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Paragraph 1 Categories of dwellingC1C2C3F1

Scotland

(1)

The categories of dwelling for which a rent officer is required to determine a local housing allowance in accordance with article F2article 4B(2A)(a) are—

(a)

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

(i)

a kitchen;

(ii)

a bathroom;

(iii)

a toilet; or

(iv)

a room suitable for living in;

(b)

a dwelling where the tenant (together with his partner where he has one) has the exclusive use of only one bedroom and exclusive use of a kitchen, a bathroom, a toilet and a room suitable for living in;

(c)

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

(d)

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

(e)

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

F3(f)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

In—

(a)

sub-paragraph (1)(b) “partner” has the same meaning as in regulation 2 of the Housing Benefit Regulations or, as the case may be, regulation 2 of the Housing Benefit (State Pension Credit) Regulations;

(b)

sub-paragraph (1)(c) F4to (e) “bedroom” means a bedroom, except for a bedroom which the tenant shares with any person other than—

(i)

a member of his household;

(ii)

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

(iii)

a person who pays rent to the tenant.

Annotations

Textual amendments

F1

Sch. 3B inserted (20.3.2008) by The Rent Officers (Housing Benefit Functions) Amendment Order 2007 (S.I. 2007/2871), arts. 1(3), 13(4) (with arts. 2, 11)

F2

Word in Sch. 3B para. 1(1) substituted (2.4.2012) by The Rent Officers (Housing Benefit Functions) (Amendment) Order 2012 (S.I. 2012/646), arts. 1, 3(4)(a)

F3

Sch. 3B para. 1(1)(f) omitted (18.3.2011) by virtue of The Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836), arts. 1(2), 4(3)(a)(i)

F4

Words in Sch. 3B para. 1(2)(b) substituted (18.3.2011) by The Rent Officers (Housing Benefit Functions) Amendment Order 2010 (S.I. 2010/2836), arts. 1(2), 4(3)(a)(ii)

Modifications

C1

Sch. 3B modified (28.1.2021) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2020 (S.I. 2020/1519), arts. 1, 3

C2

Sch. 3B modified (31.1.2022) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment and Modification) Order 2021 (S.I. 2021/1380), arts. 1(1), 6

C3

Sch. 3B modified (31.1.2023) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2023 (S.I. 2023/6), arts. 1(1), 3

Notes on Schedule 3B

Modifications

C4

Sch. 3B modified (31.1.2025) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2025 (S.I. 2025/5), arts. 1(1), 3

C5

Sch. 3B modified (30.1.2026) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Modification) Order 2026 (S.I. 2026/5), arts. 1(1), 3