Welfare Reform Bill

AMENDMENTS
TO BE MOVED
IN GRAND COMMITTEE

Clause 11

LORD KIRKWOOD OF KIRKHOPE

 

Page 5, line 22, leave out subsection (4) and insert—

“(4) For the purposes of subsection (1) the appropriate amount of housing costs (in this section referred to as “the appropriate amount”) is determined in accordance with subsections (4A) to (4I).

(4A) Regulations shall prescribe the manner in which the appropriate amount is to be determined.

(4B) In relation to rents chargeable in respect of properties let by local housing authorities and by private registered providers of social housing, the appropriate amount shall be 100% of the rent.

(4C) For the purposes of subsection (4B), “rent” means the contractual rent or other payment in respect of the occupation of residential premises due under a letting agreement, subject to deduction only of any amounts payable in respect of water rates and heating and any other payments not related to the provision of adequate accommodation.

(4D) Subject to subsection (4B), the regulations shall provide for the appropriate amount to be ascertained in the prescribed manner by reference to rent officer determinations.

(4E) The regulations may require an authority administering claims for housing costs in any prescribed case—

(a) to apply for a rent officer determination, and

(b) to do so within such time as may be specified in the regulations.

(4F) The regulations shall make provision for the level of rent officer determinations in respect of each prescribed description of property in the locality to be reviewed on a monthly basis.

(4G) For the purpose of subsection (4F), the “locality” means such area as may be ascertained in accordance with the regulations.

(4H) The regulations may make provision as to the circumstances in which, for the purpose of determining the appropriate amount, the amount of the liability mentioned in subsection (1) must be taken to be the amount of a rent officer determination instead of the actual amount of that liability.

(4I) A rent officer determination is a determination made by a rent officer in the exercise of functions under section 122 of the Housing Act 1996.”

 

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.”

 

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.”

 

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is providing a foster care placement.”

 

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.”

 

Page 5, line 29, at end insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the housing cost element of the universal credit to be less than the actual amount of the liability in a case where a person has no means of avoiding a universal credit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.”

Clause 68

LORD KIRKWOOD OF KIRKHOPE

 

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that the person is disabled and is living in a property specially adapted or particularly suited to meet the needs of that person.””

 

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person in the household is in receipt of any component of Disability Living Allowance or (as the case may be) of personal independence payment.””

 

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is providing a foster care placement.””

 

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a household is living in supported or sheltered housing.””

 

Page 52, line 36, at end insert—

“( ) After subsection (7) insert—

“( ) In relation to a dwelling of which the landlord is a local housing authority or a registered provider of social housing, regulations under this section shall not permit the AMHB to be less than the actual amount of the liability in a case where a person has no means of avoiding a housing benefit reduction for under-occupying a property let by a local housing authority or private registered provider of social housing because no suitable alternative social rented sector accommodation is available in the locality.””

Prepared 21st September 2011