Citation and Commencement

1. This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2015 and comes into force on 2nd November 2015.

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

(a) omit paragraph 2(2) and (9);

(b) for paragraph 2(3) substitute—

“ (3) For all broad rental market areas the local housing allowance for a category of dwelling is—

(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 ( 4 ) ); or

(b) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8), where that rent is lower than the allowance referred to in paragraph (a). ” ; and

(c) omit paragraph 6.

Amendments to 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 Schedule 3B (broad rental market area determinations and local housing allowance determinations)( 6 )—

(a) omit paragraph 2(2) and (9);

(b) for paragraph 2(3) substitute—

“ (3) For all broad rental market areas the local housing allowance for a category of dwelling is—

(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 ( 7 ) ); or

(b) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8), where that rent is lower than the allowance referred to in paragraph (a). ” ; and

(c) omit paragraph 6.

Amendments to 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 4 (local housing allowance determinations)( 9 )—

(a) paragraph (1) is omitted and paragraphs (2) and (2A) are re-numbered as paragraphs (1) and (2) respectively;

(b) in paragraph (1) (as re-numbered), for “(2A)” substitute “(2)” and in paragraph (2) (as re-numbered), for “(2)” substitute “(1)”;

(c) for paragraphs (3) and (4) substitute—

“ (3) Any local housing allowance determination made in accordance with paragraph (1) is to take effect—

(a) in the case of a person with an existing UC entitlement—

(i) on the relevant Monday where that is the first day of an assessment period for the person in question; or

(ii) where the relevant Monday is not the first day of an assessment period for that person, on the first day of the next assessment period following that; or

(b) in any other case, on the relevant Monday.

(4) For the purposes of this article—

“a person with an existing UC entitlement” means a person who is entitled to universal credit on the relevant Monday;

“relevant Monday” means the first Monday in the first tax year that commences following the day on which the determination is made;

“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next. ” .

(3) In Schedule 1 (local housing allowance determinations)( 10 )—

(a) omit paragraph 2(2);

(b) for paragraph 2(3) substitute—

“ (3) For all broad rental market areas the local housing allowance for a category of accommodation is—

(a) the local housing allowance determined for that category of accommodation on 30th January 2015 (or, where the allowance is redetermined under article 6 (redeterminations), the allowance as so redetermined); or

(b) the rent at the 30th percentile determined in accordance with paragraph 3, where that rent is lower than the allowance referred to in paragraph (a). ” ; and

(c) omit paragraphs 4 and 6.