PART IIIN.I.Payments in respect of a dwelling

Modifications etc. (not altering text)

[F1Maximum rentN.I.

14.—(1) Where the Executive has made a decision in accordance with Schedule 2, the maximum rent shall be determined in accordance with paragraphs (2) to (8).

(2) In a case where a claim-related rent has been decided, but a local reference rent or a single room rent is not required, the maximum rent shall be that claim-related rent.

(3) Subject to the limit specified in paragraph (4), in a case where both a local reference rent and a claim-related rent has been decided, the maximum rent shall be the local reference rent.

(4) In a case to which paragraph 8 of Schedule 3 to the Consequential Provisions Regulations applies, where a local reference rent has been decided, the maximum rent shall not exceed twice that local reference rent.

(5) Subject to paragraph (6), in the case of a young individual—

(a)except where sub-paragraph (b) applies, where the Executive has decided a single room rent, the maximum rent shall not exceed that single room rent;

(b)where—

(i)the Executive has decided a single room rent and a claim-related rent;

(ii)the claim-related rent includes payment in respect of meals, and

(iii)the single room rent is greater than the claim-related rent less an amount in respect of meals determined in accordance with paragraph 2 of Schedule 1,

the maximum rent shall not exceed the claim-related rent less that amount in respect of meals.

(6) Paragraph (5) shall not apply in the case of a claimant—

(a)to whom paragraph 4 of Schedule 3 to the Consequential Provisions Regulations (saving provision) applies;

(b)to whom paragraph 14 of Schedule 4 applies; or

(c)where a non-dependant resides with him.

(7) Where the maximum rent is derived from—

(a)a claim-related rent and an ineligible amount in respect of meals has been included in that claim-related rent; or

(b)a local reference rent and an ineligible amount in respect of meals has been included in that local reference rent,

in determining the maximum rent the Executive shall deduct an amount determined in accordance with paragraph 2 of Schedule 1 in respect of meals.

(8) This regulation is subject to regulations 14A and 14B.

(9) In this regulation—

“claim-related rent” means the rent decided by the Executive under paragraph 6 of Schedule 2;

“local reference rent” means the rent decided by the Executive under paragraph 4 of Schedule 2.]

Textual Amendments

F1Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3)(4) of the amending Rule) by The Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/101), regs. 1(1), 2(7)