Paragraph 13 Interpretation

In this Schedule, unless the context otherwise requires—

• “appropriate indicative rent level” means the indicative rent level for the category of dwelling into which the dwelling in question falls, as described in Schedule 1 to the Rent Officers Order except that, where a payment on account is made to a young individual, the category of dwelling shall be that within head (b) of paragraph 9(3) of that Schedule, less, in the case of a dwelling falling within that head or head (a) of that paragraph, any amount ineligible to be met under paragraph 1A or Part II of Schedule 1 to the Housing Benefit Regulations (meal and fuel charges);

• “ineligible amounts” means, except as provided in the definition of “property-specific rent less ineligible amounts” below,—

  1. (a)

     any amount which the rent officer determines is attributable to the provision of services ineligible to be met by housing benefit, plus the amount in respect of fuel charges ineligible to be met under Part II of Schedule 1 to the Housing Benefit Regulations (payments in respect of fuel charges);

  2. (b)

     any amount in respect of amounts ineligible to be met by housing benefit under paragraph 1A of Schedule 1 to the Housing Benefit Regulations (amount ineligible for meals);

  3. (c)

     where the dwelling is a hostel within the meaning of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers), any amount ineligible to be met by housing benefit under paragraph 1 of Schedule 1 to those Regulations (ineligible service charges)^f1, other than under sub-paragraphs (d) to (f) of that paragraph;

• “property-specific rent”, “relevant rent” and “size-related rent” have, except as provided in the definition of “property-specific rent less ineligible amounts” below, the same meanings as are ascribed to them in paragraph 10 (interpretation) of Schedule 6 to the 1995 Order;

• “property-specific rent less ineligible amounts” has the meaning otherwise ascribed to those terms in this paragraph, except in a case where the property-specific rent is an exceptionally high rent and the rent officer has notified the authority that that exceptionally high rent determined by him does not include a payment ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the Housing Benefit Regulations, as the case may be (“ineligible payments”), when it means that exceptionally high rent less ineligible amounts other than ineligible payments,

Except in a case to which sub-paragraph (3) applies, in this Schedule any reference to a rent officer’s determination is, in any case where there has been more than one such determination, to the last such determination.

In a case where the last determination referred to in sub-paragraph (2) was made on the basis of—

which were not appropriate to the claim for a rent allowance in respect of which the allowance was granted, any reference to a rent officer’s determination is to the last such determination which was appropriate to that claim.