The Housing Benefit and Council Tax Benefit (General) Amendment (No. 2) Regulations 1997

Landlord as a fit and proper person

2.—(1) In regulation 93 of the Housing Benefit Regulations(1) (circumstances in which payment is to be made to a landlord), after paragraph (2) there shall be added the following paragraph—

“(3) Where the appropriate authority is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance no such payment shall be made direct to him under paragraph (1).”.

(2) In regulation 94 of the Housing Benefit Regulations(2) (circumstances in which payment may be made to a landlord) in paragraph (1) after the words “does not apply” there shall be inserted the words “but subject to paragraph (1B)”, and after paragraph (1A) there shall be inserted the following paragraph—

“(1B) In a case where the appropriate authority is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant’s rent allowance, the authority may either—

(a) not make direct payments to the landlord in accordance with paragraph (1), or

(b) make such payments to the landlord where the authority is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.”.

(3) In regulation 95 of the Housing Benefit Regulations (withholding of benefit)—

(a) after paragraph (1) there shall be inserted the following paragraphs—

“(1A) An appropriate authority may withhold payment of rent allowance which it would otherwise make to a landlord in accordance with regulation 93(1) or 94(1), where the authority has evidence which raises a reasonable doubt as to whether the landlord is a fit and proper person to be the recipient of such payments.

(1B) An appropriate authority may withhold rent allowance payable to a claimant where the question whether payment be made to the landlord under regulation 93 or regulation 94 is for determination by the authority.”.

(b) after paragraph (6) there shall be inserted the following paragraphs—

“(6A) In a case to which paragraph (1A) applies, the authority shall within 14 days of the doubt arising, or such longer period as may be appropriate in the circumstances of the case, satisfy itself as to whether the landlord is a fit and proper person to be the recipient of payments of rent allowance, and—

(a) if it is so satisfied and that regulation 93 or, as the case may be, regulation 94, also continues to be satisfied, pay any payments withheld to which the claimant is entitled to the landlord under regulation 93 or regulation 94 as appropriate; or

(b) if it is so satisfied but the requirements of regulation 93 or, as the case may be, regulation 94 are no longer satisfied, or if it is not so satisfied—

(i) pay that amount to the claimant; or

(ii) where these Regulations enable it to do so, make such other arrangements for the payment of that amount as appear appropriate in the circumstances of the case.

(6B) In a case to which paragraph (1B) applies, the authority shall determine the question arising under regulation 93 or regulation 94 within 14 days of its determination to withhold payment of rent allowance from the claimant or such longer period as may be appropriate in the circumstances of the case, and

(a) where it determines that payments be made to the landlord in accordance with regulation 93 or, as the case may be, regulation 94, pay those payments withheld to the landlord; or

(b) where it determines that payments shall not be made to the landlord—

(i) pay those payments withheld to the claimant; or

(ii) where these Regulations enable it to do so, make such other arrangements for the payment of the amount withheld as appear appropriate in the circumstances of the case.”.

(1)

Regulation 93 was amended by S.I. 1997/65.

(2)

The relevant amending instrument is S.I. 1994/2137.