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.
F5f
where—
i
domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s household (“the victim”) by that person’s partner or former partner, or by a relative;
ii
the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a young person as defined in regulation 19 and is a dependant of a member of the claimant’s household; and
iii
the claimant provides evidence from a person acting in an official capacity which demonstrates that the claimant is living in a property adapted under a sanctuary scheme and—
aa
the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and
bb
the victim has made contact with the person acting in an official capacity in relation with such an incident.
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.
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In this regulation—
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“household” means the persons who the relevant authority are satisfied are occupying the claimant’s dwelling as their home;
“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the victim’s employer, a representative of the victim’s trade union, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;
“provider of social housing” has the meaning given in regulation 12 of these Regulations;
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“sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.