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Paragraph 1 Categories of dwellingF1F2

England, Wales and Scotland

(1)

The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article 4B(2)(a)(i) are—

(a)

a dwelling where the tenant has the exclusive use of only one bedroom and where the tenancy provides for him to—

(i)

share the use of a kitchen, a bathroom and toilet and a room suitable for living in;

(ii)

have the exclusive use of a kitchen or facilities for cooking and share the use of a bathroom and toilet and a room suitable for living in; or

(iii)

have the exclusive use of a bathroom and toilet and share the use of a kitchen and a room suitable for living in;

(b)

a dwelling where the tenant has the use of only two rooms;

(c)

a dwelling where the tenant has the use of only three rooms;

(d)

a dwelling where the tenant has the use of only four rooms;

(e)

a dwelling where the tenant has the use of only five rooms;

(f)

a dwelling where the tenant has the use of only six rooms.

(2)

In sub-paragraph (1)(b) to (f) of this paragraph and in paragraph 3 “room” means a bedroom or room suitable for living in, except for a room which the tenant shares with any person other than—

(a)

a member of his household;

(b)

a non-dependant of the tenant (within the meaning of F3 F4 regulation 3 of the Housing Benefit Regulations or, as the case may be, regulation 3 of the Housing Benefit (State Pension Credit) Regulations ); or

(c)

a person who pays rent to the tenant.

Annotations

Textual amendments

F1

Sch. 3A inserted (24.9.2003) by Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 2(10), Sch. 2

F2

Sch. 3A omitted (7.4.2008) by virtue of Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 6(8) (with arts. 2, 6(1), (2))

F3

Words in Sch. 3A para. 1(2)(b) substituted (7.4.2008) by Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(4), 10(8) (with art. 2)

F4

Words in Sch. 3A para. 1(2)(b) substituted (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 11(11) (with regs. 2, 3, Sch. 3, 4)