C has, for a total of at least 3 months (whether or not continuously), occupied as his home one or more hostels for homeless people; and

whilst occupying such a hostel, C has been offered and has accepted support services with a view to assisting him to be rehabilitated or resettled within the community.

in England and Wales, to a claimant (“C”) if C is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders); or

in respect of which he satisfies the conditions for entitlement to an income-based jobseeker's allowance but where the allowance is not paid in accordance with F100regulation 27A of the Jobseeker’s Allowance Regulations or section 19 or 20A F101or regulations made under section 17A of the Jobseekers Act M33 (circumstances in which a jobseeker's allowance is not payable); or

which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker's allowance is payable to him or would be payable to him but for F102regulation 27A of the Jobseeker’s Allowance Regulations or section 19 or 20A F103or regulations made under section 17A of that Act; or

in respect of which he is a member of a joint-claim couple for the purposes of the Jobseekers Act and no joint-claim jobseeker's allowance is payable in respect of that couple as a consequence of either member of that couple being subject to sanctions for the purposes of section 20A of that Act; or

in respect of which an income-based jobseeker's allowance or a joint-claim jobseeker's allowance would be payable but for a restriction imposed pursuant to F104... F105section 6B, 7, 8 or 9 of the Social Security Fraud Act 2001 M34 (loss of benefit provisions).

in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or

which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.

where the dwelling is a caravan or mobile home, such of the land on which it stands as is used for the purposes of the dwelling;

where the dwelling is a houseboat, the land used for the purposes of mooring it;

where in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 M35, the croft land on which it is situated or to which it pertains.

any member of the claimant's family;

if the claimant is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;

a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 21 (circumstances in which a person is to be treated as being or not being a member of the same household);

subject to paragraph (3), a person who jointly occupies the claimant's dwelling and is either a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling;

a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person.

has not attained the qualifying age for state pension credit; or

has attained the qualifying age for state pension credit if he, or if he has a partner, his partner, is a person F110on universal credit, on income supportF111, on an income-based jobseeker's allowance or on an income-related employment and support allowance.

if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person's weekly average hours of work to be determined more accurately.

a sports award has been made, or is to be made, to him; and

no other payment is made or is expected to be made to him.

by himself or, if he is a member of a family, by himself and his family; or

if he is polygamously married, by himself, his partners and any child or young person for whom he or any partner of his is responsible and who is a member of that same household,

in the case of a couple or a member of a polygamous marriage, where he or one partner is a student, other than one to whom regulation 56(1) applies (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling), or is on a training course and it is unavoidable that the partners should occupy two separate dwellings and reasonable that housing benefit should be paid in respect of both dwellings; or

in the case where, because of the number of persons referred to in paragraph (1), they have been housed by a housing authority in two separate dwellings; or

in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks F117from the date on which he moved if he could not reasonably have avoided liability in respect of two dwellings; or

a person has moved into a dwelling for which he is not liable to make payments (“the new dwelling”); and

immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home (“the former dwelling”); and

that liability continues after he has moved into the new dwelling,

F119a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

in the case of a claim in respect of which a decision has not yet been made the date that claim was or was treated as made in accordance with regulation 83 (time and manner in which claims are to be made); or

in the case of a claim for housing benefit in respect of that dwelling which has been refused and a further claim was or was treated as made in accordance with Part 10 (claims) within 4 weeks of the date on which he moved into the dwelling, the date on which the claim was refused or was treated as made; or

the date from which he is treated by virtue of paragraph (8) as occupying the dwelling as his home,

has a liability to make payments in respect of that dwelling which is unavoidable,

for the purpose of ascertaining whether the accommodation suits his needs; and

with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs; and

while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.

he intends to return to occupy the dwelling as his home; and

the part of the dwelling normally occupied by him has not been let or, as the case may be, sub-let; and

the period of absence is unlikely to exceed 13 weeks.

detained in custody pending sentence upon conviction or under a sentence imposed by a court, other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 M37, or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 M38 or the Criminal Procedure (Scotland) Act 1995 M39; and

on temporary release from such detention in accordance with Rules made under the provisions of the Prison Act 1952 M40 or the Prisons (Scotland) Act 1989 M41.

if such temporary release was immediately preceded by a period of temporary absence under paragraph (13) or (16), he shall be treated as if he continues to be absent from the dwelling, despite any occupation of the dwelling;

for the purposes of paragraph (16)(c)(i), he shall be treated as if he remains in detention; and

if he does not fall within sub-paragraph (a), he shall be treated as if he does not occupy his dwelling as his home despite any such occupation of the dwelling.

he intends to return to occupy the dwelling as his home; and

while the part of the dwelling which is normally occupied by him has not been let, or as the case may be, sublet; and

the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

detained in custody on remand pending trial;

detained pending sentence upon conviction; or

the person who is liable to make those payments;

a person who is a partner of the person to whom sub-paragraph (a) applies;

a person whose liability to make such payments is waived by his landlord as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out but this sub-paragraph shall apply only for a maximum of 8 benefit weeks in respect of any one waiver of liability;

a person who is a partner of a student to whom regulation 56(1) (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) applies.

the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;

his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;

he is responsible, or his partner is responsible, for a child of the person to whom he is liable under the agreement;

his liability under the agreement is to a trustee of a trust of which his or his partner's child is a beneficiary;

subject to paragraph (3), before the liability was created, he was a non-dependant of someone who resided, and continues to reside, in the dwelling;

he previously owned, or his partner previously owned, the dwelling in respect of which the liability arises and less than five years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;

his occupation, or his partner's occupation, of the dwelling is a condition of his or his partner's employment by the landlord;

he is a member of, and is wholly maintained (disregarding any liability he may have to make payments in respect of the dwelling he occupies as his home) by, a religious order;

he is in residential accommodation;

in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under Part 7 of the Act.

a care home; or

an independent hospital.

regulation 13 of the Immigration (European Economic Area) Regulations 2006;

regulation 15A(1) of those Regulations, but only in a case where the right exists under that regulation because the claimant satisfies the criteria in regulation 15A(4A) of those Regulations;

Article 6 of Council Directive No.2004/38/EC; F132...

F133Article 39 of the Treaty establishing the European Community F133Article 45 of the Treaty on the Functioning of the European Union (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland)F134; or

Article 20 of the Treaty on the Functioning of the European Union (in a case where the right to reside arises because a British citizen would otherwise be deprived of the genuine enjoyment of the substance of their rights as a European Union citizen).

a worker for the purposes of Council Directive No.2004/38/EC;

a self-employed person for the purposes of that Directive;

a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;

a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;

a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;

a refugee;

F138a person who has humanitarian protection granted under those rules;

a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in receipt of income supportF141, an income-based jobseeker's allowance or on an income-related employment and support allowance.

regulation 12B (eligible rent);

regulations 12BA (eligible rent and maximum rent (social sector)), A13 (when a maximum rent (social sector) is to be determined) and B13 (determination of a maximum rent (social sector));

regulations 12C (eligible rent and maximum rent), 13 (maximum rent), 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent);

regulations 12D (eligible rent and maximum rent (LHA)), 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)); or

regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

outstanding arrears of any payment or charge; or

any other unpaid payment or charge,

payments of, or by way of, rent;

payments in respect of a licence or permission to occupy the dwelling;

payments by way of mesne profits or, in Scotland, violent profits;

payments in respect of, or in consequence of, use and occupation of the dwelling;

payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;

mooring charges payable for a houseboat;

where the home is a caravan or a mobile home, payments in respect of the site on which it stands;

any contribution payable by a person resident in an almshouse provided by a housing association which is either a charity of which particulars are entered in the register of charities established under section 3 of the Charities Act 1993 M44 (register of charities) or an exempt charity within the meaning of that Act, which is a contribution towards the cost of maintaining that association's almshouses and essential services in them;

payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid; and

where, in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 M45, the payment in respect of the croft land.

payments under a long tenancy except a shared ownership tenancyF150...;

payments under a co-ownership scheme;

payments by an owner;

payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; and

payments by a Crown tenant.

payments by a person in respect of a dwelling where his partner is an owner of that dwelling.

the maximum rent where a maximum rent has been, or falls to be, determined in accordance with regulations 13 (maximum rent); or

except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

where the charges vary in accordance with the amount of water actually used, the amount which the appropriate authority considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

regulation 12BA (eligible rent and maximum rent (social sector));

regulation 12C (eligible rent and maximum rent);

regulation 12D (eligible rent and maximum rent (LHA));

paragraph 4 of Schedule 3 to the Consequential Provisions Regulations.

except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (5);

where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and

where he is liable to make payments in respect of any service charges to which regulation 12(1)(e) does not apply, but to which paragraph 3(2) of Part 1 of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Part 1 of Schedule 1.

if the dwelling occupied by the claimant is a self-contained unit, except in a case to which sub-paragraph (c) applies, the amount of the charges;

in any other case, except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

where the charges vary in accordance with the amount of water actually used, the amount which the appropriate authority considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

the eligible rent which applied on the day before the death occurred; or

in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 12B(2),

the period of 12 months from the date of death has expired;

the determination of an eligible rent in accordance with paragraph (3) (protection on death) in relation to a subsequent death;

there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3);

there is a change of dwelling; or

the determination of an eligible rent under regulation 12B.

the first 13 weeks of the claimant’s award of housing benefit have expired;

the determination of an eligible rent in accordance with paragraph (3) (protection on death);

there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (6);

there is a change of dwelling; or

the determination of an eligible rent under regulation 12B.

the amount of a person’s eligible rent shall be the maximum rent (LHA); and

the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent determined in accordance with sub-paragraph (a).

an eligible rent determined in accordance with regulation 12B(2); or

the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent referred to in sub-paragraph (a).

reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 1st April 2011;

the determination referred to in sub-paragraph (b) is the first determination of a maximum rent (LHA) the relevant authority is required to make on or after 1st April 2011.

the maximum rent (LHA) where that is equal to or higher than the eligible rent which applied immediately before 1st April 2011; or

the period 9 months after the determination of the maximum rent (LHA) referred to in paragraph (1)(b) has expired;

the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is equal to or higher than the eligible rent referred to in paragraph (2)(b);

the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;

the relevant authority is required to determine an eligible rent following a change of dwelling; or

the relevant authority is required to determine an eligible rent in accordance with regulation 12D(3) (protection on death).

the eligible rent will be the maximum rent (LHA) which would apply if the relevant authority were to determine one by reference to that date, but

the LHA date for the purposes of regulation 13C will remain the date by reference to which the local housing allowance used in the determination referred to in paragraph (1)(b) was identified.

a maximum rent in accordance with regulation 13 (maximum rent); or

a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined).

in a rent allowance case where the tenancy is an excluded tenancy of a type mentioned in any of paragraphs 4 to 11 of Schedule 2 (excluded tenancies) and the landlord is not a registered housing association;

in respect of shared ownership tenancies;

in respect of mooring charges for houseboats and payments in respect of the site on which a caravan or mobile home stands;

where the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or where both have attained that age; or

where the dwelling is temporary accommodation.

to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or

to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;

accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.

determining the amount that the claimant’s eligible rent would be in accordance with regulation 12B(2) without applying regulation 12B(4) and (6);

where the number of bedrooms in the dwelling exceeds the number of bedrooms to which the claimant is entitled in accordance with F165paragraphs (5) to (7), reducing that amount by the appropriate percentage set out in paragraph (3); and

where more than one person is liable to make payments in respect of the dwelling, apportioning the amount determined in accordance with sub-paragraphs (a) and (b) between each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each person.

14% where the number of bedrooms in the dwelling exceeds by one the number of bedrooms to which the claimant is entitled; and

25% where the number of bedrooms in the dwelling exceeds by two or more the number of bedrooms to which the claimant is entitled.

a couple (within the meaning of Part 7 of the Act);

a person who is not a child;

two children of the same sex;

two children who are less than 10 years old;

a child,

the claimant or the claimant’s partner is (or each of them is) a person who requires overnight care; or

the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.

is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.

the maximum rent which applied before the death occurred; or

in a case where there was no maximum rent, the reckonable rent due before the death occurred,

the authority has determined a maximum rent under regulation 13 or 13ZA; and

during the period for which that maximum rent applies the reckonable rent in respect of the dwelling by reference to which that maximum rent was determined is reduced to a sum which is less than that maximum rent,

a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by an authority under regulation 14(1)(e) (pre-tenancy determination);

subsequent to that determination the reckonable rent for that dwelling is changed; and

a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 13A or 13D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

the tenancy is an excluded tenancy of a type F177mentioned in any of paragraphs 4 to 11 of Schedule 2;

it has received a claim on which rent allowance may be awarded and any of the circumstances specified in regulation 13C(5)(a) to (e) (rent allowance cases for which a maximum rent (standard local rent) is not to be determined) apply;

it has received relevant information regarding a claim on which rent allowance may be awarded and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;

it has received a notification of a change relating to a rent allowance and a maximum rent (LHA) does not fall to be determined under regulation 13C (determination of a maximum rent (LHA));

it has received a notification of a change of dwelling and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;

it has received, except in the case where any liability to make payments in respect of a dwelling would be to a housing authority, a request from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the relevant authority, which includes the specified matters and any of the circumstances specified in regulation 13C(5)(a) to (d) apply;

has received notification that any of the circumstances in regulation 13C(5)  apply.

an “excluded tenancy” within the meaning of Schedule 2 (excluded tenancies).

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

where it is not required by reason of either paragraph (2)(a) (hostels) of this regulation or paragraph 2 of Schedule 2 (cases where the rent officer has already made a determination), shall also send him a copy of that determination within 4 days of the receipt of that request by the authority.

the relevant authority receiving a claim on which rent allowance may be awarded;

the relevant authority receiving relevant information regarding a claim on which rent allowance may be awarded;

the relevant authority receiving a notification of a change relating to a rent allowance;

the relevant authority receiving a notification of a change of dwelling; or

the day on which the period mentioned in paragraph (1)(f) or (g) expired,

on income supportF203, an income-based jobseeker's allowance or an income-related employment and support allowance; F204...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

a person to whom section 6 of the Children (Leaving Care) Act 2000 M47 (exclusion from benefits) appliesF206; or

entitled to an award of universal credit

the person who is receiving child benefit in respect of him; or

that person does not intend to resume living with the other members of his family; or

his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where the person is in hospital or otherwise has no control over the length of his absence) and the absence is unlikely to be substantially more than 52 weeks.

placed with the claimant or his partner by a local authority under section 23(2)(a) of the Children Act 1989 M49 or by a voluntary organisation under section 59(1)(a) of that Act, or in Scotland boarded out F208or placed with the claimant or his partner under a relevant enactment; or

placed, or in Scotland boarded out, with the claimant or his partner prior to adoption; or

placed for adoption with the claimant or his partner in accordance with the Adoption and Children Act 2002 M50 or F209the Adoption Agencies (Scotland) Regulations 2009 M51.

is being looked after by, or in Scotland is in the care of, a local authority under a relevant enactment; or

has been placed, or in Scotland boarded out, with a person other than the claimant prior to adoption; or

has been placed for adoption in accordance with the Adoption and Children Act 2002 or F210the Adoption Agencies (Scotland) Regulations 2009.

that child or young person lives with the claimant for part or all of that benefit week; and

the authority considers that it is reasonable to do so taking into account the nature and frequency of that child's or young person's visits.