The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

[F1 When a maximum rent ( LHA ) is to be determined

13C.— (1)  A relevant authority shall determine a maximum rent ( LHA ) in accordance with regulation 13D (determination of a maximum rent ( LHA )) in any case where paragraphs (2) or (3) apply.

(2) This paragraph applies where a relevant authority has received—

(a) a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(b) relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(c) in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 13A or 13D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

(d) in relation to an award of housing benefit where a maximum rent ( LHA ) was determined in accordance with regulation 13D—

(i) notification of a change of a kind which affects the category of dwelling applicable to the claim;

(ii) notification of the death of a linked person, where the notification does not fall within head (i); F2 ...

(iii) notification of a change of dwelling [F3 or

(iv) notification of a change of a kind which affects the amount of the claimant’s cap rent as determined in accordance with regulation 13D (determination of a maximum rent (LHA)).]

[F4 (3) This paragraph applies on 1st April in any year.]

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This regulation does not apply in a case where—

[F6 (a) the landlord is—

(i) a registered social landlord,

(ii) a non-profit registered provider of social housing, or

(iii) in relation to a dwelling which is social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008), a profit-making registered provider of social housing;]

(b) paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

(c) the tenancy is an excluded tenancy of a type [F7 mentioned in any of paragraphs 4 to 11] of Schedule 2;

(d) the claim or award relates to—

(i) periodical payments of kind falling within regulation 12(1) (rent) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or

(ii) rent payable in relation to a hostel; or

(e) rent under the tenancy is attributable to board and attendance, and—

(i) the relevant authority has made an application to the rent officer in accordance with regulation 13D(10) (board and attendance determination), regulation 15 (applications to the rent officer for determinations) or regulation 17 (substitute determinations or substitute redeterminations); and

(ii) the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the relevant authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order .

(6) In this regulation—

F8 ...

“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 or, in Scotland, [F9 section 165 of the Housing (Scotland) Act 2010].]

Textual Amendments

F1 Regs. 13C-13E inserted (with application in accordance with reg. 1(5)(6)(7) of the amending S.I.) by Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regs. 1(3), 7

F2 Word in reg. 13C(2)(d)(ii) omitted (1.4.2013) by virtue of The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(3), 4(2)(a)(i)

F3 Reg. 13C(2)(d)(iv) and word added (1.4.2013) by The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(3), 4(2)(a)(ii)

F4 Reg. 13C(3) substituted (1.1.2013) by The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(2), 4(2)(b)

F5 Reg. 13C(4) omitted (1.1.2013) by virtue of The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(2), 4(2)(c)

F6 Reg. 13C(5)(a) substituted (1.4.2010) by The Housing and Regeneration Act 2008 (Consequential Provisions) (No. 2) Order 2010 (S.I. 2010/671), art. 1(2), Sch. 1 para. 58 (with Sch. 2); S.I. 2010/862, art. 2

F7 Words in reg. 13C(5)(c) substituted by SI 2007/2869 reg. 7 (as amended) (7.4.2008) by Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 5(4)(a)

F8 Words in reg. 13C(6) omitted (1.1.2013) by virtue of The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(2), 4(2)(d)

F9 Words in reg. 13C(6) substituted (1.4.2012) by The Housing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2012 (S.I. 2012/700), art. 1(3), Sch. para. 16(3)