Article 8
1. The appropriate amount—
(a)in a case to which paragraph (2), (4) or (5) of article 8 applies, shall be calculated in accordance with paragraph 2, 3 or 4 as appropriate;
(b)in a case to which paragraph (3) of that article applies, shall be calculated in accordance with paragraph 6.
2. Where the rent officer determines a reasonable market rent, and does not make a determination under paragraph 2 of Schedule 1 to the Rent Officers Order, and the amount of eligible rent does not exceed the reasonable market 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 housing benefit qualifying expenditure attributable to the reasonable market rent less ineligible amounts.
3. Where the rent officer determines a reasonable market rent, and does not make a determination under paragraph 2 of Schedule 1 to the Rent Officers Order, and the amount of eligible rent exceeds the reasonable market 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—
(a)where the allowance granted is the same as or is less than the excess—
(i)except where paragraph 5 applies, nil per cent.of the housing benefit qualifying expenditure attributable to such allowance;
(ii)where paragraph 5 applies, 60 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 5 applies, nil per cent.of the housing benefit qualifying expenditure which is equal to the excess;
(ii)where paragraph 5 applies, 60 per cent.of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 95 per cent.of the housing benefit qualifying expenditure which remains after deducting the excess.
4.—(1) Where the rent officer makes a determination under paragraph 2 of Schedule 1 to 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 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 95 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 5 applies, nil per cent.of the housing benefit qualifying expenditure attributable to such allowance;
(ii)where paragraph 5 applies, 60 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 5 applies, nil per cent.of the housing benefit qualifying expenditure which is equal to the excess;
(ii)where paragraph 5 applies, 60 per cent.of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 95 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 95 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 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 5 applies, nil per cent.of the housing benefit qualifying expenditure attributable to such allowance;
(ii)where paragraph 5 applies, 60 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 5 applies, nil per cent.of the housing benefit qualifying expenditure which is equal to the excess;
(ii)where paragraph 5 applies, 60 per cent.of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 95 per cent.of the housing benefit qualifying expenditure which remains after deducting the excess.
5. This paragraph applies where an authority has not considered it appropriate to treat a person’s eligible rent as reduced under regulation 11(1) or 12(2) of the Housing Benefit Regulations (restrictions on unreasonable rents or on rent increases).
6. For any period in respect of which article 8(3) applies, the appropriate amount shall be nil per cent.of so much of the housing benefit qualifying expenditure as is attributable to any allowances granted.
7. For the purposes of this Schedule—
(a)in a case where a claim for rent allowance is made on or after 1st April 1993, the relevant date is the date on which entitlement to benefit commences;
(b)in a case where—
(i)on 1st April 1993 there is current on that date a claim for an allowance in relation to the dwelling; and
(ii)there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1993; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers Order, save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers Order had not taken effect by 31st March 1993, the relevant date will be 13 weeks after the relevant date determined under the 1993 Order(3);
(c)in a case where—
(i)during the relevant year there has been a relevant change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations(4); 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(5) (date on which change of circumstances is to take effect) 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 a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is—
(i)if the reasonable market rent determined under the further determination is higher than or equal to the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii)if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent officer;
(e)in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—
(i)if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined 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 reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined 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.
8. For the purposes of this Schedule “termination date” means—
(a)31st March 1994; or
(b)where the rent officer’s determination replaces a determination made in relation to the same dwelling, the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 7(a); or
(c)the date on which the allowance ceases to be paid in respect of the tenancy,
whichever is earlier.
9. For the purposes of this Schedule where more than one person is liable to make payments in respect of a dwelling the “comparable rent for suitably sized accommodation” or “reasonable market rent” shall be apportioned on the same basis as such payments are apportioned under regulation 10(5) of the Housing Benefit Regulations (rent).
10. In this Schedule, unless the context otherwise requires—
“comparable rent for suitably sized accommodation” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order;
“ineligible amounts” means—
where—
the rent determination was made before 1st April 1993 or in the case of a re-determination the original rent determination was made before 1st April 1993 any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Officers Order(6) is attributable to the provision of services ineligible to be met by housing benefit, except to the extent that it relates to fuel charges, plus the amount in respect of such charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);
the rent determination was made on or after 1st April 1993, any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Officers Order 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(7) to the Housing Benefit Regulations (amount ineligible for meals);
where the dwelling is a hostel within the meaning of regulation 12A of the Regulations (requirement to refer to rent officers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to the Housing Benefit Regulations(8) (ineligible service charges), other than under sub-paragraphs (d) to (f) of that paragraph;
“reasonable market rent” means the rent determined by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order; and other expressions used in this Schedule and in the Rent Officers Order have the same meanings in this Schedule as they have in that Order.
Regulation 66 was amended by S.I.1988/1971 and 1989/1322.
Regulation 54 was amended by S.I.1990/1773.
Regulation 11 was amended by S.I.1989/566, 1990/546, 1991/235. (aaa) Regulation 12 was amended by S.I.1989/566. (bbb) See Schedule 6, paragraph 8. (ccc) Regulation 12A was inserted by regulation 5 of S.I.1990/546; and paragraph 8 was amended by S.I.1993/317. (ddd) Regulation 68 was amended by S.I.1990/546 and 1992/432. (eee) Paragraph 3(2) of Schedule 1 was amended by S.I.1991/426. (fff) Paragraph 1A of Schedule 1 was inserted by S.I.1988/1444 and amended by S.I.1989/416, 1990/2910 and 1993/349. (ggg) Paragraph 1 was amended by S.I.1988/1444 and 1991/1599.
Regulation 12 was amended by S.I. 1989/566, 1990/546,1991/235.
See Schedule 6, paragraph 8.
Regulation 12A was inserted by regulation 5 of S.I. 1990/546; and paragraph 8 was amended by S.I. 1993/317.
Regulation 68 was amended by S.I. 1990/546 and 1992/432.
Paragraph 3(2) of Schedule 1 was amended by S.I. 1991/426.