The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000

Redeterminations, substitute determinations and substitute redeterminations

5.  For article 4 (redeterminations), substitute–

“Redeterminations

4.— (1) Subject to article 6, where the local authority applies to a rent officer for a redetermination of any determination or redetermination in respect of a tenancy of a dwelling the rent officer shall, in accordance with Schedule 3–

(a) make redeterminations of any effective determinations and any effective redeterminations in respect of that tenancy; and

(b) give notice within the relevant period or as soon as is practicable after that period.

(2) For the purposes of paragraph (1)–

(a) “effective determinations” means any determinations made in accordance with Part I of Schedule 1 which have effect at the date of the application for a redetermination of a determination or redetermination; and

(b) “effective redeterminations” means any redeterminations made in accordance with Schedule 3 which have effect at that date.

(3) A rent officer whose advice is sought as provided for in Schedule 3 shall give that advice.

Substitute determinations and substitute redeterminations

4A.— (1) Where a local authority applies to a rent officer for a substitute determination, in accordance with regulation 12C of the 1987 Regulations(1), the provisions of this Order shall apply to that substitute determination as they apply to a determination, but as if references to the relevant time were references to the date the application for the original determination was made or, if earlier, the date the tenancy ended.

(2) Where a local authority applies to a rent officer for a substitute redetermination, in accordance with that regulation, the provisions of this Order shall apply to that substitute redetermination as they apply to a redetermination.”.

(1)

Regulation 12C was inserted by S.I. 2000/4.