# The Housing Benefit (Subsidy) Order 1990, Paragraph 4: Modification where determination is made as to size


(1) Where the rent officer has made a determination under paragraph 2 of Schedule 1 to the Rent Officers Order before paragraph (1) of article 2 of the Amendment Order came into force and it is probable that had that amendment been in force at the time of the determination–
(a) the rent officer would not have made the determination that the dwelling exceeded the size criteria, the amount to be deducted from allowances provided in respect of the period beginning on the relevant date shall be, if the amount of the eligible rent exceeds the reasonable market rent less ineligible amounts,
(i) the amount equal to 100% of the excess or the amount of the allowances granted, whichever is the lower or
(ii) where paragraph 5 applies, the difference between the amount determined in accordance with head of this sub-paragraph and the amount obtained by dividing that amount by 97 and by multiplying the quotient by 50; or
(b) the rent officer would have determined a higher comparable rent for suitably sized accommodation, the comparable rent shall be increased by an amount determined in accordance with the formula–
BA×(C-D),
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 sub-paragraph (1)(b) 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/1990/785/schedule/4/paragraph/4 (the official version)
Page: https://openlegislation.uk/housing-benefit-subsidy-order-1990/schedule-4/paragraph-4
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.