The Housing Benefit and Council Tax Benefit (Subsidy) Order 1997

Rent officers' determinations

8.—(1) Where this article applies, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 6.

(2) Except in a case to which article 5 applies and subject to paragraphs (6), (7) and (8), this article applies where—

(a) an authority applies to a rent officer for a determination to be made under the Rent Officers Order in relation to a dwelling; and

(b) the officer makes a determination under that Order.

(3) This article also applies in a case where—

(a) the dwelling (A) is in a hostel; and

(b) by virtue of regulation 12A(2) of the Housing Benefit Regulations(1) (exemptions from requirement to refer to rent officers) an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling(A).

(4) This article also applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations(2) (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.

(5) This article also applies in a case where an authority is required, under regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer), to apply for a determination in relation to a dwelling during the relevant year which a rent officer would be required to make, but the authority fails to apply for that determination, and, in such a case, except where paragraph (3) applies, any allowance granted shall, subject to article 11(4), be deducted from housing benefit qualifying expenditure pursuant to article 2(2)(b).

(6) Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling was made, prior to 2nd October 1995, by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order 1990, this article shall cease to apply in so far as—

(a) regulation 7 of the Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995(3) (transitional provision) applies with respect to the rent assessment committee’s determination; and

(b) that rent assessment committee’s determination relates to a determination made by a rent officer under that paragraph of that Schedule,

from the date on which the rent assessment committee’s determination takes effect.

(7) Where—

(a) a determination under paragraph 1 of Schedule 1 to the Rent Officers Order 1990 has been made by the rent officer, and

(b) an application is made to the rent assessment committee and a determination to which paragraph (6)(b) refers is made by that committee prior to 2nd October 1995, and, had that application been made before the reference to the rent officer which led to that determination, the rent officer would, in accordance with article 5(2) of the Rent Officers Order 1990(4), not have made such a determination,

this article shall cease to apply in so far as—

(i) regulation 7 of the Income-related Benefits Schemes and Social Security (Claims and Payments) (Miscellaneous Amendments) Regulations 1995 (transitional provision) applies with respect to that rent assessment committee’s determination; and

(ii) that rent assessment committee’s determination relates to a determination under paragraph 1 of Schedule 1 to the Rent Officers Order 1990.

(8) Except in a case to which paragraph (9), (10) or (11) applies, this article shall not apply where a maximum rent has been determined.

(9) In a case where a maximum rent has been determined by reference to a reckonable rent and a local reference rent, the appropriate amount shall be calculated in accordance with paragraph 11 of Schedule 6.

(10) In a case where, prior to the determination of a maximum rent, a payment was made pursuant to regulation 91 (payment on account) of the Housing Benefit Regulations(5), the appropriate amount shall be calculated in accordance with paragraph 6 of Schedule 6.

(11) In a case to which regulation 11(9) (maximum rent) of the Housing Benefit Regulations(6) applies, the appropriate amount shall be calculated in accordance with paragraph 12 of Schedule 6.

(1)

Regulation 12A was inserted by regulation 5 of S.I. 1990/546; relevant amendments are S.I. 1993/317, 1995/560 and 1996/965.

(2)

Schedule 1A was inserted by regulation 12 of S.I. 1990/546; and paragraph 2 was amended by S.I. 1991/235, 1993/317, 1249, 1995/560 and 1996/965.

(3)

S.I. 1995/2303.

(4)

Article 5(2) was amended by S.I. 1991/426 in the case of England and Wales and by S.I. 1991/533 in the case of Scotland.

(5)

Regulation 91 was amended by S.I. 1995/2868.

(6)

Regulation 11 was substituted by S.I. 1995/1644 and amended by 1995/2868 and 1996/965.