Rent Officers (Housing Benefit Functions) Order 1997

JurisdictionUK Non-devolved
CitationSI 1997/1984
Year1997
(1) This Order may be cited as the Rent Officers (Housing Benefit Functions) Order 1997.(2) This article and articles 8 and 10(1) shall come into force on 18th August 1997 and all the other articles shall come into force on 3rd September 1997.(1) In this Order, unless the context otherwise requires—(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.make the determinations in accordance with Part I of Schedule 1 (determinations) ;comply with Part II of Schedule 1 when making the determinations (assumptions etc.) ; andgive notice in accordance with Part III of Schedule 1 (notifications) F21within the relevant period or as soon as is practicable after that period.make determinations in accordance with Part IV of Schedule 1 (indicative rent levels) in relation to the area of each local authority comply with paragraph 8(2) of Part II of Schedule 1 (assumptions etc.) when making the determinations; andgive to the local authority notice of the determinations relating to its area when they have been made.
  • make a new determination of that single room rent in accordance with Part I of Schedule 1;
  • comply with Part II of Schedule 1; and
  • give notice in accordance with Part III of Schedule 1 within the relevant period or as soon as is practicable after that period;
  • make redeterminations of any effective determinations and any effective redeterminations in respect of that tenancy; andgive notice within the relevant period or as soon as is practicable after that period.“effective determinations” means any determinations made in accordance with Part I of Schedule 1 which have effect at the date of the application for a redetermination of a determination or redetermination; and“effective redeterminations” means any redeterminations made in accordance with Schedule 3 which have effect at that date.(3) A rent officer whose advice is sought as provided for in Schedule 3 shall give that advice.(1) Where a local authority applies to a rent officer for a substitute determination, in accordance with F112F72 regulation 17 of the Housing Benefit Regulations or, as the case may be, regulation 17 of the Housing Benefit (State Pension Credit) Regulations, the provisions of this Order shall apply to that substitute determination as they apply to a determination, but as if references to the relevant time were references to the date the application for the original determination was made or, if earlier, the date the tenancy ended.(2) Where a local authority applies to a rent officer for a substitute redetermination, in accordance with that regulation, the provisions of this Order shall apply to that substitute redetermination as they apply to a redetermination.determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of that local authority so that every part of the area of that authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; andspecifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; andidentifies such of those postcodes as fall within the area of that authority.determine one or more broad rental market areas which will (during the month which next begins after the determination is made) fall, in whole or in part, within the area of the local authority so that every part of the area of that local authority falls within a broad rental market area and no part of the area of that authority falls within more than one broad rental market area; andspecifies the area contained within each broad rental market area as falls, in whole or in part, within the area of that authority, by reference to the postcodes for each such broad rental market area; andidentifies such of those postcodes as fall within the area of that authority.(1B) The power in paragraph (1A) is not limited by paragraph F1742(2) of Schedule 3B.a local housing allowance for each of the categories of dwelling set out in paragraph 1 of that Part; andlocal housing allowances for such other categories of dwelling of more than six rooms as a rent officer believes are likely to be required for the purpose of calculating housing benefit,

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