The Rent Officers (Housing Benefit Functions) Order 1997

Article 3(1)(b)

PART II ASSUMPTIONS etc.

Medical, nursing and other care services

7.  In a case where the local authority states in the application that the rent includes any of the charges specified in paragraph 1(d), (e) or (f) of Part I of Schedule 1 to the 1987 Regulations (ineligible service charges)(1), the rent officer shall assume that—

(a) the items to which the charges relate were not to be provided or made available; and

(b) the rent payable under the tenancy at the relevant time is such amount as is specified in the application as the rent which would have been payable under the tenancy at that time if those items were not to be provided or made available.

Housing associations etc.

8.—(1) In a case where the local authority states in the application that the landlord is a housing association or a charity, the rent officer shall assume that the landlord is not such a body.

(2) The rent officer shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.

(3) In this paragraph—

• “charity” has the same meaning as in the Charities Act 1993(2), except that it includes a Scottish charity (which has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990(3)); and

• “housing association” has the same meaning as in the Housing Associations Act 1985(4).

(1)

Amended by S.I. 1994/1003.

(2)

1993 c. 10.

(3)

1990 c. 40.

(4)

1985 c. 69; see section 1(1).