# The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991, Paragraph 5: Modification where determination is made as to size


(1) Subject to paragraph 7, where the rent officer had made a determination under paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) Order 1989 or, as the case may be, paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) (Scotland) Order 1989 before paragraph (1) of article 2 of the Amendment Order came into force and it is probable that had the amendment been in force at the time of the determination the rent officer would either—
(a) not have made the determination that the dwelling exceeded the size criteria; or
(b) have determined a higher comparable rent for suitably sized accommodation,
the appropriate amount in respect of the period beginning on the relevant date shall be calculated in accordance with sub-paragraphs (2) or (3), as the case may be, unless it is impracticable for an authority to calculate its subsidy otherwise than by reference to the determination actually made by the rent officer.
(2) In a case to which paragraph 5(1)(a) applies, if the amount of the eligible rent exceeds the reasonable market rent less ineligible amount, the appropriate amount shall be—
(a) where the allowance granted is the same as or is less than the excess—
(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure attributable to such allowance,
(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
(b) where the allowance granted is greater than the excess—
(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,
(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess.
(3) In a case to which paragraph 5(1)(b) applies, the comparable rent for suitably sized accommodation shall be increased by an amount determined in accordance with the formula—
BA×(C-D),
and if the amount of the eligible rent exceeds the comparable rent for suitably sized accommodation so increased, less ineligible amounts, the appropriate amount shall be—
(a) where the allowance granted is the same as or is less than the excess—
(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure to such allowance,
(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure attributable to such allowance;
(b) where the allowance granted is greater than the excess—
(i) except where paragraph 6 applies, nil per cent. of the housing benefit qualifying expenditure which is equal to the excess,
(ii) where paragraph 6 applies, 50 per cent. of the housing benefit qualifying expenditure which is equal to the excess,
and in either case 97 per cent. of the housing benefit qualifying expenditure which remains after deducting the excess,
(4) In sub-paragraph (3) of this paragraph—
“A” means the number equal to the number of rooms in excess of the size criteria which the rent officer has determined as suitable;
“B” means the number equal to the number of rooms in excess of the size criteria which it is probable the rent officer would have determined as suitable had the amendment been in force;
“C” means the reasonable market rent; and
“D” means, but for this paragraph, the comparable rent for suitably sized accommodation; and
“the Amendment Order” means the Rent Officers (Additional Functions) (Amendment) Order 1989 or, as the case may be, the Rent Officers (Additional Functions) (Scotland) Amendment Order 1989.

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Source: https://www.legislation.gov.uk/uksi/1991/587/schedule/5/paragraph/5 (the official version)
Page: https://openlegislation.uk/housing-benefit-and-community-charge-benefit-subsidy-order-1991/schedule-5/paragraph-5
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.