The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

[F1 When a maximum rent ( LHA ) is to be determined

This section has no associated Explanatory Memorandum

13C.—(1)  A relevant authority shall determine a maximum rent ( LHA ) in accordance with regulation 13D (determination of a maximum rent ( LHA )) in any case where paragraphs (2) or (3) apply.

(2) This paragraph applies where a relevant authority has received—

(a)a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(b)relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(c)in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 13A or 13D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

(d) in relation to an award of housing benefit where a maximum rent ( LHA ) was determined in accordance with regulation 13D—

(i)notification of a change of a kind which affects the category of dwelling applicable to the claim;

(ii)notification of the death of a linked person, where the notification does not fall within head (i); or

(iii)notification of a change of dwelling.

(3)  This paragraph applies on the anniversary of the LHA date.

(4)  Where the LHA date is 29 th February, the anniversary of the LHA date shall be 28 th February.

(5) This regulation does not apply in a case where—

(a)the landlord is a registered social landlord;

(b) paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

(c)the tenancy is an excluded tenancy of a type [F2mentioned in any of paragraphs 4 to 11] of Schedule 2;

(d)the claim or award relates to—

(i)periodical payments of kind falling within regulation 12(1) (rent) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or

(ii)rent payable in relation to a hostel; or

(e)rent under the tenancy is attributable to board and attendance, and—

(i)the relevant authority has made an application to the rent officer in accordance with regulation 13D(10) (board and attendance determination), regulation 15 (applications to the rent officer for determinations) or regulation 17 (substitute determinations or substitute redeterminations); and

(ii) the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the relevant authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order .

(6) In this regulation—

“the LHA date” means the date by reference to which the local housing allowance used to determine the maximum rent ( LHA ) was identified;

“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 or, in Scotland, sections 57 and 59 of the Housing (Scotland) Act 2001.]

Textual Amendments

F1Regs. 13C-13E inserted (with application in accordance with reg. 1(5)(6)(7) of the amending S.I.) by Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regs. 1(3), 7