Explanatory note

This Order revokes and re-enacts with minor modifications the Rent Officers (Additional Functions) Order 1989, as amended by the Rent Officers (Additional Functions) (Amendment) Order 1989, which conferred functions on rent officers in connection with housing benefit and rent allowance subsidy. Article 3 provides that where a local authority applies (and is required, by regulations made under section 30(2B) or (2C) of the Social Security Act 1986, to apply) to a rent officer for determinations relating to a tenancy or licence of a dwelling, the rent officer must make the determinations and give notice to the local authority in accordance with Schedule 1 to the Order. The determinations relate to the level of rent, the size of the dwelling and rent attributable to the provision of services. Article 4 provides for a rent officer, with the advice of one or two other rent officers, to make a redetermination if a local authority applies for one.

The modifications include a requirement for a rent officer to make a determination under paragraph 3 of Schedule 1 to the Order (about rent attributable to services) where he makes a determination under paragraph 1(1) of that Schedule, so long as he does not also make a determination under paragraph 1(2) of that Schedule. Also, the Order no longer lists tenancies and licences for which determinations cannot be made, but, as mentioned above, applications for determinations can only be made when required by regulations made under the Social Security Act 1986. The Order also introduces, in paragraph 4 of that Schedule, assumptions rent officers must make relating to medical and certain other services.