The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2017

Explanatory note

Reproduced verbatim from the instrument as published on legislation.gov.uk (Crown Copyright, Open Government Licence v3.0). The note is prepared by the responsible government department and is not part of the instrument itself.

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 ) (“the Orders”) to make changes to the manner in which a local housing allowance is determined.

Articles 2, 3 and 4 amend the Orders by substituting tables that provide that, for dwellings (or accommodation, in relation to Universal Credit) in specified categories in specified broad rental market areas, the local housing allowance is the lower of (a) the rent as last determined plus 3% and (b) the maximum allowance applicable to the dwelling, as specified in the table inserted by this Order.

For other dwellings, the local housing allowance is lower of the rent as last determined and the rent at the 30th percentile, determined in accordance with the Orders.

Further, this Order also amends the Orders so that any changes to a broad rental market area made as a result of a broad rental market area determination takes effect either from the 1st of April following the day on which the determination is made or, if that is within 11 months of the day on which the determination is made, the 1st of April the following year (in the case of Universal Credit, the 1st of April is replaced by the “relevant Monday”, as defined in the Regulations).

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