PART 3Payments in respect of a dwelling

Eligible housing costs11

F11

Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant’s maximum housing benefit shall be calculated under Part 7 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with—

a

regulation 12B (eligible rent);

b

regulations 12C (eligible rent and maximum rent), 13 (maximum rent), 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent);

c

regulations 12D (eligible rent and maximum rent ( LHA )), 13C (when a maximum rent ( LHA ) is to be determined) and 13D (determination of a maximum rent ( LHA )); or

d

regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations ,

whichever is applicable in his case.

2

Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 12(1) (payments of rent for which housing benefit is payable), is increased on account of—

a

outstanding arrears of any payment or charge; or

b

any other unpaid payment or charge,

to which F2paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 12B or Schedule 1 (ineligible service charges) refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.