The Income-related Benefits (Subsidy to Authorities) Amendment Order 2001

Amendments to Schedule 4 consequent on claim-related rent

7.—(1) For the year commencing on 1st April 2000 and for any relevant year thereafter, Schedule 4 to the principal Order shall be amended in accordance with the following paragraphs of this article.

(2) For paragraph 7 of Part II of Schedule 4 there shall be substituted the following paragraph—

“Rent officers' property-specific rent and claim-related rent

7.   Where the rent officer either—

(a) determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or

(b) determines a claim-related rent and the amount of eligible rent does not exceed the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) to the Housing Benefit Regulations, less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be 95 per cent of that part of the qualifying expenditure attributable to the eligible rent.”.

(3) For sub-paragraph (1) of paragraph 8 of Part II of Schedule 4 there shall be substituted the following sub-paragraph—

“(1) Where the rent officer either—

(a) determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or

(b) determines a claim-related rent and the amount of eligible rent exceeds the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation) to the Housing Benefit Regulations, less ineligible amounts,

then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.”.

(4) The following sub-paragraph shall be added to paragraph 9 of Part II of Schedule 4—

“(6) This paragraph does not apply where a rent officer determines a claim-related rent.”.

(5) For sub-paragraph (e) of paragraph 12 of Part II of Schedule 4 there shall be substituted the following sub-paragraph—

“(e) in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is—

(i) if the designated rent determination under the re-determination, substitute determination or substitute re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.”.

(6) Paragraph 17 of Part IV of Schedule 4 shall be amended by—

(a) omitting from the definition of “appropriate indicative rent level” the words “or Part II” and “and fuel”;

(b) inserting, in the appropriate place, the following definition—

““claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997(1) or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(2);”;

(c) adding the following paragraph to the definition of “designated rent”—

“(c) in a case where a rent officer has determined a claim-related rent, that rent;” and

(d) substituting for the definition of “ineligible amounts” the following definition—

• ““ineligible amounts” means—

  (a)

  in a case where the rent officer has determined a claim-related rent—

  (i)

  any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amounts ineligible for meals)(3);

  (ii)

  where the dwelling is in a hostel as defined in regulation 2(4) of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;

  (b)

  in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—

  (i)

  any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);

  (ii)

  any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amounts ineligible for meals);

  (iii)

  where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph.”.

(1)

S.I. 1997/1984, the relevant amending instrument is S.I. 2000/1.

(2)

S.I. 1997/1995 (S. 144), the relevant amending instrument is S.I. 2000/3.

(3)

Paragraph (1A) was inserted by S.I. 1988/1444 and amended by S.I. 1989/416, 1997/65 and 1999/264.

(4)

“Hostel” was transferred to regulation 2 from regulation 12A(8) by regulation 4 of the Housing Benefit (General) Amendment (No. 2) Regulations 1999 (S.I. 1999/2401).