Article 2 Interpretation

In this Order, unless the context otherwise requires—

• “assured tenancy” has the same meaning as in Part I of the Housing Act 1988, except that it includes a tenancy which would be an assured tenancy but for paragraph 2 or 10 of Schedule 1 to that Act and a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;

• “child” means a person under the age of 16;

• “determination” means a determination made in accordance with Part 1 or Part 4 of Schedule 1 to this Order;

• “dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

• “hostel” has the same meaning as in regulation 12A of the Housing Benefit (General) Regulations 1987^f1;

• “local authority” has the same meaning as in the Social Security Administration Act 1992^f2 in relation to England and in relation to Wales;

• “occupier” means a person (whether or not identified by name) who is stated, in the application for the determination, to occupy the dwelling;

• “relevant time” means the time the application for the determination is made or, if earlier, the tenancy ends;

• “rent” means any of the periodical payments referred to in regulation 10(1) of the Housing Benefit (General) Regulations 1987^f3;

• “size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in Schedule 2 to this Order;

• “tenancy” includes—

  1. (a)

     a licence; and

  2. (b)

     a prospective tenancy or licence; and

• references to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly; and

• “the 1987 Regulations” means the Housing Benefit (General) Regulations 1987.

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.