The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

Rent officer’s reasonable market rent and size determination

4.—(1) Subject to paragraphs 5 and 7, where the rent officer makes a determination under paragraph 2 of Schedule 1 of the Rent Officers Order that the dwelling exceeds the size criteria for its occupiers and he determines a reasonable market rent for that dwelling and a comparable rent for suitably sized accommodation, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.

(2) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent does not exceed the reasonable market rent less ineligible amounts, the appropriate amount shall be 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the reasonable market rent less ineligible amounts.

(3) For the period of 13 weeks beginning on the relevant date or, if shorter, for the period beginning on that date and ending on the termination date, if the amount of the eligible rent exceeds the reasonable market rent less ineligible amounts the appropriate amount shall be—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such an allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.

(4) For the period after the end of that 13 week period, if the amount of the eligible rent does not exceed the comparable rent for suitably sized accommodation less ineligible amounts, the appropriate amount shall be 97 per cent. of that part of the housing benefit qualifying expenditure attributable to the comparable market rent for suitably sized accommodation less ineligible amounts.

(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the comparable rent for suitably sized accommodation less ineligible amounts, the appropriate amount shall be—

(a) where the allowance granted is the same as or is less than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;

(b) where the allowance granted is greater than the excess—

(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,

(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,

and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.