The Rent Officers (Housing Benefit Functions) (Student Accommodation) Amendment Order 2004

Statutory Instruments

2004 No. 2101

HOUSING

SOCIAL SECURITY

The Rent Officers (Housing Benefit Functions) (Student Accommodation) Amendment Order 2004

Made

6th August 2004

Laid before Parliament

10th August 2004

Coming into force

31st August 2004

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by section 122(1) and (6) of the Housing Act 1996(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the Rent Officers (Housing Benefit Functions) (Student Accommodation) Amendment Order 2004 and shall come into force on 31st August 2004.

Amendment of Orders

2.—(1) In article 2(1) of the Rent Officers (Housing Benefit Functions) Order 1997(2) (interpretation), in the definition of “assured tenancy”, after “paragraph 2” insert “, 8”.

(2) In article 2(1) of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(3) (interpretation), in the definition of “assured tenancy”, after “paragraph” insert “7 or”.

Signed by authority of the Secretary of State for Work and Pensions.

Jane Kennedy

Minister of State,

Department for Work and Pensions

6th August 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 which confer on rent officers functions in relation to the determination of eligible rent for the purposes of claims for housing benefit under Part VII of the Social Security Contributions and Benefits Act 1992.

This Order amends the definition of “assured tenancy” in each of the 1997 Orders to include within that definition tenancies granted to students, in particular by educational institutions, so that a rent officer may take account of rent levels in student accommodation when making determinations for the purposes of those Orders.

A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.

(1)

1996 c. 52.

(2)

S.I. 1997/1984, to which there are amendments not relevant to this Order.

(3)

S.I. 1997/1995 (S.144), to which there are amendments not relevant to this Order.