The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013
Citation and commencement1.
This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013 and comes into force on 1st September 2013.
Amendment of the Rent Officers (Housing Benefit Functions) Order 19972.
(1)
(2)
(3)
(a)
in paragraph (2A), for “In 2012 and in each subsequent year, no more than 20 working days after the applicable consumer prices index is published,” substitute “In 2014 and in each subsequent year, on the date specified in paragraph (2B),”; and
(b)
“(2B)
The date specified for the purposes of paragraph (2A) is—
(a)
15th January where that is a Tuesday; or
(b)
where 15th January is not a Tuesday, the first Tuesday following 15th January.”.
(4)
(a)
“(11)
The amount to be determined by the rent officer for the purposes of sub-paragraph (1A) is the local housing allowance last determined for that category of dwelling increased by one per cent.”; and
(b)
omit sub-paragraph (13).
Amendment to the Rent Officers (Housing Benefit Functions) (Scotland) Order 19973.
(1)
(2)
(3)
(a)
in paragraph (2A), for “In 2012 and in each subsequent year, no more than 20 working days after the applicable consumer prices index is published,” substitute “In 2014 and in each subsequent year, on the date specified in paragraph (2B),”; and
(b)
“(2B)
The date specified for the purposes of paragraph (2A) is—
(a)
15th January where that is a Tuesday; or
(b)
where 15th January is not a Tuesday, the first Tuesday following 15th January.”.
(4)
(a)
“(11)
The amount to be determined by the rent officer for the purposes of sub-paragraph (1A) is the local housing allowance last determined for that category of dwelling increased by one per cent.”; and
(b)
omit sub-paragraph (13).
Amendment to the Rent Officers (Universal Credit Functions) Order 20134.
(1)
(2)
In article 2 (interpretation) omit the definition of “applicable consumer prices index”.
(3)
In article 4 (local housing allowance determinations)—
(a)
in paragraph (2), for “No more than 20 working days after the applicable consumer prices index is published,” substitute “In 2014 and in each subsequent year, on the date specified in paragraph (2A),”; and
(b)
“(2A)
The date specified for the purposes of paragraph (2) is—
(a)
15th January where that is a Tuesday; or
(b)
where 15th January is not a Tuesday, the first Tuesday following 15th January.”.
(4)
“Amount determined by reference to the previous local housing allowance4.
The amount to be determined by the rent officer for the purposes of paragraph 2(2) is the local housing allowance last determined for that category of dwelling increased by one per cent.”.
Signed by the authority of the Secretary of State for Work and Pensions
This Order amends the Rent Officers (Housing Benefit Functions) Order 1997, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 and the Rent Officers (Universal Credit Functions) Order 2013 to make changes to how and when the local housing allowance (“LHA”) is determined.
Articles 2 to 4, respectively, amend those Orders to provide that from and including 2014, the LHA will be determined on 15th January in each year when it is a Tuesday and on the first Tuesday following the 15th January in each year when it is not. They also amend those Orders to provide that the LHA rate will be the lower of the rent at the 30th percentile of listed rents or the previous year’s LHA increased by one per cent, instead of the lower of the rent at the 30th percentile of listed rents or the previous LHA rate uprated by the Consumer Prices Index inflation published in the previous September.
An assessment of the impact of this Order has been made. A copy of the impact assessment is available alongside the instrument on www.legislation.gov.uk.