Explanatory note

This Order amends the Rent Officers (Housing Benefit Functions) Order 1997 and the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997.

Schedule 2 to each of the Orders requires the rent officer to apply size criteria when making determinations in accordance with Schedule 4 of the Orders. Schedule 2 requires the rent officer to allow an additional bedroom where the local authority making an application for a determination states that the tenant or the tenant’s partner is a person requiring overnight care.

The amendments require a rent officer to include an additional bedroom where the local authority making an application for a determination states that the tenant or the tenant’s partner is a qualifying parent or carer within the meaning of the Housing Benefit Regulations 2006 (S.I. 2006/213). This will apply to a person who has a child or qualifying young person placed with them who would not be taken into account as an occupier because they are in the care of the local authority. It will also apply to a person who is approved as a foster parent (or in Scotland approved as a foster carer or kinship carer) but who does not currently have a child or qualifying young person placed with them (but only for a period of 52 weeks).

A full impact assessment has not been produced for this instrument as it has no impact on the private sector or civil society organisations.