The Housing Benefit Regulations 2006 No. 213

PART 3E+W+SPayments in respect of a dwelling

[F1Determination of a maximum rent (LHA)E+W+S

13D.—(1) Subject to paragraph (3) to (11), the maximum rent (LHA) shall be the local housing allowance determined by the rent officer by virtue of article 4B(2A) or (4) of the Rent Officers Order which is applicable to—

(a)the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

(b)the category of dwelling which applies at the relevant date in accordance with paragraph (2).

(2) The category of dwelling which applies is—

(a)the category specified in paragraph 1(1)(a) of Schedule 3B to the Rent Officers Order (one bedroom shared accommodation) where—

(i)the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 3 (severe disability premium) does not apply; or

(ii)paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 3 (severe disability premium) applies, or to whom the circumstances in any of paragraphs (b) to (f) [F2or (i)] of the definition of young individual applies (certain care leavers);

(b)except where paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria [F3as set out in paragraph (3)] and—

(i)the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or

(ii)the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,

and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

(c)in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with [F4paragraphs (3) to (3B)] [F5up to a maximum of four] bedrooms.

(3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—

[F6(za)a member of a couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;]

(a)a coupleF7...;

(b)a person who is not a child;

[F8(ba)a child who cannot share a bedroom [F9or a member of a couple who cannot share a bedroom];]

(c)two children of the same sex;

(d)two children who are less than 10 years old;

(e)a child.

[F10but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child [F11or the member of the couple] were able to share a bedroom.]

F12...

[F13(3A) The claimant is entitled to one additional bedroom in any case where—

[F14(a)one or more of the following persons is a person who requires overnight care—

(i)the claimant;

(ii)the claimant’s partner;

(iii)a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

(iv)a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or]

(b)the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.

(3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.]

(4) The relevant authority shall determine —

(a)the cap rent (in accordance with the definition in paragraph (12)); and

(b)whether the cap rent exceeds the applicable local housing allowance.

[F15(5) Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.]

F16(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F17(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The relevant authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order where—

(a)the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C; and

(b)part of the rent under the tenancy appears to the relevant authority to be likely to be attributable to board and attendance.

(11) Where an application to a rent officer is required in accordance with paragraph (10) it shall be made within the same period following the day on which the relevant authority becomes obliged to determine a maximum rent (LHA) by virtue of regulation 13C as would be required if the application were to be made under regulation 14(1).

(12) In this regulation—

“cap rent” means the aggregate of such payments specified in regulation 12(1) (rent) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8 (circumstances in which a person is treated as liable to make payments in respect of a dwelling), subject to regulation 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent);

[F20“occupiers” means—

(a)

the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; and

(b)

any member of the armed forces away on operations who—

(i)

is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

(ii)

was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

(iii)

intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;]

“relevant date” means, as the case may require—

(a)

the date of the claim to which the claim or relevant information referred to in regulation 13C(2)(a) or (b) relates;

(b)

the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 13C(2)(c) or (d) relates; or

(c)

the date on which the anniversary of the LHA date referred to in regulation 13C(3) falls.

“tenancy” includes

(a)

in Scotland, any other right of occupancy; and

(b)

in any other case, a licence to occupy premises,

and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly.]

Textual Amendments

F1Regs. 13C-13E inserted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 7 (with reg. 1(6))

F2Words in reg. 13D(2)(a)(ii) inserted (24.6.2013) by The Children’s Hearings (Scotland) Act 2011 (Consequential and Transitional Provisions and Savings) Order 2013 (S.I. 2013/1465), art. 1(2), Sch. 1 para. 23(3)

F3Words in reg. 13D(2)(b) inserted by SI 2007/2868 reg. 7 (as amended) (7.4.2008) by The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 4(4)(b)