Articles 13(1) and 16
1.—(1) In a case to which this Part applies, where any part of the qualifying expenditure of an authority, whose area is or lies within an area identified in column (1) of the Table in Part V, is attributable to any allowance granted in respect of a person whose weekly eligible rent exceeds the threshold specified in relation to that area in column (2) of that Table, the appropriate amount shall be calculated in accordance with sub-paragraph (2).
(2) Where the allowance granted—
(a)is the same as or is less than the excess of eligible rent over the threshold, the appropriate amount shall be 25 per cent. of that part of the qualifying expenditure attributable to such allowance;
(b)is greater than the excess of the eligible rent over the threshold, the appropriate amount shall be the aggregate of 25 per cent. of that part of the qualifying expenditure attributable to such allowance which is equal to the excess and 95 per cent. of that part of the qualifying expenditure attributable to the balance.
2. The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with paragraph 6, 7, 8, 9 or 11 as appropriate.
3. Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.
4. This Part also applies in a case where the dwelling A is in a hostel and, by virtue of regulation 12A(2) of the Housing Benefit Regulations(1) (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.
5. This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations(2) (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.
6. Except where paragraph 5 applies, this Part also applies in a case where an authority is required, under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer), to apply for a determination in relation to a dwelling during the relevant year which a rent officer would be required to make, but the authority fails to apply for that determination, and, in such a case, the appropriate amount shall be nil.
7. Where —
(a)the rent officer determines a property-specific rent, but not a size-related rent; and
(b)the amount of eligible rent does not exceed the property-specific rent 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.
8.—(1) Where—
(a)the rent officer determines a property-specific rent, but not a size-related rent; and
(b)the amount of eligible rent exceeds the property-specific rent 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 sub-paragraph (3), as the case may be.
(2) Where the allowance granted is the same as or is less than the excess—
(a)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(b)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.
(3) Where the allowance granted is greater than the excess the appropriate amount shall be
(a)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(b)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
together with 95 per cent. of the qualifying expenditure which remains after deducting the excess.
9.—(1) Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, the appropriate amount in respect of the period beginning on the relevant date and ending on the termination date shall be the appropriate amounts determined in accordance with the relevant sub-paragraphs of this paragraph.
(2) Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
(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 does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be 95 per cent. of that part of the qualifying expenditure attributable to the eligible rent.
(4) 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 property-specific rent less ineligible amounts—
(a)where the allowance is the same as or is less than the excess—
(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b)where the allowance granted is greater than the excess the appropriate amount shall be—
(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.
(5) For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—
(a)where the allowance is the same as or is less than the excess—
(i)except in a case to which paragraph 10 applies, the appropriate amount shall be nil;
(ii)where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;
(b)where the allowance granted is greater than the excess the appropriate amount shall be—
(i)except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;
(ii)where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,
and in either case 95 per cent. of the qualifying expenditure which remains after deducting the excess.
10. This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A)(3), (4), as in force on 1st January 1996, or 12(2)(4) of the Housing Benefit Regulations (restrictions on unreasonable rents or rent increases)(5), as in force on 5th October 1997.
11.—(1) This paragraph applies in a case where—
(a)an authority makes a payment on account pursuant to regulation 91 of the Housing Benefit Regulations(6) (payments on account); and
(b)on the subsequent determination by that authority the amount of rent allowance payable is less than the amount of that payment.
(2) In a case where this paragraph applies, the appropriate amount shall be 95 per cent. of so much of any amount which—
(a)is not in excess of the appropriate indicative rent level in relation to the dwelling, in respect of which the claim for rent allowance, pursuant to which the payment on account was paid, was made; and
(b)has not been recovered pursuant to either regulation 91(3) or regulation 99 (recoverable overpayments)(7) of the Housing Benefit Regulations.
(3) In any case to which this paragraph applies where any such payments on account were in excess of the appropriate indicative rent level, the appropriate amount shall be nil.
12. For the purposes of this Part—
(a)in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;
(b)in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;
(c)in a case where, during the relevant year—
(i)there has been a change relating to a rent allowance within the meaning of regulation 12A(8)(8) of the Housing Benefit Regulations; and
(ii)by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,
the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect)(9) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;
(d)in a case where, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—
(i)if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;
(iii)if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;
(e)in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be, the relevant date is
(i)if the designated rent determination under the 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 is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.
13. For the purposes of this Part “termination date” means—
(a)31st March in the relevant year; or
(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or
(c)the date on which the allowance ceases to be paid in respect of the tenancy,
whichever is the earlier date in the relevant year.
14. In a case where article 16(4)(a) applies—
(a)where the authority, in determining the reckonable rent, has lessened that rent, in accordance with regulation 10(3) of and Schedule 1 to the Housing Benefit Regulations (ineligible charges), by a sum less than the ineligible amounts, the appropriate amount shall be 95 per cent. of the maximum rent as calculated by reference to the value of those ineligible amounts and the local reference rent; and
(b)in a case where sub-paragraph (a) does not apply, the appropriate amount shall be 95 per cent. of the eligible rent as determined by the authority.
15. In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in regulation 11(9) of the Housing Benefit Regulations, 95 per cent. of the eligible rent less ineligible amounts.
16. For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).
17.—(1) In this Schedule, unless the context otherwise requires—
“appropriate indicative rent level” means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under paragraph 1A or Part II of Schedule 1 to the Housing Benefit Regulations (meal and fuel charges);
“designated rent” means—
in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;
in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;
“ineligible amounts” means, except as provided in the definition of “property-specific rent less ineligible amounts” below—
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);
any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amount ineligible for meals)(10);
where the dwelling is a hostel within the meaning of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges)(11), other than under sub-paragraphs (d) to (f) of that paragraph;
“property-specific rent”, except as provided in the definition of “property-specific rent less ineligible amounts” below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;
“property-specific rent less ineligible amounts” has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges for food and fuel), as the case may be (“ineligible payments”), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;
“size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,
and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule and in regulation 11 of the Housing Benefit Regulations shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.
(2) Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.
(3) In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—
(a)the terms of the tenancy of a dwelling; or
(b)the size or composition of the household occupying that dwelling,
which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.
18. The Table referred to in paragraph 1 is—
| (1) Area | (2) Threshold (Weekly Sum) |
|---|---|
| £ | |
| ENGLAND (Rent Registration Areas) | |
| Avon | 91.49 |
| Barking & Dagenham | 136.89 |
| Barnet | 153.80 |
| Bedfordshire | 83.98 |
| Berkshire | 109.89 |
| Bexley | 136.34 |
| Brent | 128.25 |
| Bromley | 152.37 |
| Buckinghamshire | 97.32 |
| Cambridgeshire | 72.37 |
| Camden | 191.70 |
| Cheshire | 84.05 |
| City of London | 129.16 |
| Cleveland | 73.95 |
| Cornwall | 103.56 |
| Croydon | 193.15 |
| Cumbria | 54.28 |
| Derbyshire | 65.99 |
| Devon | 96.92 |
| Dorset | 87.82 |
| Durham | 67.25 |
| Ealing | 164.12 |
| Enfield | 138.34 |
| Essex | 110.99 |
| Gloucestershire | 79.93 |
| Greater Manchester | 89.50 |
| Greenwich | 131.58 |
| Hackney | 128.65 |
| Hammersmith & Fulham | 137.54 |
| Hampshire | 104.85 |
| Haringey | 133.32 |
| Harrow | 147.08 |
| Havering | 136.70 |
| Hereford & Worcester | 95.98 |
| Hertfordshire | 95.20 |
| Hillingdon | 144.56 |
| Hounslow | 144.60 |
| Humberside | 76.12 |
| Isle of Wight | 94.10 |
| Islington | 147.08 |
| Kensington & Chelsea | 157.32 |
| Kent | 119.44 |
| Kingston-upon-Thames | 159.11 |
| Lambeth | 127.73 |
| Lancashire | 99.30 |
| Leicestershire | 63.75 |
| Lewisham | 109.77 |
| Lincolnshire | 66.12 |
| Merseyside | 75.87 |
| Merton | 150.34 |
| Midlands (West) | 81.47 |
| Newham | 114.80 |
| Norfolk | 75.70 |
| Northamptonshire | 67.32 |
| Northumberland | 63.48 |
| Nottinghamshire | 72.89 |
| Oxfordshire | 121.89 |
| Redbridge | 124.10 |
| Richmond-upon-Thames | 163.07 |
| Shropshire | 104.79 |
| Somerset | 79.30 |
| Southwark | 129.36 |
| Staffordshire | 78.83 |
| Suffolk | 72.20 |
| Surrey | 122.08 |
| Sussex (East) | 121.69 |
| Sussex (West) | 113.68 |
| Sutton | 135.18 |
| Tower Hamlets | 144.22 |
| Tyne & Wear | 62.08 |
| Waltham Forest | 116.34 |
| Wandsworth | 154.80 |
| Warwickshire | 81.38 |
| Westminster | 195.73 |
| Wiltshire | 83.80 |
| Yorkshire (North) | 87.88 |
| Yorkshire (South) | 69.06 |
| Yorkshire (West) | 77.18 |
| WALES (Rent Registration Areas) | |
| Bridgend & Glamorgan Valleys | 66.76 |
| Cardiff & Vale of Glamorgan | 77.99 |
| North East Wales | 60.90 |
| North West Wales | 58.63 |
| Powys | 69.55 |
| South East Wales | 70.60 |
| Swansea, Neath & Port Talbot | 62.75 |
| West Wales | 68.48 |
| SCOTLAND (Areas of pre 1996 authorities) | |
| Borders Region | 108.56 |
| Central | 105.45 |
| Dumfries & Galloway | 95.84 |
| Fife | 106.51 |
| Grampian | 94.89 |
| Highlands & Western Islands | 81.42 |
| Lothian | 100.19 |
| Other Islands | 76.72 |
| Strathclyde | 93.60 |
| Tayside | 99.92 |
Regulation 12A was inserted by regulation 5 of S.I. 1990/546; relevant amendments are S.I. 1993/317, 1995/560 and 1996/965.
Schedule 1A was inserted by regulation 12 of S.I. 1990/546 and paragraph 2 was amended by S.I. 1991/235, 1993/317, 1249, 1995/560, 1996/965 and 1997/852.
Paragraph (3A) was added by regulation 2(c) of S.I. 1989/566.
Paragraph (2) was added by regulation 3(b) of S.I. 1989/566.
Regulation 11 was revoked and replaced by S.I. 1995/1644 from 2nd January 1996 and regulation 12 was omitted by S.I. 1997/852, but the earlier regulations continue in force for certain claimants by regulation 10 of S.I. 1995/1644 and regulation 4(3) of S.I. 1997/852.
Regulation 91 was amended by S.I. 1995/2868.