OpenLegislation

Article 2 Interpretation

In this Order—

  • “Welfare Reform Act” means the Welfare Reform Act 2012 M1;

  • “the Universal Credit Regulations” means the Universal Credit Regulations 2013 M2;

  • “accommodation” 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;

  • F1“assessment period” has the same meaning as in section 40 of the Welfare Reform Act.

  • F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  • “assured tenancy”—

    1. (a)

      in England F3... , has the same meaning as in Part 1 of the Housing Act 1988 M3, except that it includes—

      1. (i)

        a tenancy which would be an assured tenancy but for paragraph 2, 8 or 10 of Schedule 1 (tenancies which cannot be assured tenancies) to that Act; and

      2. (ii)

        a licence which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy; and

    2. (b)

      in Scotland, has the same meaning as in Part 2 of the Housing (Scotland) Act 1988 M4, except that it includes—

      1. (i)

        a tenancy which would be an assured tenancy but for paragraph 7 or 9 of Schedule 4 (tenancies which cannot be assured tenancies) to that Act; and

      2. (ii)

        any other form of occupancy which would be an assured tenancy (within the extended meaning given in this definition) were it a tenancy;

  • “broad rental market area” has the meaning given in article 3;

  • “housing payment” means a relevant payment within the meaning of paragraph 3 of Schedule 4 (housing costs element for renters) to the Universal Credit Regulations;

  • F4“introductory standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 16 of that Act);

  • “local authority” means—

    1. (a)

      in relation to England, the council of a district or London borough, the Common Council of the City of London or the Council of the Isles of Scilly;

    2. (b)

      in relation to Wales, the council of a county or county borough; and

    3. (c)

      in relation to Scotland, a council constituted under section 2 (constitution of councils) of the Local Government etc. (Scotland) Act 1994 M5;

  • “private landlord” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 10 of that Act);

  • “private registered provider of social housing” has the meaning given by section 80(3) of the Housing and Regeneration Act 2008;

  • “provider of social housing” has the meaning given in paragraph 2 of Schedule 4 to the Universal Credit Regulations;

  • “registered social landlord” means a person registered in the register maintained under section 1 of the Housing Act 1996;

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

  • “secure contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act);

  • “service charge payments” has the meaning given in paragraph 7 of Schedule 1 (meaning of payments in respect of accommodation) to the Universal Credit Regulations;

  • “standard contract” has the meaning given by the Renting Homes (Wales) Act 2016 (see section 8 of that Act), but does not include—

    1. (a)

      an introductory standard contract,

    2. (b)

      a prohibited conduct standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 116 of that Act), or

    3. (c)

      a supported standard contract within the meaning given by the Renting Homes (Wales) Act 2016 (see section 143 of that Act);

  • “tenancy” includes—

    1. (a)

      in England and Wales, a licence to occupy premises; and

    2. (b)

      in Scotland, any other right of occupancy,

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

  • “tenant” includes, where the tenant is a member of a couple within the meaning of section 39 of the Welfare Reform Act, the other member of the couple;

  • “working day” means any day other than—

    1. (a)

      a Saturday or a Sunday;

    2. (b)

      Christmas Day or Good Friday; or

    3. (c)

      a day which is a bank holiday under the Banking and Financial Dealings Act 1971 M6 in any part of Great Britain.

Annotations

Textual amendments

F1

Words in art. 2 inserted (8.1.2015) by The Rent Officers (Housing Benefit and Universal Credit Functions) (Local Housing Allowance Amendments) Order 2014 (S.I. 2014/3126), arts. 1, 4(2)

F2

Words in art. 2 omitted (1.9.2013) by virtue of The Rent Officers (Housing Benefit and Universal Credit Functions) (Amendment) Order 2013 (S.I. 2013/1544), arts. 1, 4(2)

F3

Words in art. 2 omitted (W.) (1.12.2022) by virtue of The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 28(a)(i)

F4

Words in art. 2 inserted (W.) (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 28(a)(ii)

Marginal citations

M1

2012 c.5.

M2

S.I. 2013/376.

M3

1988 c.50.

M4

1998 c.43.

M5

1994 c.39.

M6

1971 c.80.