Summary of Legislation
Relevant legislation for the Local Housing Allowance
- Section 68 - 70, 84 - 87 and schedule 7 Child Support, Pensions and Social Security Act 2000
- The Housing Benefit Regulations 2006 S.I. 2006/213
- The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 S.I. 2003/2398
- The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003 S.I. 2003/2399
- The Housing Benefit and Council Tax Benefit(Abolition of Benefit Periods) Amendment Regulations 2004 S.I. 2005/14
- The Housing Benefit and Council Tax Benefit(Miscellaneous Amendments Regulations 2004 S.I. 2004/781
- The Rent Officers (Housing Benefit Functions)(Local Housing Allowance) Amendment Order 2005 S.I. 2005/236
- The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2005 S.I. 2005/238
- Housing Benefit (Local Housing Allowance and Information Sharing)(Amendment) Regulations 2007 S.I. 2007/2868
- Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 S.I. 2007/2869
- Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendment Regulations 2007 S.I. 2007/2870
- Rent Officers (Housing Benefit Functions) Amendment Order 2007 S.I. 2007/2871
Guidance Booklets
Housing Benefit Local Housing Allowance Guidance Manual
Summary of implementation
In 2002, a trial scheme for the assessment and payment of housing benefit in the private rented sector was established in pathfinder authorities, called the Local Housing Allowance (LHA). Under the scheme, the eligible housing costs in respect of which housing benefit is payable are calculated by reference to a flat rate, varied according to location and size of dwelling and gender and age of the occupiers. The amount of a local housing allowance is determined by rent officers.
The LHA and Information Sharing Regulations amend the Housing Benefit Regulations 2006 (SI 2006/213) and the Housing Benefit (persons who have attained the qualifying age for state pension credit) Regulations 2006 (SI 2006/214) to provide for the national application of the LHA regime on April 7, 2008, make provision for local authorities to provide information to rent officers to enable them to carry out their functions.
The Miscellaneous and Consequential Amendments Regulations amend other social security legislation to bring it into line with the new LHA regime and also make amendments to the Regulations governing decisions and appeals.
The Rent Officers Order amends the Rent Officers (Housing Benefit Functions) Order 1997 to require rent officers to make broad rental market determinations prior to the national application of the LHA.
