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- Point in Time (09/11/2015)
- Original (As made)
Version Superseded: 18/11/2016
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17.—(1) [F3This article applies where—
(a)a rent rebate is payable by an authority;
(b)a person (“P”) is required to pay the authority for—
(i)board and lodging accommodation; or
(ii)accommodation which is not self-contained and which the authority has a right to use under an agreement, other than a lease, with a third party; and
(c)the authority makes the accommodation available to P—
(i)to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
(ii)to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.]
(2) Where this article applies the appropriate amount is [F4the lowest] 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); [F5or
(c)F6 ... £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.]
(3) The maximum amount referred to in paragraph (2) is the local housing allowance for January [F72011] 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.
F8( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) For the purposes of this article and [F9articles 17A, 17B and 17C], 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 [F10articles 17A, 17B and 17C]—
“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.]
Textual Amendments
F1 Arts. 17-17A substituted for art. 17 (1.4.2010) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2009 (S.I. 2009/2580) , arts. 1 , 2(3)
F2Art. 17 heading substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(6)
F3Art. 17(1) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(a)
F4Words in art. 17(2) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(4)(a)(i)
F5Art. 17(2)(c) and word added (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(4)(a)(ii)
F6Words in art. 17(2)(c) omitted (1.4.2011) by virtue of Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(b)
F7Word in art. 17(3) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(c)
F8Art. 17(3A) omitted (1.4.2011) by virtue of Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(d)
F9Words in art. 17(4) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(e)
F10Words in art. 17(5) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(f)
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