The Housing Benefit and Council Tax Benefit (Subsidy) Order 1994

Relevant date

7.  For the purposes of this Schedule—

(a) in a case where a claim for rent allowance is made on or after 1st April 1993, the relevant date is the date on which entitlement to benefit commences;

(b) in a case where—

(i) on 1st April 1993 there is current on that date a claim for an allowance in relation to the dwelling; and

(ii) there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1993; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers Order, save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers Order had not taken effect by 31st March 1993, the relevant date will be 13 weeks after the relevant date determined under the 1993 Order(1);

(c) in a case where—

(i) during the relevant year there has been a relevant change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations(2); and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required;

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations(3) (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;

(d) in a case where a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent determined under the further determination is higher than or equal to the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent officer;

(e) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.

(1)

Regulation 11 was amended by S.I.1989/566, 1990/546, 1991/235. (aaa) Regulation 12 was amended by S.I.1989/566. (bbb) See Schedule 6, paragraph 8. (ccc) Regulation 12A was inserted by regulation 5 of S.I.1990/546; and paragraph 8 was amended by S.I.1993/317. (ddd) Regulation 68 was amended by S.I.1990/546 and 1992/432. (eee) Paragraph 3(2) of Schedule 1 was amended by S.I.1991/426. (fff) Paragraph 1A of Schedule 1 was inserted by S.I.1988/1444 and amended by S.I.1989/416, 1990/2910 and 1993/349. (ggg) Paragraph 1 was amended by S.I.1988/1444 and 1991/1599.

(2)

Regulation 12 was amended by S.I. 1989/566, 1990/546,1991/235.

(3)

See Schedule 6, paragraph 8.