Modifications etc. (not altering text)
C1Pt. XII applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 31
92.—(1) Subject to paragraph (2) and paragraph 8(4) of Schedule A1, a payment of rent allowance or rate rebate shall be made to a landlord (and in this regulation the “landlord” includes a person to whom rent or sums by way of rates are payable by the person entitled to that allowance or rebate)—
(a)where under regulations made under the Administration Act an amount of income support [F1, a jobseeker’s allowance or an employment and support allowance] payable to the claimant or his partner is being paid direct to the landlord; or
(b)where sub-paragraph (a) does not apply and the person is in arrears of an amount equivalent to 6 weeks or more of the amount he is liable to pay his landlord as rent or rates, except where it is in the overriding interest of the claimant not to make direct payments to the landlord.
(2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 93 shall be to discharge, in whole or in part, the liability of the claimant to pay rent or rates or both to that landlord in respect of the dwelling concerned, except in so far as—
(a)the claimant had no entitlement to the whole or part of that rent allowance so paid to his landlord; and
(b)the overpayment of rent allowance resulting was recovered in whole or in part from that landlord.
[F2(2A) In a case where—
(a)the Executive has determined a maximum rent (LHA) in accordance with regulation 14D; and
(b)the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,
any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 93 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.]
(3) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph 1(a) or (b) applies the amount payable by way of rate rebate shall be paid direct to that Department.
(4) Where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance or rate rebate no such payment shall be made direct to him under paragraph (1).
Textual Amendments
F1Words in reg. 92(1)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(15)
F2Reg. 92(2A) inserted (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(11)
Commencement Information