The Rent Officers (Housing Benefit Functions) Order 1997

Article 3(1)(c)

PART III NOTIFICATIONS OF PART I DETERMINATIONS

Notifications

9.—(1) Subject to sub-paragraph (2), the rent officer shall give notice to the local authority of determinations made under Part I within the relevant period.

(2) If the rent officer determines a rent under—

(a) paragraph 4 (local reference rents); or

(b) paragraph 5 (single room rents);

which is equal to or more than the rent payable for the tenancy, the rent officer shall give notice to the local authority of this in place of giving notice of the determination made under paragraph 4 or, as the case may be, paragraph 5 (and sub-paragraph (1) shall apply to such a notice as they apply to determinations).

(3) In this paragraph—

• “relevant period” means the period of 5 working days (or, where a determination does not relate to a prospective tenancy and the rent officer intends to inspect the dwelling before making the determination, 25 working days) beginning with—

  (a)

  where the rent officer requests further information under article 5, the date on which he received the information; and

  (b)

  in any other case, the date on which he received the application;

  or as soon as practicable after that period; and

• “rent payable for the tenancy” has the same meaning as in paragraph 3(1).

10.  Where the rent officer has made a determination under paragraph 3(3) of the highest rent for an assured tenancy and the rent payable under the tenancy includes a payment which is ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the 1987 Regulations(1) (charges for meals or fuel), the rent officer shall also state in the notice whether the rent determined by him—

(a) includes an amount which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations; or

(b) includes an amount which would be ineligible for housing benefit under paragraph 4 of that Schedule; or

(c) includes both these amounts.

(1)

Amended by S.I. 1988/1444.