The Housing Benefit and Community Charge Benefit (Subsidy) Order 1992

Relevant date

8.  For the purposes of this Schedule—

(a) in a case where a claim for rent allowance is made on or after 1st April 1991, the relevant date is the date on which entitlement to benefit commences;

(b) in a case where—

(i) on 1st April 1991 there is current on that date a claim for an allowance in relation to the dwelling; and

(ii) there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1991; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers Order, save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers Order had not taken effect by 31st March 1991, the relevant date will be 13 weeks after the relevant date determined under the Housing Benefit and Community Charge Benefit (Subsidy) Order 1991(1);

(c) in a case where—

(i) during the relevant year there has been a relevant change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations(2); and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required;

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations(3) (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;

(d) in a case where—

(i) the tenancy is not an excluded tenancy within the meaning of Schedule 1A to the Housing Benefit Regulations(4) (excluded tenancies); and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirements to refer to rent officers) an application for a determination in respect of that dwelling is not required; but nevertheless

(iii) the authority applies for a rent officer’s determination in respect of that dwelling,

the relevant date is the Monday following the date on or after 1st April 1991 on which the authority applied to the rent officer for the determination;

(e) in a case where a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent determined under the futher determination is higher than or equal to the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent officer;

(f) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.

(1)

S.I. 1991/587. See Schedule 5, paragraph 9.

(2)

Regulation 12A was inserted by regulation 5 of S.I. 1990/546.

(3)

Regulation 68 was amended by S.I. 1990/546.

(4)

Schedule 1A was inserted by regulation 13 of S.I. 1990/546.