The Rent Officers (Additional Functions) (Scotland) Order 1995

Services

5.—(1) Where the dwelling is not in a hostel and the rent officer makes a determination under—

(a) paragraph 1(1) where no determination is to be made under paragraph 1(2), 2(2) or 3(3);

(b) paragraph 1(2) where no determination is to be made under paragraph 2(2) or 3(3);

(c) paragraph 2(2) where no determination is to be made under paragraph 3(3); or

(d) paragraph 3(3),

he shall also determine whether, in his opinion, any of the rent at the relevant time is fairly attributable to the provision of services which are ineligible to be met by housing benefit and, if so, the amount which in his opinion is so attributable except where he considers the amount is negligible.

(2) In sub-paragraph (1)—

“rent”, in relation to a determination under paragraph 1(2), 2(2) or 3(3), means as the case may be the rent determined under paragraph 1(2), 2(2) or 3(3) and, in relation to a determination under paragraph 1(1), means the rent payable under the tenancy at the relevant time; and

“services” has the meaning given in paragraph 4(4).