Article 3 Amendments to 1995 Order

after article 5(2) (cases where no determination to be made) insert—

“(3)

If the rent officer becomes aware that an application is not one which gives rise to a duty to make a determination under article 3(1) (whether by reason of this article or otherwise), the rent officer shall give the local authority notice to that effect.”; and

after paragraph 8(2) in Part 3 of Schedule 1 (notifications of determinations) insert—

“(2A)

Where the rent officer has made a determination under paragraph 3(3) of the highest rent for an assured tenancy and the rent payable under the tenancy includes a payment which is ineligible for housing benefit under paragraph 1(a)(i) or 4 of Schedule 1 to the 1987 Regulations (charges for meals or fuel), the rent officer when giving notice of his determination to the local authority shall also state in the notice whether the rent determined by him—

(a)

includes a payment which would be ineligible for housing benefit under paragraph 1(a)(i) of Schedule 1 to the 1987 Regulations; or

(b)

includes a payment which would be ineligible for housing benefit under paragraph 4 of that Schedule; or

(c)

includes both these payments.”.