The Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2009

Amendment of the Income-related Benefits (Subsidy to Authorities) Order 1998

2.—(1) The Income-related Benefits (Subsidy to Authorities) Order 1998(1) is amended as follows.

(2) In article 14(2)(2) (backdated benefit) for “article 17(2)(a)(i) or (b)(i) or (3)(b)(ii)” substitute “article 17(2), 17A(2)”.

(3) For article 17(3) (subsidy in respect of homeless and short lease rebate cases) substitute—

“Subsidy in respect of temporary accommodation – non self-contained licensed accommodation and board and lodging accommodation

17.— (1) This article applies where—

(a) a rent rebate is payable by an authority; and

(b) a person (“P”) is required to pay the authority under section 69(2)(b) of the Housing Act 1985(4), section 206 of the Housing Act 1996(5) or section 35(2)(b) of the Housing (Scotland) Act 1987(6), as the case may be, for—

(i) board and lodging accommodation made available to P; or

(ii) accommodation which is not self-contained, which the authority holds on a licence agreement with a landlord, and which it makes available to P.

(2) Where this article applies the appropriate amount is the lower of—

(a) the amount of housing benefit entitlement in a week or part week, as the case may be; or

(b) the maximum amount determined in accordance with paragraph (3).

(3) The maximum amount referred to in paragraph (2) is the local housing allowance for January preceding the relevant year for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

(4) For the purposes of this article and article 17A, accommodation is self-contained if P’s household is not required to share one or more of the following with another household—

(a) a kitchen;

(b) a toilet;

(c) a bathroom.

(5) In this article and article 17A—

“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order; and

“local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order.

Subsidy in respect of temporary accommodation – self-contained licensed accommodation and short lease accommodation

17A.— (1) This article applies where—

(a) a rent rebate is payable by an authority; and

(b) a person (“P”) is required to pay the authority—

(i) under section 69(2)(b) of the Housing Act 1985, section 206 of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987 for self-contained accommodation, which the authority holds on a licence agreement with a landlord, and which it makes available to P;

(ii) in England and Scotland, for accommodation outside that authority’s Housing Revenue Account, which the authority holds on a lease granted for a term not exceeding 10 years, and which it makes available to P; or

(iii) in Wales, for accommodation which the authority holds on a lease granted for a term not exceeding 10 years, and which it makes available to P.

(2) Where this article applies, the appropriate amount is the lower of—

(a) the amount of housing benefit entitlement in a week or part week, as the case may be; or

(b) the maximum amount determined in accordance with paragraph (3).

(3) The maximum amount referred to in paragraph (2) is the aggregate of—

(a) 90% of the local housing allowance for January preceding the relevant year for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated; and

(b) either—

(i) £40 for authorities listed in Schedule 7 (authorities in London); or

(ii) £60 for other authorities.

(4) For the purposes of determining the applicable local housing allowance in paragraph (3)—

(a) where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and

(b) where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as a room suitable for living in.”.

(4) After Schedule 6(7) (electronic communications) add—

Article 17A

“SCHEDULE 7 Authorities in London

Barking and Dagenham Barnet Bexley Brent Bromley Camden City of London Croydon Ealing Enfield Greenwich Hackney Hammersmith and Fulham Haringey Harrow Havering Hillingdon Hounslow Islington Kensington and Chelsea Kingston upon Thames Lambeth Lewisham Merton Newham Redbridge Richmond upon Thames Southwark Sutton Tower Hamlets Waltham Forest Wandsworth Westminster”

(1)

S.I. 1998/562.

(2)

The relevant amending instrument is S.I. 2005/369.

(3)

Relevant amending instruments are S.I. 2001/2350, 2003/3179, 2005/369 and 2006/54.

(4)

1985 c.68. Repealed by the Housing Act 1996, Schedule 19, Part 8 but remains in force for applications made before 20th January 1997.

(5)

1996 c.52.

(6)

1987 c.26.

(7)

Schedule 6 was inserted by S.I. 2007/26.