The Income-related Benefits (Subsidy to Authorities) Order 1998

[F1 [F2 Subsidy in respect of self-contained licensed accommodation, and leased accommodation, provided by an authority as temporary or short term accommodation] E+W+S

17A.— [F3 (1) This article applies where—

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

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

(i) for self-contained accommodation which the authority has a right to use under an agreement, other than a lease, with a third party;

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

(iii) in Wales and Scotland, for accommodation which the authority holds on a lease; 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 [F4 the 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); [F5 or

(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 aggregate of—

(a) 90% of the local housing allowance for January [F7 2011] for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order [F8 (as in force on 1st January 2011)] 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.

F9 ( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) [F10 For the purposes of determining the applicable local housing allowance in paragraph (3)—

(a) for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and

(b) for accommodation which is self-contained—

(i) 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

(ii) 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 rooms suitable for living in.]]

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)

F2 Art. 17A heading substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509) , arts. 1 , 2(8)

F3 Art. 17A(1) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509) , arts. 1 , 2(9)(a)

F4 Words in art. 17A(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)

F5 Art. 17A(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)

F6 Words in art. 17A(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(9)(b)

F7 Word in art. 17A(3)(a) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509) , arts. 1 , 2(9)(c)

F8 Words in art. 17A(3)(a) inserted (with effect in accordance with art. 1(3) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957), arts. 1(1), 4(4)

F9 Art. 17A(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(9)(d)

F10 Art. 17A(4) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509) , arts. 1 , 2(9)(e)