Article 17B Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, made available by a registered housing association as temporary or short term accommodationF1

England, Wales and Scotland

(1)

This article applies where—

(a)

a rent allowance is payable by an authority;

(b)

a person (“P”) is required to pay a registered housing association for—

(i)

board and lodging accommodation; or

(ii)

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

(c)

the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—

(i)

to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996F2, 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 1996F3, Part 2 of the Housing (Wales) Act 2014 or Part 2 of the Housing (Scotland) Act 1987F4, as the case may be; F5and

(d)

the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.

(2)

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

(a)

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

(b)

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

(c)

£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 2011 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.

Annotations

Textual amendments

F1: Art. 17B - Art. 17C inserted (1.4.2011) by Income-related Benefits (Subsidy to Authorities) (Temporary Accommodation) Amendment Order 2010 (S.I. 2010/2509), arts. 1, 2(10)
F2: Words in art. 17B(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(4)(a)
F3: Words in art. 17B(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(4)(b)(i)
F4: Words in art. 17B(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(4)(b)(ii)
F5: Art. 17B(1)(d) and word added (1.4.2011) by The Income-related Benefits (Subsidy to Authorities) Amendment Order 2011 (S.I. 2011/2957) arts. , 4(5)