The Rent Officers (Housing Benefit Functions) Order 1997

[F1 Broad rental market area determinations and local housing allowance determinations E+W+S

4B.— (1) [F2 On the day on which this article comes into force in relation to a [F3 pathfinder authority] and so often thereafter as a rent officer, having regard to the definition of “broad rental market area” in paragraph (1) of article 2, considers appropriate, a rent officer shall—

(a) determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of that local authority so that every part of the area of that authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and

(b) give to that authority a notice which—

(i) specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and

(ii) identifies such of those postcodes as fall within the area of that authority.]

[F4 (1A) [F5 At such times as a rent officer considers appropriate, a rent officer shall, if the Secretary of State agrees], in relation to each local authority,—

(a) determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and

(b) give to that local authority a notice which—

(i) specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and

(ii) identifies such of those postcodes as fall within the area of that authority.]

[F6 (1B) The power in paragraph (1A) is not limited by paragraph [F7 2(2)] of Schedule 3B.]

(2) [F2 No more than 5 and not less than 3 working days before the end of each month a rent officer shall—

(a) determine, in accordance with the provisions of Part I of Schedule 3A—

(i) a local housing allowance for each of the categories of dwelling set out in paragraph 1 of that Part; and

(ii) local housing allowances for such other categories of dwelling of more than six rooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit,

for each broad rental market area falling within, in whole or in part, the area of any local authority which is (or will be) a pathfinder authority during the month which follows; and

(b) give to each such authority notice of the local housing allowance determinations made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.]

[F8 (2A) [F9 In 2014 and in each subsequent year, on the date specified in paragraph (2B),] a rent officer shall—

(a) for each broad rental market area determine, in accordance with Schedule 3B, a local housing allowance for each of the categories of dwelling set out in paragraph 1 of Schedule 3B; and

(b) notify each local authority of the local housing allowance determination made in accordance with sub-paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority.]

[F10 (2B) The date specified for the purposes of paragraph (2A) is the last working day of January [F11 and also the 31st March 2020].]

(3) [F2 Any broad rental market area determination made in accordance with paragraph (1), or local housing allowance determination made in accordance with paragraph (2), shall take effect on the first working day of the month which begins after the day on which the determination is made.]

[F12 (3A) Any broad rental market area determination made in accordance with paragraph (1A) shall take effect—

(a) on the day the determination is made for the purpose of enabling a rent officer to determine a local housing allowance for that area; and

[F13 (b) for all other purposes on the next 1st April following the day on which the determination is made.]

(3B) Any local housing allowance determination made in accordance with paragraph (2A) shall take effect on the next 1st April following the day on which the determination is made [F14 , and the determinations made on the 31st March 2020 shall take effect (on 1st April 2020) in place of the determinations made on the 31st January 2020].]

F15 (4)  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16 Where a pathfinder authority—

(a) makes an application in accordance with [F17 regulation 13A(4)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations], a rent officer shall determine, in accordance with the provisions of Part I of Schedule 3A and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the pathfinder authority that made the application, at the relevant date; or

(b) makes an application in accordance with [F18 regulation 13A(5) of the Housing Benefit Regulations or, as the case may be, regulation 13A(5) of the Housing Benefit (State Pension Credit) Regulations], a rent officer shall determine, in accordance with the provisions of Part I of Schedule 3A and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the area of the pathfinder authority.]

F19 (4A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Where a rent officer has made a local housing allowance determination in accordance with paragraph (4)—

(a) he shall give notice of the determination to the [F20 local authority] that made the application;

(b) any local housing allowance determination made in accordance with sub-paragraph (4)(a) shall take effect for the month in which the relevant date falls [F21 , except that no such determination can have effect before 7th April 2008]; and

(c) any local housing allowance determination made in accordance with sub-paragraph (4)(b) shall take effect for the month in which notice is given in accordance with sub-paragraph (a) [F22 , except that no such determination can have effect before 7th April 2008].]

[F23 (6)  Where a rent officer has made a local housing allowance determination in accordance with paragraph (2A) F24 ... he shall—

(a) make an approximate monthly allowance determination in relation to that local housing allowance determination; and

(b) give notice of the approximate monthly allowance determination to each authority to which he is required to give notice of the local housing allowance determination when he gives notice of that determination.]

Textual Amendments

F1 Art. 4B–4E inserted (24.9.2003) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 2(5)

F2 Art. 4B(1)(2)(3) omitted (7.4.2008) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 6(4)(a) (with arts. 2, 6(1), (2))

F3 Words in art. 4B(1) substituted (20.3.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 4(2)(a) (with art. 2)

F4 Art. 4B(1A) inserted (20.3.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 4(2)(b) (with art. 2)

F5 Words in art. 4B(1A) substituted (E.W.) (2.4.2012) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2012 (S.I. 2012/646), arts. 1, 2(3)(a)

F6 Art. 4B(1B) inserted (23.1.2017) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 (S.I. 2016/1179), arts. 1, 2(2)

F7 Word in art. 4B(1B) substituted (30.1.2020) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2020 (S.I. 2020/27), arts. 1, 2(2)

F8 Art. 4B(2A) (as inserted by art. 4(2)(c), Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871))substituted (2.4.2012) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2012 (S.I. 2012/646), arts. 1, 2(3)(b)

F9 Words in art. 4B(2A) substituted (1.9.2013) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013 (S.I. 2013/1544), arts. 1, 2(3)(a)

F10 Art. 4B(2B) substituted (8.1.2015) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2014 (S.I. 2014/3126), arts. 1, 2(2)

F11 Words in art. 4B(2B) added (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371), regs. 1(1), 4(1)(a)(i)

F12 Art. 4B(3A)(as inserted by art. 4(2)(d), Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871))(3B) substituted for art. 4B(3A) (2.4.2012) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2012 (S.I. 2012/646), arts. 1, 2(3)(c)

F13 Art. 4B(3A)(b) substituted (31.1.2022) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment and Modification) Order 2021 (S.I. 2021/1380), arts. 1(1), 2(2)

F14 Words in art. 4B(3B) added (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations 2020 (S.I. 2020/371), regs. 1(1), 4(1)(a)(ii)

F15 Art. 4B(4) omitted (18.3.2011, (as substituted by art. 6(4)(b) 2007/2871)) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836), arts. 1(2), 2(2)(a)(ii)

F16 Art. 4B(4) substituted (7.4.2008, reproduced for savings purposes) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 6(4)(b) (with arts. 2, 6(1), (2))

F17 Words in art. 4B(4)(a) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 11(5)(a) (with regs. 2, 3, Sch. 3, 4)

F18 Words in art. 4B(4)(b) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 11(5)(b) (with regs. 2, 3, Sch. 3, 4)

F19 Art. 4B(4A) omitted (18.3.2011) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836), arts. 1(2), 2(2)(a)(iii)

F20 Words in art. 4B(5)(a) substituted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 6(4)(c)(i) (with arts. 2, 6(1), (2))

F21 Words in art. 4B(5)(b) inserted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 6(4)(c)(ii) (with arts. 2, 6(1), (2))

F22 Words in art. 4B(5)(c) inserted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 6(4)(c)(iii) (with arts. 2, 6(1), (2))

F23 Art. 4B(6) inserted (20.3.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 4(2)(e) (with art. 2)

F24 Words in art. 4B(6) omitted (18.3.2011) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836), arts. 1(2), 2(2)(b)