The Rent Officers (Housing Benefit Functions) Amendment Order 2010

• Citation: S.I. 2010/2836
• Sections: 5

Section 1 Citation and commencement

(1) This Order may be cited as the Rent Officers (Housing Benefit Functions) Amendment Order 2010.

(2) Articles 1, 2 and 4 come into force on 18th March 2011.

(3) Articles 3 and 5 come into force on 1st April 2011.

Section 2 Amendment of the Rent Officers (Housing Benefit Functions) Order 1997 coming into force on 18th March 2011

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

(2) In article 4B (broad rental market area determinations and local housing allowance determinations)—

(a) omit—

(i) paragraph (2A)(a)(ii);

(ii) paragraph (4) as substituted by article 6(4)(b) of the Rent Officers (Housing Benefit Functions) Amendment Order 2007 ;

(iii) paragraph (4A);

(b) in paragraph (6) omit “, (4) or (4A)”.

(3) In Schedule 3B (broad rental market area determinations and local housing allowance determinations)—

(a) in paragraph 1 (categories of dwelling)—

(i) omit sub-paragraph (1)(f);

(ii) in sub-paragraph (2)(b) for “to (f)” substitute “to (e)”;

(b) in paragraph 2 (local housing allowance for category of dwelling in paragraph 1)—

(i) for sub-paragraphs (9) and (10) substitute—

(9) Subject to paragraph (12), the local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the rent at the 30th percentile in the list of rents for that category of dwelling.

(10) The rent at the 30th percentile in the list of rents (“R”) is determined as follows—

(a) where the number of rents on the list is a multiple of 10, the formula is—

where—

P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and

P1 is the following position on the list;

(b) where the number of rents on the list is not a multiple of 10, the formula is—

where P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.

(ii) in sub-paragraph (11) for “median rent” substitute “rent at the 30th percentile”;

(iii) after sub-paragraph (11) insert—

(12) Where the rent at the 30th percentile for the category of dwelling specified in the paragraph of this Schedule listed in column (1) of the following table exceeds the figure in column (2), the local housing allowance for that category of dwelling is the figure in column (2)—

(c) in paragraph 3 (anomalous local housing allowances)—

(i) in sub-paragraph (1)(b) for “to (f)” substitute “to (e)”; and

(ii) omit sub-paragraph (2).

Section 3 Amendment of the Rent Officers (Housing Benefit Functions) Order 1997 coming into force on 1st April 2011

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

(2) In article 2(1) (interpretation), before the definition of “redetermination”, insert—

“person who requires overnight care” has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;

(3) In Schedule 1, in paragraph 4(2)(b) (determinations – local reference rents), after “room suitable for living in” in the first place it occurs insert “and neither the tenant nor the tenant’s partner is a person who requires overnight care”.

(4) In Schedule 2 (size criteria) after paragraph 1 add—

(1A) Where the tenant or the tenant’s partner is a person who is stated on the application for the determination as being a person who requires overnight care (or in any case where both of them are so stated), one additional bedroom is allowed.

Section 4 Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 coming into force on 18th March 2011

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

(2) In article 4B (broad rental market area determinations and local housing allowance determinations)—

(a) omit—

(i) paragraph (2A)(a)(ii);

(ii) paragraph (4) as substituted by article 6(4)(b) of the Rent Officers (Housing Benefit Functions) Amendment Order 2007 ;

(iii) paragraph (4A);

(b) in paragraph (6) omit “, (4) or (4A)”.

(3) In Schedule 3B (broad rental market area determinations and local housing allowance determinations)—

(a) in paragraph 1 (categories of dwelling)—

(i) omit sub-paragraph (1)(f);

(ii) in sub-paragraph (2)(b) for “to (f)” substitute “to (e)”;

(b) in paragraph 2 (local housing allowance for category of dwelling in paragraph 1)—

(i) for sub-paragraphs (9) and (10) substitute—

(9) Subject to paragraph (12), the local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the rent at the 30th percentile in the list of rents for that category of dwelling.

(10) The rent at the 30th percentile in the list of rents (“R”) is determined as follows—

(a) where the number of rents on the list is a multiple of 10, the formula is—

where—

P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and

P1 is the following position on the list;

(b) where the number of rents on the list is not a multiple of 10, the formula is—

where P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.

(ii) in sub-paragraph (11) for “median rent” substitute “rent at the 30th percentile”;

(iii) after sub-paragraph (11) insert—

(12) Where the rent at the 30th percentile for the category of dwelling specified in the paragraph of this Schedule listed in column (1) of the following table exceeds the figure in column (2), the local housing allowance for that category of dwelling is the figure in column (2)—

(c) in paragraph 3 (anomalous local housing allowances)—

(i) in sub-paragraph (1)(b) for “to (f)” substitute “to (e)”; and

(ii) omit sub-paragraph (2).

Section 5 Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 coming into force on 1st April 2011

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

(2) In article 2(1) (interpretation), before the definition of “redetermination”, insert—

“person who requires overnight care” has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;

(3) In Schedule 1, in paragraph 4(2)(b) (determinations – local reference rents), after “room suitable for living in” in the first place it occurs insert “and neither the tenant nor the tenant’s partner is a person who requires overnight care”.

(4) In Schedule 2 (size criteria) after paragraph 1 add—

(1A) Where the tenant or the tenant’s partner is a person who is stated on the application for the determination as being a person who requires overnight care (or in any case where both of them are so stated), one additional bedroom is allowed.