The Rent Officers (Housing Benefit Functions) Amendment Order 2007

Amendments to the Rent Officers (Scotland) Order relating to ineligible service charges coming into force on 7th April 2008 save for certain purposes

17.—(1) This article shall not apply where the rent officer is required to make a determination under paragraphs 1, 2, 3, or 6 of Part 1 of Schedule 1 to the Rent Officers (Scotland) Order by virtue of—

(a) an application made under—

(i) regulation 14 of the Housing Benefit Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007(1); or

(ii) regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force before the substitution of regulation 14 by virtue of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007(2); or

(b) an application for a redetermination, substitute determination or substitute redetermination relating to a determination to which sub-paragraph (a) applies made under regulation 15, 16 or 17 of the Regulations referred to in sub-paragraph (a)(i) or (ii).

(2) For paragraph 7(1) (ineligible charges and support charges) of Part 2 of Schedule 1 substitute—

“(1) ”ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 12B(2) (rent) of and Schedule 1 (ineligible service charges) to the Housing Benefit Regulations or, as the case may be, regulation 12B(2) of and Schedule 1 to the Housing Benefit (State Pension Credit) Regulations except in the case of a tenancy where the rent includes payments for board and attendance, and the rent officer considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, in paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals).”.

(1)

S.I. 2007/2868.

(2)

S.I. 2007/ 2869.