12BA.—(1) This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A13 (when a maximum rent (social sector) is to be determined).
(2) Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector).
(3) Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is—
(a)the eligible rent which applied on the day before the death occurred; or
(b)in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 12B(2),
where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).
(4) [F3For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.]
[F3For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—
(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or
(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.]
(5) Where a person’s eligible rent has been determined in accordance with paragraph (3) (protection on death), it shall apply until the first of the following events occurs—
(a)the period of 12 months from the date of death has expired;
(b)the determination of an eligible rent in accordance with paragraph (3) (protection on death) in relation to a subsequent death;
(c)there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3);
(d)there is a change of dwelling; or
(e)the determination of an eligible rent under regulation 12B.
(6) Where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for the dwelling when they were entered into, the eligible rent is an eligible rent determined in accordance with regulation 12B(2) where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).
(7) Paragraph (6) shall not apply where the claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.
(8) Where a person’s eligible rent has been determined in accordance with paragraph (6) (13 week protection), it shall apply until the first of the following events occurs—
(a)the first 13 weeks of the claimant’s award of housing benefit have expired;
(b)the determination of an eligible rent in accordance with paragraph (3) (protection on death);
(c)there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (6);
(d)there is a change of dwelling; or
(e)the determination of an eligible rent under regulation 12B.]]
Textual Amendments
F1Regs. 12B-12D inserted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 5 (with reg. 1(6))
F2Reg. 12BA inserted (1.4.2013) by The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(3), 5(5)