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The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997
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[F1Categories of dwellingS
1.—[F2(1) The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2)(a)(i) are—
(a)a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to—
(i)share the use of a kitchen, a bathroom and toilet and a room suitable for living in;
(ii)have the exclusive use of a kitchen or facilities for cooking and share the use of a bathroom and toilet and a room suitable for living in; or
(iii)have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in;
(b)a dwelling where the tenant has the use of only two rooms;
(c)a dwelling where the tenant has the use of only three rooms;
(d)a dwelling where the tenant has the use of only four rooms;
(e)a dwelling where the tenant has the use of only five rooms;
(f)a dwelling where the tenant has the use of only six rooms.
(2) In sub-paragraph (1)(b) to (f) of this paragraph and in paragraph 3 “room” means a bedroom or room suitable for living in, except for a room which the tenant shares with any person other than—
(a)a member of his household;
(b)a non-dependant of the tenant (within the meaning of [F3regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations]); or
(c)a person who pays rent to the tenant.]]
Textual Amendments
F1Sch. 3A inserted (24.9.2003) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 3(10), Sch. 2
F2Sch. 3A omitted (7.4.2008 for specified purposes) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(8) (with arts. 2, 11, 15(1)(2))
F3Words in Sch. 3A para. 1(2)(b) substituted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(11) (with regs. 2, 3, Sch. 3, Sch. 4); (S.I. 2007/2871, art. 19(8))
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