PART IIIPayments in respect of a dwelling

Pre-tenancy decisions16

1

Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a decision shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person (“the prospective occupier”) on a properly completed form approved for the purpose by the Executive, signifying that he is contemplating occupying a dwelling as his home and that if he does so, he is likely to claim housing benefit, but only where that form—

a

is signed by the prospective occupier;

b

is countersigned by the person to whom the prospective occupier would incur liability to make such payments; and

c

indicates that the person countersigning agrees to the application being made for that decision.

2

A decision by the Executive shall not be required under paragraph (1) where a request relates to—

a

a dwelling in a hostel if, during the period of 12 months which ends on the day on which that request is received by the Executive—

i

the Executive has already made a decision in accordance with Schedule 2 in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the request relates, and

ii

there has been no change relating to a rent allowance that has affected the dwelling in respect of which that decision was made; or

b

an “excluded tenancy” within the meaning of Schedule 3.

3

Where the Executive receives a request pursuant to paragraph (1) it shall make a decision within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a decision in accordance with Schedule 2 is not required, where the Executive shall—

a

return it to the prospective occupier, indicating why no such application is required; and

b

where it is not required by reason of either paragraph (2)(a) of this regulation or paragraph 2 of Schedule 3, also send him a copy of the previous decision within 4 days of the receipt of that request.

4

For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or deciding claims.

5

In this regulation—

  • “change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 3 applies;

  • “prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;

  • “registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 61.