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Article 6 Exceptions

Scotland

(1)

No determinationF1, redetermination, board and attendance determination or board and attendance redetermination shall be made if the application for it is withdrawn.

(2)

No determination shall be made under paragraph 3, 4 or 5 of Part I of Schedule 1 if the tenancy is of residential accommodation, within the meaning of F2regulation 9(4) of the Housing Benefit Regulations or, as the case may be, regulation 9(4) of the Housing Benefit (State Pension Credit) Regulations, or in a hostel.

(3)

No determination shall be made under paragraph 5 of Part I of Schedule 1 unless the local authority states in the application that the claimant is, or may be, a young individual (which has the same meaning as in F3the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations).

(4)

If the rent officer becomes aware that an application is not one which gives rise to a duty to make a determinationF4, redetermination, board and attendance determination or a board and attendance redetermination, the rent officer shall give the local authority notice to that effect.

Annotations

Textual amendments

F1

Words in art. 6(1) substituted (24.9.2003) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 3(7)(a)

F2

Words in art. 6(2) substituted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(8)(a) (with regs. 2, 3, Sch. 3, Sch. 4) (S.I. 2007/2871, art. 19(5)(a))

F3

Words in art. 6(3) substituted (6.3.2006 for specified purposes, 7.4.2008 for all other purposes) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 12(8)(b) (with regs. 2, 3, Sch. 3, Sch. 4); (S.I. 2007/2871, art. 19(5)(b))

F4

Words in art. 6(4) substituted (24.9.2003) by The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003 (S.I. 2003/2398), arts. 1(1), 3(7)(b)