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3.—(1) Schedule 2 (size criteria) to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(1) is amended as follows.
(2) In paragraph 1—
(a)before sub-paragraph (a) insert—
“(za)a member of a couple who cannot share a bedroom;
(zb)a member of a couple who can share a bedroom;”;
(b)in sub-paragraph (a) omit “(within the meaning of Part VII of the Social Security Contributions and Benefits Act 1992)”;
(c)in the full-out words at the end—
(i)after “a child who cannot share a bedroom” insert “or a member of a couple who cannot share a bedroom”;
(ii)after “the child” insert “or the member of the couple”.
(3) In paragraph 1A, for sub-paragraph (a) substitute—
“(a)one 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”.
(4) In paragraph 3—
(a)after “child who cannot share a bedroom” insert “, “couple”, “member of a couple who cannot share a bedroom”;
(b)at the end insert “and 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.I. 1997/1995; relevant amending instruments are S.I. 2005/2877, 2010/2836, 2013/666 and 2013/2827.
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