housing Citation, commencement and interpretation 1 1 This Order may be cited as the Rent Officers (Housing Benefit Functions) Amendment Order 2007. 2 This article and articles 2 (application of the Rent Officers Order ), 3 (amendment of the Rent Officers Order), 11 (application of the Rent Officers (Scotland) Order ) and 12 (amendment of the Rent Officers (Scotland) Order) shall come into force on 20th March 2008. 3 Articles 4 and 13 shall come into force on 20th March immediately after the coming into force of articles 2, 3, 11 and 12. 4 Articles 5 to 10 and 14 to 19 shall come into force on 7th April 2008. 5 In this Order— “local authority” has the same meaning as in the Social Security Administration Act 1992 ; “the Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 ; and “the Rent Officers (Scotland) Order” means Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 . Application of the Rent Officers Order 2 Those provisions of the Rent Officers Order which on 19th March 2008 apply only in relation to the area of a local authority listed in the Schedule, shall apply in the same way to the area of every other local authority in England and Wales. Amendment of the Rent Officers Order 3 The Rent Officers Order shall be amended in accordance with the following provisions of this Order. Amendments to the Rent Officers Order relating to the local housing allowance coming into force on 20th March 2008 4 1 In article 2 (interpretation)— a in the definition of “broad rental market area” after “paragraph 4 of Part 1 of Schedule 3A” insert “or paragraph 4 of Schedule 3B, as the case may be,”; b in the definition for “broad rental market area determination” after “article 4B(1)” insert “or 4B(1A), as the case may be”; c in the definition of “local housing allowance determination” after “article 4B(2)” insert “or article 4B(2A), as the case may be”; d after the definition of “tenancy” add— working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 . . 2 In article 4B (broad rental market area determinations and local housing allowance determinations)— a in paragraph (1) for “local authority” in the first place in which it occurs substitute “pathfinder authority”; b after paragraph (1) insert— 1A On 20th March 2008 and so often thereafter as a rent officer considers appropriate, a rent officer shall, in relation to each local authority,— a determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and b give to that local authority a notice which— i specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and ii identifies such of those postcodes as fall within the area of that authority. ; c after paragraph (2) insert— 2A No more than 10 and not less than 8 working days before the end of each month a rent officer shall— a for each broad rental market area determine, in accordance with the provisions of Schedule 3B— i a local housing allowance for each of the categories of dwelling set out in paragraph 1 of Schedule 3B; and ii local housing allowances for such other categories of dwelling of more than five bedrooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit; and b give to each local authority notice of the local housing allowance determination made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority. ; d after paragraph (3) insert— 3A Any broad rental market area determination made in accordance with paragraph (1A), or local housing allowance determination made in accordance with paragraph (2A) before 7th April 2008, shall take effect on 7th April 2008 and any subsequent determination shall take effect on the first working day of the month which begins after the day on which the determination is made. ; e after paragraph (5) insert— 6 Where a rent officer has made a local housing allowance determination in accordance with paragraph (2A) he shall— a make an approximate monthly allowance determination in relation to that local housing allowance determination; and b give notice of the approximate monthly allowance determination to each authority to which he is required to give notice of the local housing allowance determination when he gives notice of that determination. . 3 In article 7A (errors)— a in paragraph (3)— i after “broad rental market area determination” insert “determined in accordance with article 4B(1)”; ii after “local housing allowance determination” insert “determined in accordance with article 4B(2)”; b after paragraph (3) insert— 4 If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination determined in accordance with article 4B(1A) or a local housing allowance determination determined in accordance with article 4B(2A), he shall notify any local authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it. . 4 After Schedule 3A insert— SCHEDULE 3B Broad rental market area determinations and local housing allowance determinations Article 4B Categories of dwelling 1 1 The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2A)(a)(i) are— a a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of— i a kitchen; ii a bathroom; iii a toilet; or iv a room suitable for living in; b a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in; c a dwelling where the tenant has the use of only two bedrooms; d a dwelling where the tenant has the use of only three bedrooms; e a dwelling where the tenant has the use of only four bedrooms; f a dwelling where the tenant has the use of only five bedrooms. 2 In— a sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations ; b sub-paragraph (1)(c) to (f) “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than— i a member of his household; ii a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or iii a person who pays rent to the tenant. Local housing allowance for category of dwelling in paragraph 1 2 1 Subject to paragraph 3 (anomalous local housing allowances), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 in accordance with the following sub-paragraphs. 2 The rent officer must compile a list of rents. 3 A list of rents means a list in ascending order of the rents which, in the rent officer’s opinion, are payable at the date of the determination for a dwelling let under an assured tenancy which meets the criteria specified in sub-paragraph (5). 4 The list must include any rents which are of the same amount. 5 The criteria for including an assured tenancy on the list of rents in relation to each category of dwelling specified in paragraph 1 are— a that the dwelling let under the assured tenancy is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined; b that the dwelling is in a reasonable state of repair; and c that the assured tenancy permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list of rents is being compiled. 6 Where rent is payable other than weekly the rent officer must use the figure which would be payable if the rent were to be payable weekly by— a multiplying the rent by an appropriate figure to obtain the rent for a year; b dividing the total in (a) by 365; and c multiplying the total in (b) by 7. 7 When compiling the list of rents for each category of dwelling, the rent officer must— a assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and b exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit. 8 When compiling the list of rents, the rent officer may include rents in other similar areas in which he believes a comparable market exists where he is not satisfied that the broad rental market area contains a sufficient number of dwellings that accord with the relevant category of dwelling set out in paragraph 1 to enable him to make a local housing allowance determination. 9 The local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the median rent in the list of rents for that category of dwelling. 10 The median rent is determined as follows— a where there is an even number of rents on the list, the formula is— the amount of the rent at P + the amount of the rent at P1 2 = the local housing allowance where P is the position on the list defined by dividing the number of rents on the list by 2 and P1 is the following position on the list. b where there is an odd number of rents on the list, the formula is— the number of rents on the list + 1 2 = L where L is the position on the list in which the rent used to identify the local housing allowance lies. 11 Where the median rent is not a whole number of pence, the rent 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. Anomalous local housing allowances 3 1 Where— a the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with the preceding paragraphs of this Schedule; and b the local housing allowance for a category of dwelling in paragraph 1(1)(b) to (f) is lower than the local housing allowance for any of the categories of dwelling which precede it, that local housing allowance shall be the same as the highest local housing allowance which precedes it. 2 Where— a the rent officer has determined a local housing allowance following an application made under article 4B(4); and b that local housing allowance is lower than the local housing allowance for the category of dwelling in paragraph 1(1)(f), that local housing allowance shall be the same as the local housing allowance for the category of dwelling in paragraph 1(1)(f). Broad rental market area 4 In this Schedule “broad rental market area” means an area— a comprising two or more distinct areas of residential accommodation, each distinct area of residential accommodation adjoining at least one other in the area; b within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from facilities and services of the same type and similar standard; and c containing residential premises of a variety of types, and including such premises held on a variety of tenancies. . Amendments to the Rent Officers Order relating to the local housing allowance coming into force on 7th April 2008 5 1 In article 3(2)(a) (determinations) omit “, except for a local authority which is a pathfinder authority,”. 2 In article 4B(6) (broad rental market area determinations and local housing allowance determinations) after “paragraph (2A)” insert “, (4) or (4A)”. Amendments to the Rent Officers Order relating to the local housing allowance coming into force on 7th April 2008 save for certain purposes 6 1 This article shall not apply where— a a board and attendance determination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination is to be made and the application for the board and attendance determination or original board and attendance determination was made by virtue of regulation 13A(6) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; b a local housing allowance determination is to be made and the application was made by virtue of regulation 13A(4) or (5) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(4) or (5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; or c an error in relation to a broad rental market area determination, local housing allowance determination, board and attendance determination or a board and attendance redetermination is to be corrected and the original determination was made in accordance with the Rent Officers Order as in force immediately before 7th April 2008. 2 For the purpose of sub-paragraph (1)(c) “original determination” means the broad rental market area determination, local housing allowance determination, board and attendance determination or board and attendance redetermination to which the correction of an error relates. 3 In article 2 — a for the definition of “broad rental market area” substitute— “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B; ; b for the definition of “broad rental market area determination” substitute— “broad rental market area determination” means a determination made in accordance with article 4B(1A); ; c for the definition of “local housing allowance determination” substitute— “local housing allowance determination” means a determination made in accordance with article 4B(2A); ; d omit the definition of “pathfinder authority”. e for the definition of “relevant date” substitute— “relevant date” means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations; . 4 In article 4B (broad rental market area determinations and local housing allowance determinations)— a omit paragraphs (1), (2) and (3); b for paragraph (4) substitute— 4 Where a local authority makes an application in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine, in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the local authority that made the application, at the relevant date. 4A Where a local authority makes an application in accordance with regulation 13D(8) of the Housing Benefit Regulations or, as the case may be, regulation 13D(8) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the areas of the local authority. . c in paragraph (5)— i in sub-paragraph (a) for “pathfinder authority” substitute “local authority”; ii in sub-paragraph (b) after “relevant date falls” insert “, except that no such determination can have effect before 7th April 2008”; iii in sub-paragraph (c) after “sub-paragraph (a)” insert “, except that no such determination can have effect before 7th April 2008”. 5 For article 4C(1) and (2) (board and attendance determinations and notifications) substitute— 4C 1 Where a relevant authority makes an application to a rent officer in accordance with regulation 13D(10) of the Housing Benefit Regulations or, as the case may be, regulation 13D(10) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine whether or not a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance. 2 Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance, he shall— a notify the relevant authority accordingly; and b treat the application as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations. . 6 In articles 4D (board and attendance redeterminations) and 4E (substitute board and attendance determinations and substitute board and attendance redeterminations) for “pathfinder authority” in both places in which it occurs substitute “local authority”. 7 In article 7A (errors)— a in paragraph (2) for “pathfinder authority” substitute “local authority”; b omit paragraph (3). 8 Omit Schedule 3A. Amendments to the Rent Officers Order relating to information sharing coming into force on 7th April 2008 save for certain purposes 7 1 This article shall not apply where information is provided to the rent officer by virtue of regulation 14 or 114 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 14 or 95 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008. 2 For Article 4C(4) (board and attendance determinations and notifications) substitute— 4 Where an application for a board and attendance determination is treated as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations, then, for the purposes of paragraph (a)(ii) of the definition of “relevant period” in article 2(1), it shall be treated as having been received on the day on which the further information provided in accordance with regulation 114A(4) of the Housing Benefit Regulations or regulation 95A(4) of the Housing Benefit (State Pension Credit) Regulations is received. . 3 In article 5 (insufficient information) for “, he shall serve notice on the local authority requesting that information” substitute “where the information supplied under regulation 114A of the Housing Benefit Regulations or regulation 95A of the Housing Benefit (State Pension Credit) Regulations was incomplete or incorrect, he shall serve notice on the local authority requesting it to supply the further information required under regulation 114A or regulation 95A, as the case may be, or to confirm whether the information already supplied is correct and, if it is not, to supply the correct information”. 4 For paragraph 7(3) of Part 2 of Schedule 1 substitute— 3 For the purposes of paragraphs 1, 2, 3, and 6 of Part 1 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is— a where an amount is notified to the rent officer under regulation 114A(4)(b) of the Housing Benefit Regulations or, as the case may be, regulations 95A(4)(b) of the Housing Benefit (State Pension Credit) Regulations in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or b in any other case, the total amount stated under regulation 114A(3)(d) of the Housing Benefit Regulations or, as the case may be regulation 95A(3)(d) of the Housing Benefit (State Pension Credit) Regulations less the total of any ineligible charges included in that stated amount. . Amendments to the Rent Officers Order relating to ineligible service charges coming into force on 7th April 2008 save for certain purposes 8 1 This article shall not apply where the rent officer is required to make a determination under paragraphs 1, 2, 3, or 6 of Part 1 of Schedule 1 to the Rent Officers Order by virtue of— a an application made under— i regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or ii regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or b an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii). 2 For paragraph 7(1) (ineligible charges and support charges) of Part 2 of Schedule 1 substitute— 1 “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals). . Amendments to the Rent Officers Order relating to claim-related rent coming into force on 7th April 2008 save for certain purposes 9 1 This article shall not apply where the rent officer has made a determination under paragraphs 1, 2, 3, 4 or 5 of Part 1 of Schedule 1 to the Rent Officers Order and that determination was made in relation to— a an application under— i regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or ii regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or b an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii). 2 In paragraph 6 of Part 1 of Schedule 1— a for sub-paragraph (1) substitute— 1 In this paragraph, and in paragraph 9, “claim-related rent” means the claim-related rent determined by the rent officer in accordance with paragraph (2A). ; b after sub-paragraph (1) insert— 2A The rent officer shall determine that the claim-related rent is— a where he makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs; b where he makes a determination under only two of the sub-paragraphs referred to in paragraph (a), the lower of the two rents determined under those sub-paragraphs; c where he makes a determination under only one of the sub-paragraphs referred to in paragraph (a), the rent determined under that sub-paragraph; d where he does not make a determination under any of the sub-paragraphs referred to in sub-paragraph (a), the rent payable under the tenancy of the dwelling at the relevant time. . c omit sub-paragraph (2); and d in sub-paragraph (3) omit “Where the dwelling is not in a hostel,”. 3 In paragraph 9(1) of Part 3 of Schedule 1— a for sub-paragraph (1)(c) substitute— c where that claim-related rent includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals), the inclusion of an ineligible amount in respect of meals; ; b after sub-paragraph (1)(d) insert— da where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and . Amendments to the Rent Officers Order which remake amendments made by the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 10 1 In article 2 (interpretation)— a for the definition of “hostel” substitute— “hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations; ; b after that definition insert— “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006; “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ; c for the definition of “rent” substitute— “rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations; ; d omit the definition of the “1987 Regulations”. 2 In article 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001), for “regulation 12A of the 1987 Regulations” substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”. 3 In article 4A (substitute determinations and substitute redeterminations), for “regulation 12C of the 1987 Regulations” substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”. 4 In article 4E (substitute board and attendance determinations and substitute board and attendance redeterminations), wherever “regulation 12C of the 1987 Regulations” occurs, substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”. 5 In article 6 (exceptions)— a in paragraph (2) for “regulation 7(3) of the 1987 Regulations” substitute “regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations”; and b in paragraph (3), for “the 1987 Regulations” substitute “the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations”. 6 In article 7 (special cases), for “regulation 10(1) of the 1987 Regulations” substitute “regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations”. 7 In Schedule 1 — a in Part 1, in paragraph 4(4) (local reference rents), for the definition of “non-dependant” substitute— “non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations; ; b in Part 4, in paragraph 11(5)(b) (indicative rent levels), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations”. 8 In Schedule 3A (categories of dwelling) , in Part 1, in paragraph 1(2)(b), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations.”. Application of the Rent Officers (Scotland) Order 11 Those provisions of the Rent Officers (Scotland) Order which on 19th March 2008 apply only in relation to the areas of the local authority of Argyll and Bute and the local authority of Edinburgh, shall apply in the same way to the area of every other local authority in Scotland. Amendments to the Rent Officers (Scotland) Order 12 The Rent Officers (Scotland) Order shall be amended in accordance with the following provisions of this Order. Amendments to the Rent Officers (Scotland) Order relating to the local housing allowance coming into force on 20th March 2008 13 1 In article 2 (interpretation)— a in the definition of “broad rental market area” after “paragraph 4 of Part 1 of Schedule 3A” insert “or paragraph 4 of Schedule 3B, as the case may be,”; b in the definition for “broad rental market area determination” after “article 4B(1)” insert “or 4B(1A), as the case may be”; c in the definition of “local housing allowance determination” after “article 4B(2)” insert “or article 4B(2A), as the case may be”; d after the definition of “tenancy” add— working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971 . . 2 In article 4B (broad rental market area determinations and local housing allowance determinations)— a in paragraph (1) for “local authority” in the first place in which it occurs substitute “pathfinder authority”; b after paragraph (1) insert— 1A On 20th March 2008 and so often thereafter as a rent officer considers appropriate, a rent officer shall, in relation to each local authority,— a determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; and b give to that local authority a notice which— i specifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; and ii identifies such of those postcodes as fall within the area of that authority. ; c after paragraph (2) insert— 2A No more than 10 and not less than 8 working days before the end of each month a rent officer shall— a for each broad rental market area determine, in accordance with the provisions of Schedule 3B— i a local housing allowance for each of the categories of dwelling set out in paragraph 1 of Schedule 3B; and ii local housing allowances for such other categories of dwelling of more than five bedrooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit; and b give to each local authority notice of the local housing allowance determination made in accordance with paragraph (a) for each broad rental market area falling within, in whole or in part, the area of that authority. ; d after paragraph (3) insert— 3A Any broad rental market area determination made in accordance with paragraph (1A), or local housing allowance determination made in accordance with paragraph (2A) before 7th April 2008, shall take effect on 7th April 2008 and any subsequent determination shall take effect on the first working day of the month which begins after the day on which the determination is made. ; e after paragraph (5) insert— 6 Where a rent officer has made a local housing allowance determination in accordance with paragraph (2A) he shall— a make an approximate monthly allowance determination in relation to that local housing allowance determination; and b give notice of the approximate monthly allowance determination to each authority to which he is required to give notice of the local housing allowance determination when he gives notice of that determination. . 3 In article 7A (errors)— a in paragraph (3)— i after “broad rental market area determination” insert “determined in accordance with article 4B(1)”; ii after “local housing allowance determination” insert “determined in accordance with article 4B(2)”; b after paragraph (3) insert— 4 If a rent officer is of the opinion that he has made an error (other than in the application of his professional judgement) in relation to a broad rental market area determination determined in accordance with article 4B(1A) or a local housing allowance determination determined in accordance with article 4B(2A), he shall notify any local authority to which notification of that determination was sent of the error, and the amended determination, as soon as practicable after he becomes aware of it. . 4 After Schedule 3A insert— SCHEDULE 3B Broad rental market area determinations and local housing allowance determinations Article 4B Categories of dwelling 1 1 The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2A)(a)(i) are— a a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to share the use of one or more of— i a kitchen; ii a bathroom; iii a toilet; or iv a room suitable for living in; b a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in; c a dwelling where the tenant has the use of only two bedrooms; d a dwelling where the tenant has the use of only three bedrooms; e a dwelling where the tenant has the use of only four bedrooms; f a dwelling where the tenant has the use of only five bedrooms. 2 In— a sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations; b sub-paragraph (1)(c) to (f) “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than— i a member of his household; ii a non-dependant of the tenant (within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations); or iii a person who pays rent to the tenant. Local housing allowance for category of dwelling in paragraph 1 2 1 Subject to paragraph 3 (anomalous local housing allowances), the rent officer must determine a local housing allowance for each category of dwelling in paragraph 1 in accordance with the following sub-paragraphs. 2 The rent officer must compile a list of rents. 3 A list of rents means a list in ascending order of the rents which, in the rent officer’s opinion, are payable at the date of the determination for a dwelling let under an assured tenancy which meets the criteria specified in sub-paragraph (5). 4 The list must include any rents which are of the same amount. 5 The criteria for including an assured tenancy on the list of rents in relation to each category of dwelling specified in paragraph 1 are— a that the dwelling let under the assured tenancy is in the broad rental market area for which the local housing allowance for that category of dwelling is being determined; b that the dwelling is in a reasonable state of repair; and c that the assured tenancy permits the tenant to use exclusively or share the use of, as the case may be, the same number and type of rooms as the category of dwelling in relation to which the list of rents is being compiled. 6 Where rent is payable other than weekly the rent officer must use the figure which would be payable if the rent were to be payable weekly by— a multiplying the rent by an appropriate figure to obtain the rent for a year; b dividing the total in (a) by 365; and c multiplying the total in (b) by 7. 7 When compiling the list of rents for each category of dwelling, the rent officer must— a assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and b exclude the amount of any rent which, in the rent officer’s opinion, is fairly attributable to the provision of services performed for, or facilities (including the use of furniture) provided for, or rights made available to, the tenant which are ineligible to be met by housing benefit. 8 When compiling the list of rents, the rent officer may include rents in other similar areas in which he believes a comparable market exists where he is not satisfied that the broad rental market area contains a sufficient number of dwellings that accord with the relevant category of dwelling set out in paragraph 1 to enable him to make a local housing allowance determination. 9 The local housing allowance for each category of dwelling specified in paragraph 1 is the amount of the median rent in the list of rents for that category of dwelling. 10 The median rent is determined as follows— a where there is an even number of rents on the list, the formula is— the amount of the rent at P + the amount of the rent at P1 2 = the local housing allowance where P is the position on the list defined by dividing the number of rents on the list by 2 and P1 is the following position on the list. b where there is an odd number of rents on the list, the formula is— the number of rents on the list + 1 2 = L where L is the position on the list in which the rent used to identify the local housing allowance lies. 11 Where the median rent is not a whole number of pence, the rent 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. Anomalous local housing allowances 3 1 Where— a the rent officer has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with the preceding paragraphs of this Schedule; and b the local housing allowance for a category of dwelling in paragraph 1(1)(b) to (f) is lower than the local housing allowance for any of the categories of dwelling which precede it, that local housing allowance shall be the same as the highest local housing allowance which precedes it. 2 Where— a the rent officer has determined a local housing allowance following an application made under article 4B(4); and b that local housing allowance is lower than the local housing allowance for the category of dwelling in paragraph 1(1)(f), that local housing allowance shall be the same as the local housing allowance for the category of dwelling in paragraph 1(1)(f). Broad rental market area 4 In this Schedule “broad rental market area” means an area— a comprising two or more distinct areas of residential accommodation, each distinct area of residential accommodation adjoining at least one other in the area; b within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from facilities and services of the same type and similar standard; and c containing residential premises of a variety of types, and including such premises held on a variety of tenancies. . Amendments to the Rent Officers (Scotland) Order relating the to local housing allowance coming into force on 7th April 2008 14 1 In article 3(2)(a) (determinations) omit “except in relation to the area of a local authority which is a pathfinder authority”. 2 In article 4B(6) (broad rental market area determinations and local housing allowance determinations) after “paragraph (2A)” insert “, (4) or (4A)”. Amendments to the Rent Officers (Scotland) Order relating to the local housing allowance coming into force on 7th April 2008 save for certain purposes 15 1 This article shall not apply where— a a board and attendance determination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination is to be made and the application for the board and attendance determination or original board and attendance determination was made by virtue of regulation 13A(6) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(6) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; b a local housing allowance determination is to be made and the application was made by virtue of regulation 13A(4) or (5) of the Housing Benefit Regulations 2006 or, as the case may be, regulation 13A(4) or (5) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008; or c an error in relation to a broad rental market area determination, local housing allowance determination, board and attendance determination or a board and attendance redetermination is to be corrected and the original determination was made in accordance with the Rent Officers (Scotland) Order as in force immediately before 7th April 2008. 2 For the purpose of sub-paragraph (1)(c) “original determination” means the broad rental market area determination, local housing allowance determination, board and attendance determination or board and attendance redetermination to which the correction of an error relates. 3 In article 2 — a for the definition of “broad rental market area” substitute— “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B; ; b for the definition of “broad rental market area determination” substitute— “broad rental market area determination” means a determination made in accordance with article 4B(1A); ; c for the definition of “local housing allowance determination” substitute— “local housing allowance determination” means a determination made in accordance with article 4B(2A); ; d omit the definition of “pathfinder authority”. e for the definition of “relevant date” substitute— “relevant date” means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations; . 4 In article 4B (broad rental market area determinations and local housing allowance determinations)— a omit paragraphs (1), (2) and (3); b for paragraph (4) substitute— 4 Where a local authority makes an application in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine, in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling at the relevant date, for each broad rental market area falling within, in whole or in part, the area of the local authority that made the application, at the relevant date. 4A Where a local authority makes an application in accordance with regulation 13D(8) of the Housing Benefit Regulations or, as the case may be, regulation 13D(8) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine in accordance with the provisions of Schedule 3B and as soon as is reasonably practicable, the local housing allowance for that category of dwelling for each broad rental market area falling within, in whole or in part, the areas of the local authority. . c in paragraph (5)— i in sub-paragraph (a) for “pathfinder authority” substitute “local authority”; ii in sub-paragraph (b) after “relevant date falls” insert “, except that no such determination can have effect before 7th April 2008”; iii in sub-paragraph (c) after “sub-paragraph (a)” insert “, except that no such determination can have effect before 7th April 2008”. 5 For article 4C(1) and (2) (board and attendance determinations and notifications) substitute— 4C 1 Where a relevant authority makes an application to a rent officer in accordance with regulation 13D(10) of the Housing Benefit Regulations or, as the case may be, regulation 13D(10) of the Housing Benefit (State Pension Credit) Regulations, a rent officer shall determine whether or not a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance. 2 Where a rent officer determines that a substantial part of the rent under the tenancy at the relevant time is fairly attributable to board and attendance, he shall— a notify the relevant authority accordingly; and b treat the application as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations. . 6 In articles 4D (board and attendance redeterminations) and 4E (substitute board and attendance determinations and substitute board and attendance redeterminations) for “pathfinder authority” in both places in which it occurs substitute “local authority”. 7 In article 7A (errors)— a in paragraph (2) for “pathfinder authority” substitute “local authority”; b omit paragraph (3). 8 Omit Schedule 3A. Amendments to the Rent Officers (Scotland) Order relating to information sharing coming into force on 7th April 2008 16 1 This article shall not apply where information is provided to the rent officer by virtue of regulation 14 or 114 of the Housing Benefit Regulations 2006 or, as the case may be, regulation 14 or 95 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before 7th April 2008. 2 For Article 4C(4) (board and attendance determinations and notifications) substitute— 4 Where an application for a board and attendance determination is treated as if it had been made in accordance with regulation 14(1) of the Housing Benefit Regulations or, as the case may be, regulation 14(1) of the Housing Benefit (State Pension Credit) Regulations, then, for the purposes of paragraph (a)(ii) of the definition of “relevant period” in article 2(1), it shall be treated as having been received on the day on which the further information provided in accordance with regulation 114A(4) of the Housing Benefit Regulations or regulation 95A(4) of the Housing Benefit (State Pension Credit) Regulations is received. . 3 In article 5 (insufficient information) for “, he shall serve notice on the local authority requesting that information” substitute “where the information supplied under regulation 114A of the Housing Benefit Regulations or regulation 95A of the Housing Benefit (State Pension Credit) Regulations was incomplete or incorrect, he shall serve notice on the local authority requesting it to supply the further information required under regulation 114A or regulation 95A, as the case may be, or to confirm whether the information already supplied is correct and, if it is not, to supply the correct information”. 4 For paragraph 7(3) of Part 2 of Schedule 1 substitute— 3 For the purposes of paragraphs 1, 2, 3, and 6 of Part 1 of this Schedule, the rent officer shall assume that the rent payable under the tenancy at the relevant time is— a where an amount is notified to the rent officer under regulation 114A(4)(b) of the Housing Benefit Regulations or, as the case may be, regulations 95A(4)(b) of the Housing Benefit (State Pension Credit) Regulations in respect of that tenancy, that notified amount less the total of any ineligible charges included in that amount; or b in any other case, the total amount stated under regulation 114A(3)(d) of the Housing Benefit Regulations or, as the case may be regulation 95A(3)(d) of the Housing Benefit (State Pension Credit) Regulations less the total of any ineligible charges included in that stated amount. . Amendments to the Rent Officers (Scotland) Order relating to ineligible service charges coming into force on 7th April 2008 save for certain purposes 17 1 This article shall not apply where the rent officer is required to make a determination under paragraphs 1, 2, 3, or 6 of Part 1 of Schedule 1 to the Rent Officers (Scotland) Order by virtue of— a an application made under— i regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or ii regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 ; or b an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii). 2 For paragraph 7(1) (ineligible charges and support charges) of Part 2 of Schedule 1 substitute— 1 ”ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals). . Amendments to the Rent Officers (Scotland) Order relating to claim-related rent coming into force on 7th April 2008 save for certain purposes 18 1 This article shall not apply where the rent officer has made a determination under paragraphs 1, 2, 3, 4 or 5 of Part 1 of Schedule 1 to the Rent Officers (Scotland) Order and that determination was made in relation to— a an application under— i regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or ii regulation 14 of the as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007; or b an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii). 2 In paragraph 6 of Part 1 of Schedule 1— a for sub-paragraph (1) substitute— 1 In this paragraph, and in paragraph 9, “claim-related rent” means the claim-related rent determined by the rent officer in accordance with paragraph (2A). ; b after sub-paragraph (1) insert— 2A The rent officer shall determine that the claim-related rent is— a where he makes a determination under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the three rents determined under those sub-paragraphs; b where he makes a determination under only two of the sub-paragraphs referred to in paragraph (a), the lower of the two rents determined under those sub-paragraphs; c where he makes a determination under only one of the sub-paragraphs referred to in paragraph (a), the rent determined under that sub-paragraph; d where he does not make a determination under any of the sub-paragraphs referred to in sub-paragraph (a), the rent payable under the tenancy of the dwelling at the relevant time. . c omit sub-paragraph (2); and d in sub-paragraph (3) omit “Where the dwelling is not in a hostel,”. 3 In paragraph 9(1) of Part 3 of Schedule 1— a for sub-paragraph (1)(c) substitute— c where that claim-related rent includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals), the inclusion of an ineligible amount in respect of meals; ; b after sub-paragraph (1)(d) insert— da where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and . Amendments to the Rent Officers (Scotland) Order which remake amendments made by the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 19 1 In article 2 (interpretation)— a for the definition of “hostel” substitute— “hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations; ; b after that definition insert— “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006; “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ; c for the definition of “rent” substitute— “rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations; ; d omit the definition of the “1987 Regulations”. 2 In article 3A (transitional arrangements for determination of single room rents with effect from 2nd July 2001), for “regulation 12A of the 1987 Regulations” substitute “regulation 14 of the Housing Benefit Regulations or, as the case may be, regulation 14 of the Housing Benefit (State Pension Credit) Regulations”. 3 In article 4A (substitute determinations and substitute redeterminations), for “regulation 12C of the 1987 Regulations” substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”. 4 In article 4E (substitute board and attendance determinations and substitute board and attendance redeterminations), wherever “regulation 12C of the 1987 Regulations” occurs, substitute “regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations”. 5 In article 6 (exceptions)— a in paragraph (2) for “regulation 7(3) of the 1987 Regulations” substitute “regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations”; and b in paragraph (3), for “the 1987 Regulations”, substitute “the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations”. 6 In article 7 (special cases), for “regulation 10(1) of the 1987 Regulations” substitute “regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations”. 7 In Schedule 1 — a in Part 1, in paragraph 4(4) (local reference rents), for the definition of “non-dependant” substitute— “non-dependant” means a non-dependant of the tenant within the meaning of regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations; ; b in Part 4, in paragraph 11(5)(b) (indicative rent levels), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations”. 8 In Schedule 3A (categories of dwelling), in Part 1, in paragraph 1(2)(b), for “regulation 3 of the 1987 Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations.”. Signed by authority of the Secretary of State for Work and Pensions James Plaskitt Parliamentary Under Secretary of State, Department for Work and Pensions 2nd October 2007