Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 coming into force on 18th March 20114

1

The Rent Officers (Housing Benefit Functions) (Scotland) Order 19977 is amended as follows.

2

In article 4B8 (broad rental market area determinations and local housing allowance determinations)—

a

omit—

i

paragraph (2A)(a)(ii);

ii

paragraph (4) as substituted by article 6(4)(b) of the Rent Officers (Housing Benefit Functions) Amendment Order 20079;

iii

paragraph (4A);

b

in paragraph (6) omit “, (4) or (4A)”.

3

In Schedule 3B10 (broad rental market area determinations and local housing allowance determinations)—

a

in paragraph 1 (categories of dwelling)—

i

omit sub-paragraph (1)(f);

ii

in sub-paragraph (2)(b) for “to (f)” substitute “to (e)”;

b

in paragraph 2 (local housing allowance for category of dwelling in paragraph 1)—

i

for sub-paragraphs (9) and (10) substitute—

9

Subject to paragraph (12), the local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the rent at the 30th percentile in the list of rents for that category of dwelling.

10

The rent at the 30th percentile in the list of rents (“R”) is determined as follows—

a

where the number of rents on the list is a multiple of 10, the formula is—

R = the amount of the rent at P +​ the amount of the rent at P12math

where—

  1. i

    P is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10; and

  2. ii

    P1 is the following position on the list;

b

where the number of rents on the list is not a multiple of 10, the formula is—

R = the amount of the rent at P2math

where P2 is the position on the list found by multiplying the number of rents on the list by 3 and dividing by 10 and rounding the result upwards to the nearest whole number.

ii

in sub-paragraph (11) for “median rent” substitute “rent at the 30th percentile”;

iii

after sub-paragraph (11) insert—

12

Where the rent at the 30th percentile for the category of dwelling specified in the paragraph of this Schedule listed in column (1) of the following table exceeds the figure in column (2), the local housing allowance for that category of dwelling is the figure in column (2)—

(1) Paragraph of this Schedule defining the category of dwelling

(2) Maximum local housing allowance for that category of dwelling

paragraph 1(1)(a) (one bedroom, shared accommodation)

£250

paragraph 1(1)(b) (one bedroom, exclusive use)

£250

paragraph 1(1)(c) (two bedrooms)

£290

paragraph 1(1)(d) (three bedrooms)

£340

paragraph 1(1)(e) (four bedrooms)

£400

c

in paragraph 3 (anomalous local housing allowances)—

i

in sub-paragraph (1)(b) for “to (f)” substitute “to (e)”; and

ii

omit sub-paragraph (2).