The Rent Officers (Universal Credit Functions) Order 2013

Interpretation

2.  In this Order—

“Welfare Reform Act” means the Welfare Reform Act 2012(1);

“the Universal Credit Regulations” means the Universal Credit Regulations 2013(2);

“accommodation” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

“applicable consumer prices index” in relation to any year means the consumer prices index of annual inflation as at September of that year published by the Office for National Statistics(3);

“assured tenancy”—

(a)

in England and Wales, has the same meaning as in Part 1 of the Housing Act 1988(4), except that it includes—

(i)

a tenancy which would be an assured tenancy but for paragraph 2, 8 or 10 of Schedule 1 (tenancies which cannot be assured tenancies) to that Act; and

(ii)

a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy; and

(b)

in Scotland, has the same meaning as in Part 2 of the Housing (Scotland) Act 1988(5), except that it includes—

(i)

a tenancy which would be an assured tenancy but for paragraph 7 or 9 of Schedule 4 (tenancies which cannot be assured tenancies) to that Act; and

(ii)

any other form of occupancy which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;

“broad rental market area” has the meaning given in article 3;

“housing payment” means a relevant payment within the meaning of paragraph 3 of Schedule 4 (housing costs element for renters) to the Universal Credit Regulations;

“local authority” means—

(a)

in relation to England, the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;

(b)

in relation to Wales, the council of a county or county borough; and

(c)

in relation to Scotland, a council constituted under section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994(6);

“provider of social housing” has the meaning given in paragraph 2 of Schedule 4 to the Universal Credit Regulations;

“relevant time” means the time the request for the determination is made or, if earlier, the date the tenancy ends;

“service charge payments” has the meaning given in paragraph 7 of Schedule 1 (meaning of payments in respect of accommodation) to the Universal Credit Regulations;

“tenancy” includes—

(a)

in England and Wales, a licence to occupy premises; and

(b)

in Scotland, any other right of occupancy,

and references to rent, a tenant, a landlord or any other expression appropriate to a tenancy are to be construed accordingly;

“tenant” includes, where the tenant is a member of a couple within the meaning of section 39 of the Welfare Reform Act, the other member of the couple;

“working day” means any day other than—

(a)

a Saturday or a Sunday;

(b)

Christmas Day or Good Friday; or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971(7) in any part of Great Britain.

(1)

2012 c.5.

(2)

S.I. 2013/376.

(3)

The Consumer Prices Index figure is published on the website of the Office for National Statistics (www.ons.gov.uk).

(4)

1988 c.50.

(5)

1998 c.43.

(6)

1994 c.39.

(7)

1971 c.80.