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The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment and Modification) Order 2021 in England

S.I. 2021/1380 · Made 7 December 2021

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Housing

Made 7th December 2021

Laid before Parliament 10th December 2021

Coming into force 31st January 2022

The Secretary of State, in exercise of the powers conferred by section 122(1) and (6) of the Housing Act 1996f1, makes the following Order.

Annotations to the whole text

Footnotes

f1

1996 c. 52. Section 122(1) was amended by paragraph 36 of Schedule 2 to the Welfare Reform Act 2012 (c. 5).

Contents

  1. 1Citation, Commencement and Extent
  2. 2Amendments to the Rent Officers (Housing Benefit Functions) Order 1997
  3. 3Amendments to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
  4. 4Amendments to the Rent Officers (Universal Credit Functions) Order 2013
  5. 5Modifications to the Rent Officers (Housing Benefit Functions) Order 1997
  6. 6Modifications to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
  7. 7Modifications to the Rent Officers (Universal Credit Functions) Order 2013
  8. Signature
  9. Explanatory note

1Citation, Commencement and Extent

(1)

This Order may be cited as the Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment and Modification) Order 2021 and comes into force on 31st January 2022.

(2)

This Order extends to England and Wales and Scotland.

2Amendments to the Rent Officers (Housing Benefit Functions) Order 1997

(1)

The Rent Officers (Housing Benefit Functions) Order 1997f1 is amended as follows.

(2)

In article 4B(3A) (date on which a broad rental market area determination takes effect)f2, for sub-paragraph (b) substitute—

“(b)

for all other purposes on the next 1st April following the day on which the determination is made.”.

3Amendments to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

(1)

The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997f1 is amended as follows.

(2)

In article 4B(3A) (date on which a broad rental market area determination takes effect)f2, for sub-paragraph (b) substitute—

“(b)

for all other purposes on the next 1st April following the day on which the determination is made.”.

4Amendments to the Rent Officers (Universal Credit Functions) Order 2013

(1)

The Rent Officers (Universal Credit Functions) Order 2013f1 is amended as follows.

(2)

In article 3(6) (date on which a broad rental market area determination takes effect)f2, for sub-paragraph (b) substitute—

“(b)

for all other purposes on the next relevant Monday following the day on which the determination is made.”.

5Modifications to the Rent Officers (Housing Benefit Functions) Order 1997

For the purposes of determining the local housing allowances in 2022, Schedule 3B (broad rental market area determinations and local housing allowance determinations) to the Rent Officers (Housing Benefit Functions) Order 1997f1 is to be read as if for paragraph 2(2) there were substituted—

“(2)

For all broad rental market areas the local housing allowance for any category of dwelling is the allowance determined for that category of dwelling on 31st March 2020.”.

6Modifications to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

For the purposes of determining the local housing allowances in 2022, Schedule 3B (broad rental market area determinations and local housing allowance determinations) to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997f1 is to be read as if for paragraph 2(2) there were substituted—

“(2)

For all broad rental market areas the local housing allowance for any category of dwelling is the allowance determined for that category of dwelling on 31st March 2020.”.

7Modifications to the Rent Officers (Universal Credit Functions) Order 2013

For the purposes of determining the local housing allowances in 2022, Schedule 1 (local housing allowance determinations) to the Rent Officers (Universal Credit Functions) Order 2013f1 is to be read as if for paragraph 2(2) there were substituted—

“(2)

For all broad rental market areas the local housing allowance for any category of accommodation is the allowance determined for that category of accommodation on 31st March 2020.”.

Signature

Signed by the authority of the Secretary of State for Work and Pensions

David Rutley

Parliamentary Under Secretary of State

Department of Work and Pensions

7th December 2021

Explanatory note

(This note is not part of the Order)

This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 (S.I. 1997/1984), the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (S.I. 1997/1995) (S. 144) and the Rent Officers (Universal Credit Functions) Order 2013 (S.I. 2013/382) to make changes to when Broad Rental Market Area Determinations take effect. It also modifies those Orders to make provision for the determination of local housing allowances in 2022.

Articles 2 and 3 amend S.I. 1997/1984 and 1997/1995 to provide that a change to a Broad Rental Market Area Determination will take effect from the next 1st April following the day on which the determination is made.

Article 4 amends S.I. 2013/382 to provide that a change to a Broad Rental Market Area Determination will take effect from the first Monday of the first tax year that follows the day on which the determination is made.

Articles 5, 6 and 7 modify the above Rent Officers Orders to provide that, for all broad rental market areas, the local housing allowance for any category of dwelling or accommodation is the allowance determined for that category of dwelling or accommodation on 31st March 2020. The modification will apply for the purposes of determining local housing allowances in 2022.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen.