The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

Interpretation S

2.—(1) In this Order, unless the context otherwise requires–

• F1 ...

• “assured tenancy" has the same meaning as in Part II of the Housing (Scotland) Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph [F2 7 or] 9 of Schedule 4 to that Act;

• [F3 “board and attendance determination” means a determination made in accordance with article 4C;]

• [F4 “broad rental market area” has the meaning specified in paragraph 4 of Part I of Schedule 3A [F5 or paragraph 4 of Schedule 3B, as the case may be,] to this Order;]

• [F4 “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B;]

  [F6 “broad rental market area determination” means a determination made in accordance with article 4B(1) [F7 or 4B(1A), as the case may be]; ]

• [F6 “broad rental market area determination” means a determination made in accordance with article 4B(1A);]

  “child" means a person under the age of 16;

• “determination" means a determination made in accordance with Part I or IV of Schedule 1 to this Order;

• “dwelling" 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;

• [F8 “hostel” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations or, as the case may be, regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations;]

• [F9 “the Housing Benefit Regulations” means the Housing Benefit Regulations 2006;]

• [F9 “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006; ]

• “local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994M1 ;

• [F10 [F3 “local housing allowance determination” means a determination made in accordance with article 4B(2) [F11 or article 4B(2A), as the case may be];]]

• [F10 “local housing allowance determination” means a determination made in accordance with article 4B(2A);]

  “occupier" means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling as his home;

• [F12 [F3 “pathfinder authority” means a local authority specified in column (1) of the table in Part II of Schedule 3A, on and after the date specified in column (2) of that table in relation to that authority;]]

• [F13 “person who requires overnight care” has the meaning given by regulation 2(1) of the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations;]

• [F3 “redetermination" means a redetermination made in accordance with article 4;]

• [F14 [F15 “relevant date” means the date specified by a pathfinder authority in an application for a local housing allowance determination made in accordance with regulation 13A(4)(a) of the Housing Benefit Regulations F3 or, as the case may be, regulation 13A(4)(a) of the Housing Benefit (State Pension Credit) Regulations;]]

• [F14 “relevant date” means the date specified by a local authority in an application for a local housing allowance determination made in accordance with regulation 13D(7)(a) of the Housing Benefit Regulations or, as the case may be, regulation 13D(7)(a) of the Housing Benefit (State Pension Credit) Regulations;]

  [F16 “relevant period” means–

  (a)

  in relation to a determination, the period of five working days (or, where the 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–

  (i)

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

  (ii)

  in any other case, the date on which he receives the application for the determination; and

  (b)

  in relation to a redetermination, the period of 20 working days beginning with–

  (i)

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

  (ii)

  in any other case, the date on which he receives the application for that redetermination;]

• “relevant time" means the time the application for the determination [F17 or board and attendance determination] is made or, if earlier, the tenancy ends;

• [F18 “rent” means any of the periodical payments referred to in regulation 12(1) of the Housing Benefit Regulations or, as the case may be, regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations];

  “size criteria" means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;

• “tenancy" includes any other right of occupancy and a prospective tenancy or right of occupancy and references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; and

• F19 ...

• [F20 working day” means any day other than a Saturday, a Sunday or a day which is a bank holiday in Scotland under the Banking and Financial Dealings Act 1971.]

(2) In this Order any reference to a notice or application is to a notice or application in writing, except in a case where the recipient consents (whether generally or specifically) to the notice or application being transmitted by electronic means.

Textual Amendments

F1 Words in art. 2(1) omitted (1.9.2013) by virtue of The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013 (S.I. 2013/1544), arts. 1, 3(2)

F2 Words in art. 2(1) inserted (31.8.2004) by The Rent Officers (Housing Benefit Functions) (Student Accommodation) Amendment Order 2004 (S.I. 2004/2101), arts. 1, 2(2)

F3 Words in art. 2(1) inserted (24.9.2003) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 3(2)

F4 Words in art. 2 substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(3)(a) (with arts. 2, 11, 15(1)(2))

F5 Words in art. 2 inserted (20.3.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 13(1)(a) (with arts. 2, 11)

F6 Words in art. 2 substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(3)(b) (with arts. 2, 11, 15(1)(2))

F7 Words in art. 2 inserted (20.3.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 13(1)(b) (with arts. 2, 11)

F8 Words in art. 2 substituted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes)) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(2)(a) (with regs. 2, 3, Sch. 3, Sch. 4); (2007/2871, reg. 19(1)(a))

F9 Words in art. 2 inserted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes)) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(2)(b) (with regs. 2, 3, Sch. 3, Sch. 4); (2007/2871, reg. 19(1)(b))

F10 Words in art. 2 substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(3)(c) (with arts. 2, 11, 15(1)(2))

F11 Words in art. 2 inserted (20.3.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 13(1)(c) (with arts. 2, 11)

F12 Words in art. 2 omitted (7.4.2008) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(3)(d) (with arts. 2, 11, 15(1)(2))

F13 Words in art. 2(1) inserted (1.4.2011) by The Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836), arts. 1(3), 5(2)

F14 Words in art. 2 substituted (7.4.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 15(3)(e) (with arts. 2, 11, 15(1)(2))

F15 Words in art. 2 substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(2)(c) (with regs. 2, 3, Sch. 3, Sch. 4)

F16 Words in art. 2 inserted (3.4.2000) by The Rent Officers (Housing Benefit Functions) (Scotland) Amendment Order 2000 (S.I. 2000/3), arts. 1(1), 3

F17 Words in art. 2(1) inserted (24.9.2003) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 3(3)

F18 Words in art. 2 substituted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes)) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(2)(d) (with regs. 2, 3, Sch. 3, Sch. 4); (2007/2871, reg. 19(1)(c))

F19 Words in art. 2 omitted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(2)(e) (with regs. 2, 3, Sch. 3, Sch. 4); (2007/2871, reg. 19(1)(d))

F20 Words in art. 2 added (20.3.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 13(1)(d) (with arts. 2, 11)

Marginal Citations

M1 1994 c.39.