PART 3Payments in respect of a dwelling
Requirement to refer to rent officersC114
F11
Subject to the following provisions of this regulation, a relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where—
a
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;
b
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;
c
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));
d
it has received a notification of a change of dwelling and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;
e
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;
f
52 weeks have expired since it last made an application under sub-paragraph (a), (b), (c), (d)F4, (e) or (h) in relation to the claim or award in question and—
i
a maximum rent (LHA) determined under regulation 13D does not apply; and
ii
a maximum rent (LHA) is not to be determined under regulation 13D; F5...
g
52 weeks have expired since an application was made under sub-paragraph (f) or a previous application was made under this sub-paragraph, whichever last occurred, and—
i
a maximum rent (LHA) determined under regulation 13D does not apply; and
ii
a maximum rent (LHA) is not to be determined under regulation 13D; F3or
h
has received notification that any of the circumstances in regulation 13C(5) apply.
2
An application shall not be required under paragraph (1) where a claim, relevant information regarding a claim, notification or request relates to either—
a
a dwelling in a hostel if, during the period of 12 months ending on the day on which that claim, relevant information regarding a claim, notification or request is received by the relevant authority—
i
a rent officer has already made a determination in the exercise of the Housing Act functions in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the claim, relevant information regarding a claim, notification or request relates; and
ii
there has been no change relating to a rent allowance that has affected the dwelling in respect of which that determination was made; or
b
an “excluded tenancy” within the meaning of Schedule 2 (excluded tenancies).
3
The provision of information to the rent officer in accordance with regulation 114A(5) shall be treated as an application to the rent officer under paragraph (1).
4
Where a relevant authority receives a request pursuant to paragraph (1)(e) (request from prospective occupier) and it is a case where, by reason of paragraph (2) (hostels or excluded tenancies), an application to a rent officer is not required, the authority shall—
a
return it to the prospective occupier, indicating why no such application is required; and
b
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.
5
Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable after that date, of—
a
the relevant authority receiving a claim on which rent allowance may be awarded;
b
the relevant authority receiving relevant information regarding a claim on which rent allowance may be awarded;
c
the relevant authority receiving a notification of a change relating to a rent allowance;
d
the relevant authority receiving a notification of a change of dwelling; or
e
the day on which the period mentioned in paragraph (1)(f) or (g) expired,
except that, in the case of a request to which paragraph (1)(e) (request from prospective occupier) applies, the application shall be made within 2 days of the receipt of that request by the authority.
6
In calculating any period of days mentioned in paragraphs (4) or (5), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.
7
For the purpose of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each dwelling provides sleeping accommodation for the same number of persons.
8
In this regulation—
“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c)F6, (d), F7(f) or (g) of Schedule 2 applies;
“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but only where his current agreement commenced 11 months or more before the request under paragraph (1)(e);
“specified matters” means—
- a
the signature of the prospective occupier;
- b
the signature of the person to whom the prospective occupier would incur liability to make such payments;
- c
a statement that the person in paragraph (b) agrees to the application being made for that determination; and
- d
an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit;
- a
“tenancy” includes—
- a
in Scotland, any other right of occupancy; and
- b
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;
- a
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