Office of Public Sector Information

Section 123.

SCHEDULE 13 Housing benefit and related matters: consequential amendments

Rent Act 1977 (c. 42)

1 In section 63(7) of the Rent Act 1977 (expenditure on rent officers to be met by Secretary of State), in paragraph (a), for “or an order under section 121 of the Housing Act 1988” substitute “or an order under section 122 of the Housing Act 1996”.

Housing Act 1985 (c. 68)

2 In section 425(2)(b) of the Housing Act 1985 (housing subsidy: local contribution differential), for “section 135” substitute “section 140A”.

Social Security Administration Act 1992 (c. 5)

3 (1) The Social Security Administration Act 1992 is amended as follows.

(2) In section 5(3) (regulations about benefit: information required by a rent officer), for “section 121 of the Housing Act 1988” substitute “section 122 of the Housing Act 1996”.

(3) In section 116(4) (legal proceedings for offences: definition of “appropriate authority”)—

(a) omit paragraph (a);

(b) in paragraph (b), for “that subsection” substitute “section 134 below”; and

(c) in paragraph (c), for “that subsection” substitute “that section”.

(4) In section 176 (consultation with representative organisations), in subsection (1)(b) for “section 134(12), 135, 139 or 140 above” substitute “any provision of Part VIII above”.

(5) In section 189(8) (requirement for consent of the Treasury), for “135, 140” substitute “140B, 140C”.

(6) In section 191 (interpretation: general)—

(a) at the appropriate place insert—

““council tax benefit scheme” shall be construed in accordance with section 139(1) above;”;

(b) in the definition of “rate rebate”, “rent rebate” and “rent allowance”, omit the reference to rate rebate;

(c) omit the definitions of “rates” and “rating authority”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

4 In section 135(8) of the Leasehold Reform, Housing and Urban Development Act 1993 (programmes for disposals of dwelling-houses by local authorities), for “section 135(1) of the Social Security Administration Act 1992 (housing benefit finance)” substitute “section 140A of the Social Security Administration Act 1992 (subsidy)”.

Section 141(1).

SCHEDULE 14 Introductory tenancies: consequential amendments

Housing Act 1985 (c. 68)

1 In section 88(1) of the Housing Act 1985 (cases where the secure tenant is a successor) after paragraph (e) insert “or

(f) the tenancy was previously an introductory tenancy and he was a successor to the introductory tenancy.”

2 In section 104(2) of the Housing Act 1985 (provision of information about secure tenancies) for the words “on the grant of the tenancy” substitute “when the secure tenancy arises”.

3 After section 115 of the Housing Act 1985 insert—

“115A Meaning of “introductory tenancy”

In this Part “introductory tenancy” has the same meaning as in Chapter I of Part V of the Housing Act 1996.”

4 In section 117 of the Housing Act 1985 (index of defined expressions: Part IV) insert at the appropriate place—

5 In Schedule 1 to the Housing Act 1985 (tenancies which are not secure tenancies) after paragraph 1 insert—

“Introductory tenancies

1A A tenancy is not a secure tenancy if it is an introductory tenancy or a tenancy which has ceased to be an introductory tenancy—

(a) by virtue of section 133(3) of the Housing Act 1996 (disposal on death to non-qualifying person), or

(b) by virtue of the tenant, or in the case of a joint tenancy every tenant, ceasing to occupy the dwelling-house as his only or principal home.”