragraph (2B)-

(i)in paragraph (a), for "category" substitute "categories" and after "(one bedroom, exclusive use)" insert "or paragraph 1(1)(c) of this Schedule (two bedrooms)";

(c)after sub-paragraph (2B) insert-

"(2C) For the East Dunbartonshire broad rental market area, the local housing allowance-

(a)for the category of dwelling defined in paragraph 1(1)(a) of this Schedule (one bedroom, shared accommodation), 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).";

(d)in sub-paragraph (3)-

(i)in the words before paragraph (a), for "and (2B)(b)" substitute ", (2B)(b) and (2C)(b)";

(ii)in paragraph (a), for "determined for that category of dwelling on 30th January 2015" substitute "last determined for that category of dwelling";

(e)in sub-paragraph (3A)-

(i)after "(2B)(a)" insert "and (2C)(a)";

(ii)in paragraph (a), for "determined for that category of dwelling on 30th January 2015" substitute "last determined for that category of dwelling"; and

(iii)for paragraph (b) substitute-

"(b)the maximum local housing allowance listed in column 2 of the following table for the category of dwelling-

Amendment of the Rent Officers (Universal Credit Functions) Order 2013

4.-(1) The Rent Officers (Universal Credit Functions) Order 2013(8) is amended as follows.

(2) In article 3 (broad rental market area determinations)(9)-

(a)for paragraph (6)(b) (date on which a broad rental market area determination takes effect) substitute-

"(b)for all other purposes-

(i)on the next relevant Monday following the day on which the determination is made; or

(ii)where the next relevant Monday is within 11 months beginning with the day on which the determination is made, on the next relevant Monday after that.";

(b)after paragraph (7) insert-

"(8) "Relevant Monday" has the same meaning as in article 4(4).".

(3) In paragraph 2 of Schedule 1 (local housing allowance determinations)(10)-

(a)in sub-paragraph (3)(a), for "determined for that category of accommodation on 30th January 2015" substitute "last determined for that category of accommodation";

(b)in sub-paragraph (3A)-

(i)in paragraph (a), for "determined for that category of accommodation on 30th January 2015" substitute "last determined for that category of accommodation"; and

(ii)for the table in paragraph (b), substitute-

(4) For the table in paragraph 5A of Schedule 1, substitute-

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 by substituting tables that provide that, for dwellings (or accommodation, in relation to Universal Credit) in specified categories in specified broad rental market areas, the local housing allowance is the lower of (a) the rent as last determined plus 3% and (b) the maximum allowance applicable to the dwelling, as specified in the table inserted by this Order.

For other dwellings, the local housing allowance is lower of the rent as last determined and the rent at the 30th percentile, determined in accordance with the Orders.

Further, this Order also amends the Orders so that any changes to a broad rental market area made as a result of a broad rental market area determination takes effect either from the 1st of April following the day on which the determination is made or, if that is within 11 months of the day on which the determination is made, the 1st of April the following year (in the case of Universal Credit, the 1st of April is replaced by the "relevant Monday", as defined in the Regulations).

An impact assessment has not been provided for this instrument as it has no impact on business or civil society organisations.