11.—(1) [F1Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant's maximum housing benefit shall be calculated under Part 8 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with regulations 12(3) and (7) and 13 (rent and maximum rent).]
[F1Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant’s maximum housing benefit shall be calculated under Part 8 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with—
(a)regulation 12B (eligible rent);
[F2(ab)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));]
(b)regulations 12C (eligible rent and maximum rent), 13 (maximum rent), 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent);
(c)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
(d)regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,
whichever is applicable in his case.]
(2) Subject to paragraph (4), housing benefit shall not be payable in respect of payments made by a person on income support[F3, an income-based jobseeker's allowance or an income-related employment and support allowance] whose applicable amount for that benefit includes an amount in respect of those payments.
(3) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 12(1) (payments of rent for which housing benefit is payable), is increased on account of—
(a)outstanding arrears of any payment or charge; or
(b)any other unpaid payment or charge,
to which [F4paragraphs (1) to (3) of that regulation] [F4paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 12B] or Schedule 1(ineligible service charges) refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.
(4) Where a person who has been awarded housing benefit in respect of a dwelling becomes entitled to income support[F5, an income-based jobseeker's allowance or an income-related employment and support allowance] and his applicable amount for the purpose of calculating his entitlement to that benefit includes an amount in respect of a payment made by him in respect of that dwelling, the payments made by him in respect of that dwelling shall continue to be eligible for housing benefit for a period of 4 benefit weeks beginning with the benefit week after the date on which he becomes entitled to income support[F5, an income-based jobseeker's allowance or an income-related employment and support allowance].
Textual Amendments
F1Reg. 11(1) substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 4(3)(a) (with reg. 1(6))
F2Reg. 11(1)(ab) inserted (1.4.2013) by The Housing Benefit (Amendment) Regulations 2012 (S.I. 2012/3040), regs. 1(3), 5(3)
F3Words in reg. 11(2) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 9(a)
F4Words in reg. 11(3) substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 4(3)(b) (with reg. 1(6))
F5Words in reg. 11(4) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 9(b)