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The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000
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- 2000 No. 3
- Explanatory Note
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Explanatory Note
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This Order amends the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 (“the 1997 Order”) which confers functions on rent officers, in connection with housing benefit and rent allowance subsidy, and requires them to make determinations and redeterminations in respect of tenancies and licences of dwellings.
A new definition of “relevant period”, in relation to determinations and redeterminations, is inserted in article 2 of the 1997 Order (article 3).
Articles 4 and 5 make amendments to the provisions for determinations and redeterminations. Where an application for a redetermination is made, the rent officer must redetermine any effective determinations or redeterminations in respect of the tenancy.
Article 5 also makes provision for substitute determinations and substitute redeterminations where an application contained an error or the rent officer made an error. Where the rent officer becomes aware of an error he has made, he must notify the local authority as soon as practicable (article 8).
A new paragraph 6 of Schedule 1 to the 1997 Order requires the rent officer to determine the claim-related rent. Where the dwelling is not in a hostel, the rent officer must also determine the total amount of ineligible charges excluded from the claim-related rent because of the assumptions in paragraph 7 of Schedule 1. He must notify this and the claim-related rent to the local authority as well as any local reference rent and single room rent ( articles 11 and 13).
When making determinations the rent officer must exclude service charges (except certain meal charges) that are ineligible for housing benefit, and certain other service charges for claimants in supported accommodation ( articles 10, 12 and 14).
The Order makes other minor and drafting amendments.
The amendments made by articles 7, 10(b) and (c) and 11 to 14 do not apply to an application made before 3rd April 2000 or an application for a redetermination where the application for the original determination was made before 3rd April 2000.
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