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Housing Act 1996

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Changes over time for: Section 122

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Changes to legislation:

Housing Act 1996, Section 122 is up to date with all changes known to be in force on or before 06 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

122 Functions of rent officers in connection with [F1universal credit,] housing benefit and rent allowance subsidy.E+W+S

(1)The Secretary of State may by order require rent officers to carry out such functions as may be specified in the order in connection with [F2universal credit,] housing benefit and rent allowance subsidy.

(2)Without prejudice to the generality of subsection (1), an order under this section may contain provision—

(a)enabling a prospective landlord to apply for a determination for the purposes of any application for housing benefit which may be made by a tenant of a dwelling which he proposes to let;

(b)as to the payment of a fee by the landlord for that determination;

(c)requiring the landlord to give a copy of the determination to the appropriate local authority; and

(d)enabling the appropriate local authority to seek a redetermination when a claim for housing benefit or rent allowance subsidy is made.

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)In relation to rent allowance subsidy, the Secretary of State may by order under section 140B of the Social Security Administration Act 1992—

(a)provide for any calculation under subsection (2) of that section to be made,

(b)specify any additions and deductions as are referred to in [F4subsection (4) or (5) of that section] , and

(c)exercise his discretion as to what is unreasonable for the purposes of subsection [F5(5)(b)] of that section,

by reference to determinations made by rent officers in exercise of functions conferred on them under this section.

(5)The Secretary of State may by any such [F6order as is mentioned in subsection (4)] require a local authority in any prescribed case—

(a)to apply to a rent officer for a determination to be made in pursuance of the functions conferred on them under this section, and

(b)to do so within such time as may be specified in the order F7....

(6)An order under this section—

(a)shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b)may make different provision for different cases or classes of case and for different areas; and

(c)may contain such transitional, incidental and supplementary provisions as appear to the Secretary of State to be desirable.

(7)In this section “housing benefit” and “rent allowance subsidy” have the same meaning as in Part VIII of the M1Social Security Administration Act 1992.

Textual Amendments

F4Words in s. 122(4)(b) substituted (retrospective to 18.9.2003) by Local Government Act 2003 (c. 26), s. 128(1)(b), Sch. 7 para. 60(1)(a)

F5Word in s. 122(4)(c) substituted (retrospective to 18.9.2003) by Local Government Act 2003 (c. 26), s. 128(1)(b), Sch. 7 para. 60(1)(b)

F6Words in s. 122(5) substituted (7.4.2008) by Welfare Reform Act 2007 (c. 5), s. 70(2), Sch. 5 para. 12; S.I. 2007/2872, art. 2(1)(d) (with arts. 3-5)

F7Words in s. 122(5)(b) repealed (7.4.2008) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 8; S.I. 2007/2872, art. 2(1)(c) (with arts. 3-5)

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