The Housing Benefit Regulations 2006

[F1 When a maximum rent (social sector) is to be determined E+W+S

A13.— (1) Subject to paragraph (2), the relevant authority must determine a maximum rent (social sector) in accordance with regulation B13 (determination of a maximum rent (social sector)) where the relevant authority has not determined, and is not required to determine—

(a) a maximum rent in accordance with regulation 13 (maximum rent); F2 ...

(b) a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined)[F3 ; or

(c) an eligible rent in a case where paragraph 4 of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations applies.]

(2) This regulation does not apply—

(a) in a rent allowance case where the tenancy is an excluded tenancy of a type mentioned in any of paragraphs 4 to 11 of Schedule 2 (excluded tenancies) and the landlord is not a registered housing association;

(b) in respect of shared ownership tenancies;

(c) in respect of mooring charges for houseboats and payments in respect of the site on which a caravan or mobile home stands;

(d) where the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or where both have attained that age; or

(e) where the dwelling is temporary accommodation.

(3) In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—

(a) to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or

(b) to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

(4) The accommodation referred to in paragraph (3) is—

(a) accommodation—

(i) provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or

(ii) provided in a hotel, guest house, lodging house or similar establishment,

but does not include accommodation which is provided in a care home, an independent hospital or a hostel;

(b) accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;

(c) accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.]

Textual Amendments

F1 Reg. A13 - Reg. B13 inserted (1.4.2013) by The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(3), 5(7)

F2 Word in reg. A13(1)(a) omitted (3.3.2014) by virtue of The Housing Benefit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/212), regs. 1, 3(1)(a)

F3 Reg. A13(1)(c) and word inserted (3.3.2014) by The Housing Benefit (Transitional Provisions) (Amendment) Regulations 2014 (S.I. 2014/212), regs. 1, 3(1)(b)