The Income-related Benefits (Subsidy to Authorities) Order 1998

Changes over time for: Section 17

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There are currently no known outstanding effects for the The Income-related Benefits (Subsidy to Authorities) Order 1998, Section 17.

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[F1[F2Subsidy in respect of non self-contained licensed accommodation, and board and lodging accommodation, provided by an authority as temporary or short term accommodation]E+W+S

17.—(1) [F3This 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[F4, 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[F5, Part 2 of the Housing (Wales) Act 2014 or] Part 2 of the Housing (Scotland) Act 1987[F6, as the case may be] .]

(2) Where this article applies the appropriate amount is [F7the 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); [F8or

(c)F9 ... £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 [F102011] 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.

F11( 3A ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) For the purposes of this article and [F12articles 17A, 17B and 17C], accommodation is self-contained if P’s household is not required to share one or more of the following with another household—

(a)a kitchen;

(b)a toilet;

(c)a bathroom.

(5) In this article and [F13articles 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.]

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)

F2Art. 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)

F3Art. 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)

F4Words 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)

F5Words 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)