Social Security Administration Act 1992

136 Rent allowance subsidy and determinations of rent officers

(1) In relation to rent allowance subsidy, the Secretary of State—

(a) may provide for any calculation under paragraph (a) of section 135(2) above to be made,

(b) may specify any such additions and deductions as are referred to in that paragraph; and

(c) may exercise his discretion as to what is unreasonable for the purposes of paragraph (b) of that subsection,

by reference to determinations made by rent officers in exercise of functions conferred on them under section 121 of the [1988 c. 50.] Housing Act 1988 or section 70 of the [1988 c. 43.] Housing (Scotland) Act 1988 (“the Housing Act functions”).

(2) The Secretary of State may by regulations require a local authority in any prescribed case to apply to a rent officer for a determination to be made in pursuance of the Housing Act functions and any such authority shall comply with prescribed requirements as to the time for making such an application.

(3) Where a local authority would have been required to apply to a rent officer for a determination under the Housing Act functions in a pre-commencement case, had the first regulations under section 30(2B) of the 1986 Act (which corresponded to subsection (2) above) come into force on 1st April 1989, regulations may make provision—

(a) requiring the authority in prescribed circumstances to apply within a prescribed period to the rent officer for that determination to be made; and

(b) requiring the rent officer in prescribed circumstances to make that determination on prescribed assumptions.

(4) In subsection (3) above “pre-commencement case” means any case which arose before the date on which the first regulations under section 30(2B) of the 1986 Act in fact came into force.