The Housing Benefit and Council tax Benefit (Subsidy) Order 1995

Interpretation

10.  In this Schedule, unless the context otherwise requires—

• “ineligible amounts” means—

  (a)

  where—

  (i)

  the rent determination was made before 1st April 1994 or, in the case of a re-determination, the original rent determination was made before 1st April 1994 any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Offtcers Order(1) is attributable to the provision of services ineligible to be met by housing benefit, except to the extent that it relates to fuel charges, plus the amount in respect of such charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);

  (ii)

  the rent determination was made on or after 1st April 1994, any amount which the rent officer determines under paragraph 3 of Schedule 1 to the Rent Officers Order is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);

  (b)

  any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule l(2) to the Housing Benefit Regulations (amount ineligible for meals);

  (c)

  where the dwelling is a hostel within the meaning of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent offtcers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations(3) (ineligible service charges), other than under sub-paragraphs (d) to (f) of that paragraph;

• “property-specific rent” means the rent determined by a rent officer under paragraph l(2) of Schedule 1 to the Rent Officers Order, except in a case where a rent officer has made a rent determination under paragraph 2A(3)(4) of that Schedule, when it shall be the latter determination;

• “relevant rent” means—

  (a)

  in a case where the rent officer has determined both a property-specific rent and a size-related rent, whichever is the lower of the two, or

  (b)

  in a case where the rent oficer has determined only a property-specific rent or a size-related rent, as the case may be, that rent;

• “size-related rent” means the rent determined by a rent officer under paragraph 2(2) of Schedule 1 to the Rent Offkers Order, and other expressions used in this Schedule and in the Rent Offkers Order have be same meanings in this Schedule as they have in that Order.

(1)

Regulation 12A was inserted by regulation 5 of S.I. 1990/546 and paragraph 8 was amended by S.I. 1993/317.

(2)

Paragraph 3(2) of Schedule 1 as amended by S.I. 1991/426 and 1994/568 in the case of England and Wales and by S.I. 1991/533 and 1994/582 in the case of Scotland.

(3)

Paragraph 1A of Schedule 1 was inserted by S.I. 1988/1444 and amended by S.I. 1989/416, 1990/2910, 1993/349 and 1994/542.

(4)

Paragraph 1 was amended by S.I. 1988/1444, 1991/1599 and 1994/1003.