The Housing Benefit and Community Charge Benefit (Subsidy) Order 1991

Relevant date

9.  For the purposes of this Schedule—

(a) in a case where a claim for rent allowance is made on or after 1st April 1990, the relevant date is the date on which entitlement to benefit commences;

(b) in a case where—

(i) on 1st April 1990 there is current on that date a claim for an allowance in relation to the dwelling; and

(ii) there is also current on that date a rent officer’s determination in relation to the dwelling, the relevant date is 1st April 1990; and for the purposes of this head, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers (Additional Functions) Order 1989(1), save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers (Additional Functions) Order 1989 had not taken effect by 31 March 1990, the relevant date will be 13 weeks after the relevant date determined under the Housing Benefit (Subsidy) Order 1990(2);

(c) in a case where—

(i) during the relevant year there has been a relevant change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations; and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer ) an application for a determination in respect of that dwelling is required;

the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;

(d) in a case where—

(i) the dwelling is in a hostel; and

(ii) by virtue of regulation 12A(2)(a) of the Housing Benefit Regulations (requirement to refer rent officers) an application for a determination in respect of that dwelling is not required; and

(iii) there was current, on 9th October 1989, a benefit period relating to a claim for an allowance in accordance with sub-paragraph 7(f)(iii) of Schedule 4 to the Housing Benefit (Subsidy) Order 1990 (Rent Officers' Determinations); and

(iv) during the period beginning with 9th October 1989 and ending on 31st March 1990 there has been neither a relevant change of circumstances nor the start of a new benefit period; and

(v) there is current on 1st April 1990, a benefit period beginning before 9th October 1989 relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date (on or after 1st April 1990) on which any change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations(3) (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990, begins, whichever is the earlier;

(e) in a case where—

(i) immediately before 10th April 1989 one of the occupiers of the dwelling was in receipt of income support under the Act and his applicable amount fell to be calculated in accordance with regulation 20 (applicable amounts for persons in board and lodging accommodation and hostels) or regulation 71(1)(b) (applicable amounts in urgent cases) of, or paragraph 17 of Schedule 7 (persons from abroad) to, the Income Support (General) Regulations 1987(4), as then in force; and

(ii) during the period beginning with 17th April 1989 and ending on 31st March 1990 there has neither been a relevant change of circumstances nor the start of a new benefit period; and

(iii) there is, on 1st April 1990, a benefit period beginning before 9th October 1989 relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date on which any change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990, begins, whichever is the earlier;

(f) in a case where—

(i) the dwelling is an assured tenancy by virtue of the Housing Act 1988(5) granted on or after 15th January 1989 but before 1st April 1989, or an assured tenancy by virtue of the Housing (Scotland) Act 1988(6) granted on or after 2nd January 1989 but before 1st April 1989, as the case may be, and

(ii) there was, current on 1st April 1989, a benefit period relating to a claim for an allowance in relation to the dwelling; and

(iii) during the period beginning with 1st April 1989 and ending on 31st March 1990 there has neither been a relevant change of circumstances nor the start of a new benefit period; and

(iv) there is, current on 1st April 1990, a benefit period relating to a claim for an allowance in relation to the dwelling,

the relevant date is the date on which a relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or the date on which the benefit period subsequent to the benefit period current on 1st April 1990 begins, whichever is the earlier;

(g) in a case where—

(i) the tenancy is not an excluded tenancy within the meaning of Schedule 1A to the Housing Benefit Regulations (excluded tenancies); and

(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officers) an application for a determination in respect of that dwelling is not required; but nevertheless

(iii) the authority applies for a rent officer’s determination in respect of that dwelling;

the relevant date is the Monday following the date on or after 1st April 1990 on which the authority applied to the rent officer for the determination;

(h) in a case where a rent officer makes both an interim determination and a further determination in accordance with paragraph 5 of Schedule 1 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent oficer;

(i) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—

(i) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is higher than or equal to the amount determined under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;

(ii) if the reasonable market rent or, as the case may be, comparable rent for suitably sized accommodation determined under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.

(1)

S.I. 1989/590; amended by S.I. 1989/1430.

(2)

S.I. 1990/785. See Schedule 4, paragraph 3.

(3)

Regulation 68 was amended by Part I of Schedule 2 to S.I. 1990/546.

(4)

S.I. 1987/1967.

(5)

1988 c. 50.

(6)

1988 c. 43.