- Latest available (Revised)
- Point in Time (01/04/2011)
- Original (As made)
Version Superseded: 01/04/2013
Point in time view as at 01/04/2011. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the The Housing Benefit Regulations 2006, Section 13D.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
13D.—(1) Subject to paragraph (3) to (11), the maximum rent (LHA) shall be the local housing allowance determined by the rent officer by virtue of article 4B(2A) or (4) of the Rent Officers Order which is applicable to—
(a)the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and
(b)the category of dwelling which applies at the relevant date in accordance with paragraph (2).
(2) The category of dwelling which applies is—
(a)the category specified in paragraph 1(1)(a) of Schedule 3B to the Rent Officers Order (one bedroom shared accommodation) where—
(i)the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 3 (severe disability premium) does not apply; or
(ii)paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 3 (severe disability premium) applies, or to whom the circumstances in any of paragraphs (b) to (f) of the definition of young individual applies (certain care leavers);
(b)except where paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria [F2as set out in paragraph (3)] and—
(i)the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or
(ii)the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,
and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;
(c)in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraph (3) [F3up to a maximum of four] bedrooms.
(3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—
(a)a couple (within the meaning of Part 7 of the Act);
(b)a person who is not a child;
(c)two children of the same sex;
(d)two children who are less than 10 years old;
(e)a child.
[F4and one additional bedroom in any case where the claimant or the claimant’s partner is a person who requires overnight care (or in any case where both of them are).]
(4) The relevant authority shall determine —
(a)the cap rent (in accordance with the definition in paragraph (12)); and
(b)whether the cap rent exceeds the applicable local housing allowance.
[F5(5) Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.]
F6(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F9(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10) The relevant authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order where—
(a)the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C; and
(b)part of the rent under the tenancy appears to the relevant authority to be likely to be attributable to board and attendance.
(11) Where an application to a rent officer is required in accordance with paragraph (10) it shall be made within the same period following the day on which the relevant authority becomes obliged to determine a maximum rent (LHA) by virtue of regulation 13C as would be required if the application were to be made under regulation 14(1).
(12) In this regulation—
“cap rent” means the aggregate of such payments specified in regulation 12(1) (rent) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8 (circumstances in which a person is treated as liable to make payments in respect of a dwelling), subject to regulation 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent);
“occupiers” means the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household;
“relevant date” means, as the case may require—
the date of the claim to which the claim or relevant information referred to in regulation 13C(2)(a) or (b) relates;
the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 13C(2)(c) or (d) relates; or
the date on which the anniversary of the LHA date referred to in regulation 13C(3) falls.
“tenancy” includes
in Scotland, any other right of occupancy; and
in any other case, a licence to occupy premises,
and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly.]
Textual Amendments
F1Regs. 13C-13E inserted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 7 (with reg. 1(6))
F2Words in reg. 13D(2)(b) inserted by SI 2007/2868 reg. 7 (as amended) (7.4.2008) by The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 4(4)(b)
F3Words in reg. 13D(2)(c) substituted (1.4.2011) by The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(6)(a)
F4Words in reg. 13D(3) inserted (1.4.2011) by The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(6)(b)
F5Reg. 13D(5) substituted (1.4.2011) by The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(6)(c)
F6Reg. 13D(6) omitted (1.4.2011) by virtue of The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(6)(d)
F7Reg. 13D(7) omitted (6.4.2009) by virtue of The Housing Benefit (Amendment) Regulations 2009 (S.I. 2009/614), regs. 1, 2(3)(b)
F8Reg. 13D(8) omitted (1.4.2011) by virtue of The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(6)(d)
F9Reg. 13D(9) omitted (1.4.2011) by virtue of The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(6)(d)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: