5.—(1) The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 is amended as follows.
(2) In article 2(1)(1) (interpretation), before the definition of “redetermination”, insert—
““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;”.
(3) In Schedule 1, in paragraph 4(2)(b) (determinations – local reference rents), after “room suitable for living in” in the first place it occurs insert “and neither the tenant nor the tenant’s partner is a person who requires overnight care”.
(4) In Schedule 2 (size criteria) after paragraph 1 add—
“1A. Where the tenant or the tenant’s partner is a person who is stated on the application for the determination as being a person who requires overnight care (or in any case where both of them are so stated), one additional bedroom is allowed.”.
There are amendments not relevant to this instrument.