SCHEDULES

SCHEDULE 4Housing costs element for renters

PART 4Private rented sector F1...

Annotations:

The calculation of the housing costs element under this Part

Cap rent24

1

The renter's cap rent is to be determined as follows.

Step 1

Determine the category of accommodation to which the renter is entitled under paragraphs 7 to 11 and paragraphs 25 to 28.

Step 2

Having regard to the determination at step 1, determine the maximum allowable amount for the renter under sub-paragraph (2) or (4) (as the case may be).

The result is the renter's cap rent.

2

The maximum allowable amount to be used in relation to the renter is the local housing allowance which applies at the relevant time to—

a

the broad rental market area in which the renter's accommodation is situated, and

b

the category of accommodation determined at step 1 as that to which the renter is entitled.

3

The maximum allowable amount in relation to the renter is to be determined under sub-paragraph (4) in any case where—

a

paragraph 3 (claimant housed in two dwellings by provider of social housing) of Schedule 3 applies to the renter, and

b

the maximum allowable amount determined under sub-paragraph (2) for the renter in relation to accommodation A and the amount so determined in relation to accommodation B are different (references to accommodation A and accommodation B are to be understood in accordance with paragraph 3 of Schedule 3), and

c

a single calculation is to be made in relation to the renter under paragraph 16 (renter treated as occupying single accommodation).

4

In any such case, the maximum allowable amount to be used in making the single calculation required by paragraph 16—

a

is to be determined by reference to the accommodation for which the amount referred to in sub-paragraph (3)(b) is lower when the calculation is first made, and

b

is to continue to be determined by reference to that accommodation for so long as paragraph 3 of Schedule 3 applies to the renter in respect of the same accommodation A and the same accommodation B, and

c

is to be re-determined in accordance with paragraphs (a) and (b) on each occasion when the renter is re-housed in any other accommodation, provided that paragraph 3 of Schedule 3 continues to apply to the renter.

5

In this paragraph—

  • broad rental market area” means the broad rental market area to be determined under regulation 3 of the UC Housing Costs Regulations;

  • local housing allowance” in relation to a broad rental market area, means the amount to be determined by a rent officer for that area under regulation 4 of the UC Housing Costs Regulations;

  • relevant time” means the time at which the amount of the renter's housing costs element is calculated under paragraph 21.