The Rent Officers (Housing Benefit Functions) Order 1997

Determinations E+W+S

3.—(1) Subject to [F1 articles 3A and 6], where a local authority, in accordance with regulations made under section 136(2) or (3) of the Social Security Administration Act 1992 [F2 or section 122(5) of the Housing Act 1996], applies to a rent officer for determinations in respect of a tenancy of a dwelling, a rent officer shall—

(a) make the determinations in accordance with Part I of Schedule 1 (determinations);

(b) comply with Part II of Schedule 1 when making the determinations (assumptions etc.); and

(c) give notice in accordance with Part III of Schedule 1 (notifications) [F3 within the relevant period or as soon as is practicable after that period].

(2) A rent officer for each registration area (within the meaning of section 62 of the Rent Act 1977 M1 ), on the first working day of each month, shall—

(a) make determinations in accordance with Part IV of Schedule 1 (indicative rent levels) in relation to the area of each local authority F4 ... within the registration area;

(b) comply with paragraph 8(2) of Part II of Schedule 1 (assumptions etc.) when making the determinations; and

(c) give to the local authority notice of the determinations relating to its area when they have been made.

Textual Amendments

F1 Words in art. 3(1) substituted (E.W.) (2.7.2001) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2001 (S.I. 2001/1325), arts. 1(1), 3(1)

F2 Words in art. 3(1) inserted (E.W.) (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 4(b)

F3 Words in art. 3(1)(c) added (E.W.) (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 4(c)

F4 Words in art. 3(2)(a) (as inserted by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398)) omitted (7.4.2008) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 5(1) (with art. 2)

Marginal Citations

M1 1977 c.42; amended by paragraph 13(1) of Schedule 8 to the Local Government Act 1985 (c.51), paragraph 3(2) of Schedule 8 to the Local Government (Wales) Act 1994 (c.19) and S.I. 1995/3264.