OpenLegislation

Article 17 Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodationF1F13

England, Wales and Scotland

(F21)

This article applies where—

(a)

a rent rebate is payable by an authority;

(b)

a person (“P”) is required to pay the authority for—

(i)

board and lodging accommodation; or

(ii)

accommodation which is not self-contained and which the authority has a right to use under an agreement, other than a lease, with a third party; and

(c)

the authority makes the accommodation available to P—

(i)

to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 F3, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or

(ii)

to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 F4, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987 F5, as the case may be.

(2)

Where this article applies the appropriate amount is F6the lowest of—

(a)

the amount of housing benefit entitlement in a week or part week, as the case may be; or

(b)

the maximum amount determined in accordance with paragraph (3); F7or

(c)

F8 ... £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

(3)

The maximum amount referred to in paragraph (2) is the local housing allowance for January F92011 for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

F10( 3A )

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(F114)

For the purposes of this article and articles 17A, 17B and 17C, accommodation is self-contained if P’s household has the exclusive use of a kitchen, a bathroom and a toilet.

(5)

In this article and F12articles 17A, 17B and 17C—

  • “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order; and

  • “local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order.

Annotations

Textual amendments

F1

Arts. 17-17A substituted for art. 17 (1.4.2010) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2009 (S.I. 2009/2580) , arts. 1 , 2(3)

F2

Art. 17(1) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(a)

F3

Words in art. 17(1)(c)(i) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(2)(a)

F4

Words in art. 17(1)(c)(ii) substituted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(2)(b)(i)

F5

Words in art. 17(1)(c)(ii) inserted (with effect in accordance with art. 1(4) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2016 (S.I. 2016/986), arts. 1(1), 4(2)(b)(ii)

F6

Words in art. 17(2) substituted (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(4)(a)(i)

F7

Art. 17(2)(c) and word added (with effect in accordance with art. 1(4) of the commencing S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2010 (S.I. 2010/2481), arts. 1(1), 5(4)(a)(ii)

F8

Words in art. 17(2)(c) omitted (1.4.2011) by virtue of Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(b)

F9

Word in art. 17(3) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(c)

F10

Art. 17(3A) omitted (1.4.2011) by virtue of Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(d)

F11

Art. 17(4) substituted (with effect in accordance with art. 2(3) of the amending S.I.) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2024 (S.I. 2024/1092), arts. 1(1), 4

F12

Words in art. 17(5) substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(7)(f)

F13

Art. 17 heading substituted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(6)