The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

Rent officers' determinations

8.—(1) Where this article applies, in respect of that part of the housing benefit qualifying expenditure which is attributable to allowances granted for the period beginning on the relevant date and ending on the termination date, the appropriate amount, for the purposes of article 4(1)(b)(ii), shall be calculated in accordance with Schedule 5.

(2) This article applies where—

(a) an authority applies to a rent officer for a determination to be made uder the Rent Officers Order in relation to dwelling; and

(b) the officer makes a determination under that Order.

(3) Except where paragraph (4) applies, this article applies where an authority is required to apply for a determination in relation to a dwelling during the relevant year under regulation 12A of the Housing Benefit Regulations(1) (requirement to refer to rent officers) which a rent officer would be required to make, but the authority fails to apply for the determination.

(4) This article applies where—

(a) the dwelling (A) is in a hostel; and

(b) by virtue of regulation 12A(2) of the Housing Benefit Regulations an application for a determination in respect of that dwelling (A) is not required because the dwelling is regarded as similar to another dwelling (B) in that hostel in respect of which a determination has been made, and in such a case the determination made in respect of dwelling (B) shall, for the purposes of this article, be treated as if it were a determination in respect of dwelling (A).

(5) This article applies where a rent officer has made a determination in respect of a tenancy of a dwelling and by virtue of paragraph 2 of Schedule 1A to the Housing Benefit Regulations(2) (excluded tenancies) a new determination is not required in respect of another tenancy of the dwelling, and in such a case the determination made shall, for the purposes of this article, be treated as if it were a determination made in respect of that tenancy.

(6) Where a determination as to the rent which a landlord might reasonably be expected to obtain in respect of a dwelling is made by a rent assessment committee following a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order, this article shall cease to apply in so far as it relates to a determination made by a rent officer under paragraph 1 of Schedule 1 to the Rent Officers Order from the date on which the rent assessment committee’s determination takes effect.

(1)

Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

(2)

Schedule 1A was inserted by regulation 13 of S.I. 1990/546.