The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 No. 1995 (S. 144)

[F1 SCHEDULE 3A S PART I

Textual Amendments

F1 Sch. 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

Formula for local housing allowance for other categories of dwelling S

3.— [F2 (1) For categories of dwelling other than the category of dwelling in paragraph 1(1)(a), the rent officer shall determine a local housing allowance in accordance with the formula—

where—

• B is the local housing allowance;

• H is the highest rent which, in the rent officer’s opinion—

  (a)

  a landlord might reasonably have been expected to obtain, at the date of the determination, for an assured tenancy of a dwelling which meets the criteria specified in sub-paragraph (2); and

  (b)

  is not an exceptionally high rent; and

• L is the lowest rent which, in the rent officer’s opinion—

  (a)

  a landlord might reasonably have been expected to obtain, at the date of the determination, for an assured tenancy of a dwelling which meets the criteria specified in sub-paragraph (2); and

  (b)

  is not an exceptionally low rent.

(2) The criteria are that the dwelling under the assured tenancy—

(a) is in the broad rental market area for which the local housing allowance is being determined;

(b) is in a reasonable state of repair; and

(c) has the same number of rooms as the category of dwelling in respect of which the local housing allowance is being determined.

(3) Sub-paragraphs (3) and (4) of paragraph 2 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph, except that “in respect of which the local housing allowance is being determined” shall be substituted for “set out in paragraph 1(1)(a)”.]]

Textual Amendments

F2 Sch. 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))