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There are currently no known outstanding effects for the The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997, PART III.
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Article 3(1)(c)
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)[F2whether that claim-related rent includes an amount which would be ineligible for housing benefit under [F3paragraph 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);]
[F2where 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 [F5claim-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 5F6....
F7(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 1 para. 9(1) substituted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 13(1)(a) (with art. 16)
F2Sch. 1 para. 9(1)(c) substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 18(3)(a) (with arts. 2, 11, 18(1))
F3Words 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. 12(10)(c) (with regs. 2, 3, Sch. 3, Sch. 4)
F4Sch. 1 para. 9(1)(da) inserted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 18(3)(b) (with arts. 2, 11, 18(1))
F5Words in Sch. 1 para. 9(2) substituted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 13(1)(b)(i) (with art. 16)
F6Words in Sch. 1 para. 9(2) omitted (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 13(1)(b)(ii) (with art. 16)
F7Sch. 1 para. 9(3) omitted (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 13(1)(c) (with art. 16)
F810. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .S
Textual Amendments
F8Sch. 1 para. 10 omitted (3.4.2000) by virtue of The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 13(2) (with art. 16)
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