Welfare Reform Act 2012

69 Housing benefit: determination of appropriate maximum

(1) Section 130A of the Social Security Contributions and Benefits Act 1992 (appropriate maximum housing benefit) is amended as follows.

(2) In subsection (3), for “The regulations may provide” there is substituted “The provision which may be made by the regulations includes provision”.

(3) For subsections (5) and (6) there is substituted—

“(5) The regulations may, for the purpose of determining the AMHB, provide for the amount of the liability mentioned in section 130(1)(a) above to be taken to be an amount other than the actual amount of that liability (and, without prejudice to the generality of this subsection, may provide for it to be taken to be the amount of a rent officer determination).

(6) The regulations may, for that purpose, make provision for determining the amount of liability under section 130(1)(a) above which a person is treated as having by virtue of regulations under section 137(2)(j) below (and, without prejudice to the generality of this subsection, may provide for that amount to be the amount of a rent officer determination).”

(4) In section 176(1) of that Act (Parliamentary control), after paragraph (aa) there is inserted—

“(ab) the first regulations made by virtue of section 130A(5) or (6);”.