Joint Committee on Statutory Instruments Third Report


APPENDIX 5

Memorandum from the Department of Social Security

HOUSING BENEFIT (GENERAL) AMENDMENT (NO. 3) REGULATIONS 2001 (S.I. 2001/1324)
RENT OFFICERS (HOUSING BENEFIT FUNCTIONS) (AMENDMENT) ORDER 2001 (S.I. 2001/1325)
RENT OFFICERS (HOUSING BENEFIT FUNCTIONS) (SCOTLAND) (AMENDMENT)
ORDER 2001 (S.I. 2001/1326)

1. In its letter of 9 May 2001 the Committee asked the Department to submit a memorandum on the following point:

    New article 3A (inserted by article 3(2) of S.I. 2001/1325 and 1326) provides that a determination of a single room rent made by the rent officer before 2 July 2001 shall cease to have effect on the day before 2 July 2001 and a rent officer must make a new determination of that rent. Explain why the underlined words have been included, given that this Order comes into force on 2 July 2001. If the provision is intended to have a retrospective effect, identify the provision in the 1996 Act which authorises that effect. Corresponding question in relation to new regulation 12A(1AA) inserted by regulation 2(2) of S.I. 2001/1324.

2. The Department acknowledges that there is a defect in the drafting of the commencement provisions of these instruments which it is taking steps to correct.

June 2001


 
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