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Statutory Instruments

2005 No. 236

HOUSING

SOCIAL SECURITY

The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005

Made

7th February 2005

Laid before Parliament

14th February 2005

Coming into force in accordance with article 1(2) and (3)

The Secretary of State for Work and Pensions, in exercise of the powers conferred upon him by sections 122(1) and (6) of the Housing Act 1996( 1 ) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation, commencement and interpretation

1. —(1) This order may be cited as the Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005.

(2) This article and articles 2, 3, 5 and 6 shall come into force on 13th March 2005.

(3) Articles 4 and 7 shall come into force in relation to the area of a local authority specified in the Schedule to this Order on the date specified in that Schedule in relation to that local authority.

(4) In this Order—

(a) local authority” has the same meaning as in the Social Security Administration Act 1992( 2 ); and

(b) the 2003 Order” means the Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2003( 3 ).

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997: pathfinder authorities

2. —(1) Paragraph (9) of article 2 of the 2003 Order is revoked.

(2) For the list of local authorities and dates specified in the table in Part II of Schedule 3A to the Rent Officers (Housing Benefit Functions) Order 1997( 4 ), substitute the following list—

Blackpool 17th November 2003
Brighton and Hove 2nd February 2004
Conwy 9th February 2004
Coventry 12th January 2004
East Riding of Yorkshire 18th April 2005
Guildford 4th July 2005
Leeds 9th February 2004
Lewisham 1st December 2003
North East Lincolnshire 9th February 2004
Norwich 13th June 2005
Pembrokeshire 20th June 2005
St Helens 23rd May 2005
Salford 25th July 2005
South Norfolk 6th June 2005
Teignbridge 12th January 2004
Wandsworth 11th April 2005.

Amendment of the Rent Officers (Housing Benefit Functions) Order 1997

3. In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Rent Officers (Housing Benefit Functions) Order 1997(determinations - single room rents)—

(a) for the words “(3) to (5)” substitute “(3) and (5)”; and

(b) for the words “this sub-paragraph” substitute “this paragraph”.

The Rent Officers (Housing Benefit Functions) Order 1997: additional pathfinder authorities

4.The Rent Officers (Housing Benefit Functions) Order 1997 shall apply in relation to the area of a local authority in England and Wales specified in the Schedule to this Order as it applies in relation to the area of a local authority in England and Wales specified in Schedule 1 to the 2003 Order.

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997: pathfinder authorities

5. —(1) Paragraphs (4) and (9) of article 3 of the 2003 Order are revoked.

(2)The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997( 5 ) shall have effect subject to the following amendments—

(a) in sub-paragraph (a) of paragraph (2) of article 3 (determinations) after the words “in the registration area” insert “except in relation to the area of a local authority which is a pathfinder authority”.

(b) for the list of local authorities and dates specified in the table in Part II of Schedule 3A, substitute the following list—

Argyll and Bute 30th May 2005
Edinburgh 9th February 2004.

Amendment of the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997

6. In sub-paragraph (3) of paragraph 5 of Schedule 1 to the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997(determinations - single room rents)—

(a) for the words “(3) to (5)” substitute “(3) and (5)”; and

(b) for the words “this sub-paragraph” substitute “this paragraph”.

The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997: additional pathfinder authorities

7.The Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 shall apply in relation to the area of a local authority in Scotland specified in the Schedule to this Order as it applies in relation to the area of a local authority in Scotland specified in Schedule 1 to the 2003 Order.

Signed by authority of the Secretary of State for Work and Pensions.

Chris Pond

Parliamentary Under-Secretary of State,

Department for Work and Pensions

7 February 2005

Article 1(5)

SCHEDULE DATE ON WHICH ARTICLES 4 AND 7 COME INTO FORCE FOR LOCAL AUTHORITY AREAS

Relevant authority Date
Argyll and Bute 25th April 2005
East Riding of Yorkshire 21st March 2005
Guildford 6th June 2005
Norwich 16th May 2005
Pembrokeshire 23rd May 2005
St Helens 25th April 2005
Salford 20th June 2005
South Norfolk 9th May 2005
Wandsworth 14th March 2005.
( 1 )

1996 c. 52 .

( 2 )

1992 c. 5 . See section 191 which has been amended by paragraph 94 of Schedule 16 to the Local Government (Wales) Act 1994 (c. 19) and paragraph 175(5) of Schedule 13 to the Local Government etc. (Scotland) Act 1994 (c. 39) .

( 3 )

S.I. 2003/2398 .

( 4 )

S.I. 1997/1984 . Relevant amending instruments are S.I. 2000/1 , 2001/1325 and 3561 , 2003/478 and 2398 and 2004/2101 .

( 5 )

S.I. 1997/1995 . Relevant amending instruments are S.I. 2000/3 , 2001/1326 and 3561 , 2003/478 and 2398 and 2004/2101 .

Status: This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
The Rent Officers (Housing Benefit Functions) (Local Housing Allowance) Amendment Order 2005 (2005/236)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
Defined TermSection/ArticleIDScope of Application
local authorityart. 1.local_auth_rtwvtg1
the 2003 Orderart. 1.the_2003_O_rtdhXRT

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