The Rent Officers (Housing Benefit Functions) Order 1997

Article 3(1)(c)

PART III E+W+S NOTIFICATIONS OF PART I DETERMINATIONS

Notifications E+W+S

9.— [F1 (1) Subject to sub-paragraph (2), the rent officer shall give notice to the local authority of–

(a) the claim-related rent determined under Part I;

(b) where the dwelling is not in a hostel, the total amount of ineligible charges determined under paragraph 6(3) in relation to that claim-related rent;

(c) [F2 whether that claim-related rent includes an amount which would be ineligible for housing benefit under [F3 paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations] (charges for meals);]

[F2 where that claim-related rent includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, paragraph 1(a)(i) of Schedule 1 to the Housing Benefit (State Pension Credit) Regulations (charges for meals), the inclusion of an ineligible amount in respect of meals;]

(d) any rent determined by the rent officer under paragraph 4 (local reference rents); and

[F4 (da) where any rent determined under paragraph 4 includes an amount which would be ineligible for housing benefit under the provisions referred to in sub-paragraph (c), the inclusion of an ineligible amount in respect of meals; and]

(e) any rent determined by the rent officer under paragraph 5 (single room rents).]

(2) If the rent officer determines a rent under—

(a) paragraph 4 (local reference rents); or

(b) paragraph 5 (single room rents);

which is equal to or more than the [F5 claim-related rent], the rent officer shall give notice to the local authority of this in place of giving notice of the determination made under paragraph 4 or, as the case may be, paragraph 5 F6 ....

F7 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 9(1) substituted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 13(1)(a) (with art. 16)

F2 Sch. 1 para. 9(1)(c) substituted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 9(3)(a) (with arts. 2, 7(1))

F3 Words in Sch. 1 para. 9(1)(c) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 11(10)(c) (with regs. 2, 3, Sch. 3, 4)

F4 Sch. 1 para. 9(1)(da) inserted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 9(3)(b) (with arts. 2, 7(1))

F5 Words in Sch. 1 para. 9(2) substituted (E.W.) (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 13(1)(b)(i) (with art. 16)

F6 Words in Sch. 1 para. 9(2) omitted (E.W.) (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 13(1)(b)(ii) (with art. 16)

F7 Sch. 1 para. 9(3) omitted (E.W.) (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 13(1)(c) (with art. 16)

F8 10.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F8 Sch. 1 para. 10 omitted (E.W.) (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Amendment) Order 2000 (S.I. 2000/1), arts. 1(1), 13(2) (with art. 16)