The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

12.  In this Schedule, “rent” shall be construed in accordance with paragraph (10) of regulation 14 (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that sub-paragraph, has the same meaning—

(a) in Scotland, as in section 25 of the Housing (Scotland) Act 1988(1), except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;

(b) in any other case, as in section 14 of the Housing Act 1988(2), except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,

(c) and—

(i) other expressions have the same meaning as in regulation 14(10);

(ii) in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.

(1)

1988 c. 43; section 25 was amended by S.I. 1993/658.

(2)

1988 c. 50; section 14 was amended by section 104 of and Schedule 8 to the Housing Act 1996 (c. 52) and S.I. 1993/651.