PART 3Payments in respect of a dwelling
F1When a maximum rent (social sector) is to be determinedA13
1
Subject to paragraph (2), the relevant authority must determine a maximum rent (social sector) in accordance with regulation B13 (determination of a maximum rent (social sector)) where the relevant authority has not determined, and is not required to determine—
a
a maximum rent in accordance with regulation 13 (maximum rent); F2...
b
a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined)F3; or
c
an eligible rent in a case where paragraph 4 of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations applies.
2
This regulation does not apply—
a
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;
b
in respect of shared ownership tenancies;
c
in respect of mooring charges for houseboats and payments in respect of the site on which a caravan or mobile home stands;
d
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
e
where the dwelling is temporary accommodation.
3
In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—
a
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
b
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.
4
The accommodation referred to in paragraph (3) is—
a
accommodation—
i
provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or
ii
provided in a hotel, guest house, lodging house or similar establishment,
but does not include accommodation which is provided in a care home, an independent hospital or a hostel;
b
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;
c
accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.