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.