SCHEDULE 4 HIGH RENTS AND RENT ALLOWANCES

Articles 13(1) and 16

F1PART I REGULATED TENANCIES

F11.

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PART II RENT OFFICERS’ DETERMINATIONS

Calculation of the appropriate amount

2.

The appropriate amount, in a case to which this Part applies, in respect of that part of the qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, shall be calculated in accordance with F2paragraph 6, 7, 8 or 9 as appropriate.

Rent officers’ determinations

3.

Except in a case to which Part III applies, this Part applies where an authority applies to a rent officer for a determination to be made under the Rent Officers Order or the Rent Officers Order 1995 in relation to a dwelling and the officer makes such a determination.

4.

This Part also applies in a case where the dwelling A is in a hostel and, by virtue of F3regulation 14(4) of the Housing Benefit Regulations or, as the case may be, regulation 14(4) of the Housing Benefit (State Pension Credit) Regulations (exemptions from requirement to refer to rent officers), an application for a determination in respect of that dwelling A is not required, because the dwelling is regarded as similar to dwelling B in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling B shall, for the purposes of this Part, be treated as if it were a determination in respect of dwelling A.

5.

This Part also applies in a case where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of F4paragraph 2 of Schedule 2 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 2 to the Housing Benefit (State Pension Credit) Regulations (cases with existing determinations) a new determination is not required in respect of another tenancy of the dwelling and in such a case the determination made shall, for the purposes of this Part, be treated as if it were a determination made in respect of that tenancy.

F56.

Except where paragraph 5 applies, this Part also applies in a case where an authority is required under F6regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations (requirement to refer to rent officer) to apply for a determination in relation to a dwelling, but the appropriate amount shall be nil if the authority fails to apply for that determination—

(a)

during the relevant year; or

(b)

as soon as possible thereafter but before the date of the due date for the submission of the final subsidy claim for the relevant year.

F7 Rent officers' property-specific rent and claim-related rent

7.

Where the rent officer either—

(a)

determines a property-specific rent but not a size-related rent and the amount of eligible rent does not exceed the property-specific rent less ineligible amounts, or

(b)

determines a claim-related rent and the amount of eligible rent does not exceed the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit F8under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), less ineligible amounts,

the appropriate amount in respect of the period beginning with the relevant date and ending with the termination date shall be F9100 per cent of that part of the qualifying expenditure attributable to the eligible rent.

8.

F10(1)

Where the rent officer either—

(a)

determines a property-specific rent but not a size-related rent and the amount of eligible rent exceeds the property-specific rent less ineligible amounts, or

(b)

determines a claim-related rent and the amount of eligible rent exceeds the aggregate of the claim-related rent and those service charges which the authority has determined as eligible to be met by housing benefit F11under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, under sub-paragraphs (a)(iv)(c) and (f) of paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), less ineligible amounts,

then, for the period beginning with the relevant date and ending with the termination date, the appropriate amount shall be determined in accordance with sub-paragraph (2) or (3), as the case may be.

(2)

Where the allowance granted is the same as or is less than the excess—

(a)

except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(b)

where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance.

(3)

Where the allowance granted is greater than the excess the appropriate amount shall be

(a)

except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(b)

where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

together with F12100 per cent. of the qualifying expenditure which remains after deducting the excess.

Rent officers’ property-specific and size-related rents

9.

(1)

Where the rent officer makes a determination that the dwelling exceeds the size criteria for its occupiers and determines both a property-specific rent and a size-related rent for that dwelling, 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)

Where the eligible rent does not exceed the designated rent, less ineligible amounts, the appropriate amount shall be F13100 per cent. of that part of the qualifying expenditure attributable to the eligible rent.

(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 does not exceed the property-specific rent less ineligible amounts, the appropriate amount shall be F13100 per cent. of that part of the qualifying expenditure attributable to the eligible rent.

(4)

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 property-specific rent less ineligible amounts—

(a)

where the allowance is the same as or is less than the excess—

(i)

except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)

where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)

where the allowance granted is greater than the excess the appropriate amount shall be—

(i)

except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)

where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case F13100 per cent. of the qualifying expenditure which remains after deducting the excess.

(5)

For the period after the end of that 13 week period, if the amount of the eligible rent exceeds the designated rent less ineligible amounts—

(a)

where the allowance is the same as or is less than the excess—

(i)

except in a case to which paragraph 10 applies, the appropriate amount shall be nil;

(ii)

where paragraph 10 applies, the appropriate amount shall be 60 per cent. of the qualifying expenditure attributable to such allowance;

(b)

where the allowance granted is greater than the excess the appropriate amount shall be—

(i)

except where paragraph 10 applies, nil per cent. of the qualifying expenditure which is equal to the excess;

(ii)

where paragraph 10 applies, 60 per cent. of the qualifying expenditure which is equal to the excess,

and in either case F13100 per cent. of the qualifying expenditure which remains after deducting the excess.

F14(6)

This paragraph does not apply where a rent officer determines a claim-related rent.

Restriction on unreasonable rents or on rent increases

10.

This paragraph applies where an authority has been unable to treat a person’s eligible rent as reduced by reason of regulation 11(3), (3A) M1, (4), as in force on 1st January 1996, or 12(2) M2 of the F15Housing Benefit (General) Regulations 1987 (restrictions on unreasonable rents or rent increases) M3, as in force on 5th October 1997.

Payments on account of rent allowance

F1611.

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Relevant date

12.

For the purposes of this Part—

(a)

in a case where a claim for rent allowance is made on or after 1st April in the relevant year, the relevant date is the date on which entitlement to benefit commences;

(b)

in a case where, on 1st April in the relevant year, there is current on that date both a claim for an allowance in relation to the dwelling and a rent officer’s determination in relation to that dwelling, the relevant date is that day and for this purpose a rent officer’s determination includes a determination, further determination or re-determination made under the Rent Officers Order or the Rent Officers Order 1995, as the case may be, save that, where a determination had not taken effect by 31st March of the year immediately preceding the relevant year, the relevant date will be 13 weeks after the relevant date determined under the 1997 Order, or, in a relevant year commencing on or after 1st April 1998, the relevant date determined for the year immediately preceding that relevant year;

(c)

in a case where, during the relevant year—

(i)

there has been a change relating to a rent allowance within the meaning of F17regulation 14(10) of the Housing Benefit Regulations or, as the case may be, regulation 14(10) of the Housing Benefit (State Pension Credit) Regulations; and

(ii)

by virtue of F18regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) 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 F19regulation 79 of the Housing Benefit Regulations or, as the case may be, regulation 59 of the Housing Benefit (State Pension Credit) Regulations (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, prior to any rent officer determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—

(i)

if the designated rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii)

if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;

(iii)

if the designated rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and, in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling, paragraph 7 shall apply to that excess;

F20(e)

in a case where the rent officer has made a re-determination, substitute determination or substitute re-determination, the relevant date is—

(i)

if the designated rent determination under the re-determination, substitute determination or substitute 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 designated rent determination under the re-determination, substitute determination or substitute re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination, substitute determination or substitute re-determination is made by the rent officer.

Termination date

13.

For the purposes of this Part “termination date" means—

(a)

31st March in the relevant year; or

(b)

where the rent officer’s determination replaces a determination made in relation to the same dwelling, the day before the relevant date of the new determination by the rent officer in relation to the same dwelling as defined by paragraph 12; or

(c)

the date on which the allowance ceases to be paid in respect of the tenancy,

whichever is the earlier date in the relevant year.

PART III RECKONABLE RENT CASES

F2114.

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15.

In a case where article 16(4)(c) applies, the appropriate amount shall be, for the period of 13 weeks prescribed in F22regulation 13(14) of the Housing Benefit Regulations or, as the case may be, regulation 13(14) of the Housing Benefit (State Pension Credit) Regulations, F23100 per cent. of the eligible rent less ineligible amounts.

PART IV GENERAL AND INTERPRETATION

Apportionment

16.

For the purposes of this Schedule, where more than one person is liable to make payments in respect of a dwelling the designated rent shall be apportioned on the same basis as such payments are apportioned under F24regulation 12(5) of the Housing Benefit Regulations or, as the case may be, regulation 12(5) of the Housing Benefit (State Pension Credit) Regulations (rent).

Interpretation

17.

(1)

In this Schedule, unless the context otherwise requires—

  • “appropriate indicative rent level" means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in paragraph 11 of Schedule 1 to the Rent Officers Order or paragraph 9 of Schedule 1 to the Rent Officers Order 1995, as the case may be, except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under F25paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (meal F26... charges);

  • F27“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;

  • “designated rent" means—

    1. (a)

      in a case where a rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two;

    2. (b)

      in a case where a rent officer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;

    3. (c)

      F28in a case where a rent officer has determined a claim-related rent, that rent;

  • F29“ineligible amounts” means—

    1. (a)

      in a case where the rent officer has determined a claim-related rent—

      1. (i)

        any amount in respect of amounts ineligible to be met by housing benefit under F30paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Part 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (amounts ineligible for meals);

      2. (ii)

        F31where the dwelling is a hostel as defined in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation), any amount ineligible to be met by housing benefit under (as the case may be)—

      3. (aa)

        paragraph 1 of Schedule 1 to the Housing Benefit Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph; or

      4. (bb)

        paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of that paragraph;

    2. (b)

      in any other case, except as provided in the definition of “property-specific rent less ineligible amounts” below,—

      1. (i)

        any amount which the rent officer determines 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 F32under Part 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, Part 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (payments in respect of fuel charges);

      2. (ii)

        any amount in respect of amounts ineligible to be met by housing benefit under F33paragraph 2 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 2 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (amounts ineligible for meals);

      3. (iii)

        where the dwelling is in a hostel as defined in regulation 2 of the Housing Benefit Regulations (interpretation), any amount ineligible to be met by housing benefit under F34paragraph 1 of Schedule 1 to those Regulations or, as the case may be, paragraph 1 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges), other than sub-paragraphs (d) to (f) of those paragraphs.

  • “property-specific rent", except as provided in the definition of “property-specific rent less ineligible amounts" below, means the rent determined by a rent officer under paragraph 1(2) of Schedule 1 to the Rent Officers Order or to the Rent Officers Order 1995, as the case may be, except in a case where a rent officer has made a rent determination under paragraph 3 of that Schedule, when it means that rent;

  • “property-specific rent less ineligible amounts" has the meaning otherwise ascribed to those terms in this paragraph, except, subject to article 23(1), in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that the exceptionally high rent determined by him does not include a payment ineligible for housing benefit under F35paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) or paragraph 5 of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (ineligible service charges for food and fuel), as the case may be (“ineligible payments"), when it means that exceptionally high rent less ineligible amounts other than ineligible payments;

  • “size-related rent" means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Officers Order or the Rent Officers Order 1995, as the case may be,

and other expressions used both in this Schedule and in the Rent Officers Order or the Rent Officers Order 1995, as the case may be, or in both this Schedule F36and (as the case may be) in regulation 13 of the Housing Benefit Regulations or regulation 13 of the Housing Benefit (State Pension Credit) Regulations shall have the same meanings in this Schedule as they have in that Order or in that regulation, as the case may be.

(2)

Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, a reference to the last such determination.

(3)

In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—

(a)

the terms of the tenancy of a dwelling; or

(b)

the size or composition of the household occupying that dwelling,

which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.

F37PART V THRESHOLD ABOVE WHICH REDUCED SUBSIDY IS PAYABLE ON RENT ALLOWANCES

18.

The Table referred to in paragraph 1 is—

(1)

(2)

Threshold (weekly sum)

Rent Registration Area

(£)

ENGLAND

Avon

169.06

Barking & Dagenham

173.53

Barnet

228.90

Bedfordshire

93.92

Berkshire

176.00

Bexley

183.83

Brent

201.33

Bromley

206.83

Buckinghamshire

214.25

Cambridgeshire

96.04

Camden

258.22

Cheshire

192.69

City

257.93

Cleveland

123.96

Cornwall

152.47

Croydon

210.30

Cumbria

148.07

Derbyshire

109.04

Devon

159.42

Dorset

161.43

Durham

120.78

Ealing

201.31

East Sussex

243.14

Enfield

171.21

Essex

112.27

Gloucestershire

150.23

Greater Manchester

166.32

Greenwich

184.28

Hackney

168.29

Hammersmith and Fulham

198.12

Hampshire

229.91

Haringey

190.26

Harrow

212.68

Havering

172.24

Hereford and Worcester

171.24

Hertfordshire

123.15

Hillingdon

182.32

Hounslow

204.37

Humberside

100.85

Isle of Wight

196.27

Islington

196.67

Kensington and Chelsea

246.89

Kent

236.29

Kingston upon Thames

252.06

Lambeth

162.14

Lancashire

167.71

Leicestershire

124.72

Lewisham

150.72

Lincolnshire

114.45

Merseyside

183.43

Merton

223.17

Newham

163.27

Norfolk

85.12

North Yorkshire

120.36

Northamptonshire

134.38

Northumberland

118.67

Nottinghamshire

132.56

Oxfordshire

259.00

Redbridge

164.61

Richmond upon Thames

252.06

Shropshire

163.64

Somerset

151.91

South Yorkshire

90.46

Southwark

174.93

Staffordshire

153.70

Suffolk

87.52

Surrey

285.52

Sutton

191.01

Tower Hamlets

181.82

Tyne & Wear

113.32

Waltham Forest

140.88

Wandsworth

221.47

Warwickshire

164.56

West Midlands

161.13

West Sussex

249.11

West Yorkshire

100.63

Westminster

257.93

Wiltshire

156.85

WALES

Clwyd

87.91

Dyfed

77.40

Gwent

85.12

Gwynedd

78.89

Mid Glamorgan

90.05

Powys

86.11

South Glamorgan

100.64

West Glamorgan

86.67

SCOTLAND

Aberdeen

116.83

Aberdeenshire

126.66

Angus

116.83

Argyll-Bute

107.61

Clackmannanshire

150.40

Comhairlie Nan Eilean Siar

172.53

Dumfries & Galloway

125.40

Dundee

116.83

East Ayrshire

103.93

East Dunbartonshire

133.48

East Lothian

132.78

East Renfrewshire

180.26

Edinburgh,City of

132.78

Falkirk

117.91

Fife

116.83

Glasgow

103.93

Highland

114.79

Inverclyde

103.93

Midlothian

132.78

Moray

116.83

North Ayrshire

103.93

North Lanarkshire

103.93

Orkney

116.83

Perth & Kinross

124.08

Renfrewshire

103.93

Scottish Borders

132.78

Shetland

116.83

South Ayrshire

119.53

South Lanarkshire

103.93

Stirling

121.19

West Dunbartonshire

103.93

West Lothian

132.78