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Version Superseded: 25/01/2019
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2.—(1) Subject to paragraph 5 (anomalous local housing allowances) the rent officer must determine a local housing allowance for each category of accommodation in paragraph 1 as follows.
F2( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(2A) For a broad rental market area not listed in column 1 of the table in paragraph 5A, the local housing allowance for any category of accommodation is the lower of the amounts set out in sub-paragraph (3)(a) and (b).
(2B) For a broad rental market area listed in column 1 of the table in paragraph 5A, the local housing allowance—
(a)for a category of accommodation listed in the corresponding entry in column 2 of that table, is the lower of the amounts set out in sub-paragraph (3A)(a) and (b);
(b)for a category of accommodation not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b).]
(3) [F4[F5The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—]
(a)the local housing allowance [F6last determined for that category of accommodation] (or, where the allowance is redetermined under article 6 (redeterminations), the allowance as so redetermined); [F5and]
(b)the rent at the 30th percentile determined in accordance with paragraph 3F5....]
(3A) [F7The amounts referred to in sub-paragraph (2B)(a) are—
(a)the local housing allowance [F8last determined for that category of accommodation] (or, where the determination is amended under article 6 (redeterminations), the allowance as so redetermined), plus 3%; and
(b)the maximum local housing allowance listed in column 2 of the following table for the category of accommodation—
[F91. Category of accommodation as defined in the following paragraphs of this Schedule | 2. Maximum local housing allowance for that category of accommodation |
paragraph 1(1)(a) (one bedroom, shared accommodation) | £1,163.30 |
paragraph 1(1)(b) (one bedroom, exclusive use) | £1,163.30 |
paragraph 1(1)(c) (two bedrooms) | £1,349.43 |
paragraph 1(1)(d) (three bedrooms) | £1,582.09 |
paragraph 1(1)(e) (four bedrooms) | £1,861.28]] |
(4) Where the local housing allowance would otherwise not be a whole number of pence, it must be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.]
Textual Amendments
F1Sch. 1 para. 2 substituted (13.1.2014) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2013 (S.I. 2013/2978), arts. 1, 4(3)(a)
F2Sch. 1 para. 2(2) omitted (2.11.2015) by virtue of The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2015 (S.I. 2015/1753), art. 4(3)(a) , art. 1
F3Sch. 1 para. 2(2A), (2B) inserted (23.1.2017) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 (S.I. 2016/1179), arts. 1, 4(3)(a)(i)
F4Sch. 1 para. 2(3) substituted (2.11.2015) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2015 (S.I. 2015/1753), art. 4(3)(b) , art. 1
F5Words in Sch. 1 para. 2(3) substituted and repealed (23.1.2017) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 (S.I. 2016/1179), arts. 1, 4(3)(a)(ii), (aa)
F6Words in Sch. 1 para. 2(3)(a) substituted (26.1.2018) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2017 (S.I. 2017/1323), arts. 1, 4(3)(a)
F7Sch. 1 para. 2(3A) inserted (23.1.2017) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2016 (S.I. 2016/1179), arts. 1, 4(3)(a)(iii)
F8Words in Sch. 1 para. 2(3A)(a) substituted (26.1.2018) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2017 (S.I. 2017/1323), arts. 1, 4(3)(b)(i)
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