7. In the Housing Benefit Regulations—
(a)in regulation 12B(1)(b)(1), for the words “regulation 79(4A) (review of determinations)” there shall be substituted the words “regulation 12CA(2) (application for redetermination by Rent Officer)”;
(b)after regulation 12C, there shall be inserted the following regulation—
12CA.—(1) This paragraph applies where—
(a)a person affected makes written representations which are signed by him, to a relevant authority concerning a decision which it makes in relation to him;
(b)those representations relate, in whole or in part, to a Rent Officer’s determination or redetermination in exercise of the Housing Act functions; and
(c)those representations are made no later than six weeks after the day on which the person affected was notified of the decision by the relevant authority.
(2) Subject to paragraphs (3) and (4), where paragraph (1) applies, the relevant authority shall, within 7 days of receiving the representations, apply to the Rent Officer for a redetermination or, as the case may be, a further redetermination in exercise of the Housing Act functions and a copy of those representations shall accompany the local authority’s application.
(3) Except where paragraph (4) applies, a relevant authority, in relation to any determination by a Rent Officer of an application under regulation 12A(1)(requirement to refer to rent officers), shall not apply for a redetermination under paragraph (2) more than once in respect of an individual claimant’s dwelling to which that determination relates.
(4) Paragraph (2) shall operate so as to require a relevant authority to make a second application where the following conditions are met in addition to those imposed by that paragraph—
(a)the written representations made under paragraph (1) related to a redetermination by a Rent Officer made in response to an application by the relevant authority under regulation 12B;
(b)at the time of that application, the Rent Officer has already provided a redetermination under this regulation of a determination made in response to an application under regulation 12A(1); and
(c)both the application under this regulation referred to in sub-paragraph (b) and the second application for which this paragraph provides relate to the same claimant.
(5) Where a decision has been revised in consequence of a redetermination, substitute determination or substitute redetermination by a Rent Officer in exercise of the Housing Act functions and that redetermination, substitute determination or substitute redetermination has led to—
(a)a reduction in the maximum rent, the redetermination, substitute determination or substitute redetermination shall be a change of circumstance;
(b)an increase in the maximum rent, the redetermination, substitute determination or substitute redetermination shall have effect in place of the original determination.”;
(c)in regulation 12D, for the words “12B and 12C and 79(4A) and (4B)” there shall be substituted the words “12B, 12C and 12CA”.
Regulations 12B, 12C and 12D were inserted by S.I. 2000/4.