The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

Article 2

SCHEDULE 2S SIZE CRITERIA

1.  One bedroom or room suitable for living in shall be allowed for each of the following categories of occupier (and each occupier shall come within only the first category for which he is eligible)–S

[F1(za)a member of a couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;]

(a)[F2a couple]F3...;

(b)a person who is not a child;

[F4(ba)a child who cannot share a bedroom;]

(c)two children of the same sex;

(d)two children who are less than ten years old;

(e)a child.

[F5but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom [F6or a member of a couple who cannot share a bedroom] if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child [F7or the member of the couple] were able to share a bedroom.]

Textual Amendments

[F81A.  One additional bedroom is allowed where on the application for the determination—S

(a)[F9one or more of the following persons is stated as being a person who requires overnight care—

(i)the tenant;

(ii)the tenant’s partner;

(iii)a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home;

(iv)a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or]

(b)the tenant or the tenant’s partner is (or both of them are) stated as being a qualifying parent or carer.]

Textual Amendments

F8 Sch. 2 para. 1A-para. 1B substituted for Sch. 2 para. 1A (1.4.2013) by The Rent Officers (Housing Benefit Functions) Amendment Order 2013 (S.I. 2013/666), arts. 1, 3(2)(a)

[F81B.  Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 1A both apply.]S

Textual Amendments

F8 Sch. 2 para. 1A-para. 1B substituted for Sch. 2 para. 1A (1.4.2013) by The Rent Officers (Housing Benefit Functions) Amendment Order 2013 (S.I. 2013/666), arts. 1, 3(2)(a)

2.  The number of rooms (excluding any allowed under paragraph 1) suitable for living in allowed are–S

(a)if there are less than four occupiers, one;

(b)if there are more than three and less than seven occupiers, two; and

(c)in any other case, three.

[F103.  In this Schedule “child who cannot share a bedroom[F11, “couple”, “member of a couple who cannot share a bedroom”]” and “qualifying parent or carer” have the meaning given by regulation 2(1) of the Housing Benefit Regulations [F12and reference to a member of a couple who can share a bedroom is to be construed in accordance with regulation 2(6) of those Regulations].]S

Textual Amendments