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The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2015

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EXPLANATORY NOTE

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This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984), the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (S.I. 1997/1995) and the Rent Officers (Universal Credit Functions) Order 2013 (S.I. 2013/382) to make changes to the manner in which the local housing allowance is determined.

Articles 2, 3 and 4(3) amend the above Orders in order to provide that, for all broad rental market areas, the local housing allowance for a category of dwelling or accommodation is either the local housing allowance determined for that category of dwelling or accommodation on 30th January 2015 (or, where the allowance is later amended or redetermined, the allowance as so amended or redetermined), or the rent at the 30th percentile determined in accordance with the above Orders where that rent is lower than that allowance.

In consequence of that change this Order omits the provisions in the above Orders that provided for the local housing allowance to be calculated in a particular way for certain listed broad rental market areas.

Article 4(2) amends article 4 of the Rent Officers (Universal Credit Functions) Order 2013 (local housing allowance determinations) to clarify the meaning of a person with an “existing” entitlement to universal credit and to provide that, in relation to such a person, a determination of a local housing allowance takes effect on the first Monday in the first tax year that occurs following the day on which the determination is made, where that is the first day of an assessment period for the person in question, or, where that first Monday is not the first day of such an assessment period, on the first day of the next assessment period for that person following that first Monday.

An impact assessment has not been provided for this instrument as it has no impact on business or civil society organisations.

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