(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 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.
(3)Regulations under section 130(4) of the M1Social Security Contributions and Benefits Act 1992 (housing benefit: manner of determining appropriate maximum benefit) may provide for benefit to be limited by reference to determinations made by rent officers in exercise of functions conferred under this section.
(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 [F1subsection (4) or (5) of that section] , and
(c)exercise his discretion as to what is unreasonable for the purposes of subsection [F2(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 regulations or order as are mentioned in subsection (3) or (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 or regulations.
(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 M2Social Security Administration Act 1992.
Textual Amendments
F1Words 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)
F2Word 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)
Marginal Citations