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

Requirement to refer to rent officers

This section has no associated Explanatory Memorandum

14.—[F1(1) Subject to the following provisions of this regulation, a relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where—

(a)it has received a claim on which rent allowance may be awarded; or

(b)it has received relevant information regarding a claim on which rent allowance may be awarded; or

(c)it has received a notification of a change relating to a rent allowance; or

(d)it has received a notification of a change of dwelling; or

(e) it has received, except in the case where any liability to make payments in respect of a dwelling would be to a housing authority, a request from a person (“ the prospective occupier ”), on a properly completed form approved for the purpose by the relevant authority, signifying that he is contemplating occupying a dwelling as his home and that if he does so, he is likely to claim housing benefit, but only where that form—

(i)is signed by the prospective occupier;

(ii)is countersigned by the person to whom the prospective occupier would incur liability to make such payments; and

(iii)indicates that the person countersigning agrees to the application being made for that determination; or

(f)52 weeks have elapsed since it last made an application under sub-paragraph (a), (b), (c), (d) or (e) above in relation to the claim or award in question; or

(g)52 weeks have elapsed since—

(i)an application was made under sub-paragraph (f) above; or

(ii)an application was made under this sub-paragraph,

whichever last occurred.

F2( 2 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2( 3 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) An application shall not be required under paragraph (1) where a claim, relevant information regarding a claim, notification or request relates to either—

(a)a dwelling in a hostel if, during the period of 12 months which ends on the day on which that claim, relevant information regarding a claim, notification or request is received by the relevant authority—

(i)a rent officer has already made a determination in the exercise of the Housing Act functions in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the claim, relevant information, notification or request relates; and

(ii)there has been no change relating to a rent allowance that has affected the dwelling in respect of which that determination was made; or

(b)an “excluded tenancy” within the meaning of Schedule 2 (excluded tenancies).

[F3(4A) The provision of information to the rent officer in accordance with [F4regulation 95A(5)] shall be treated as an application to the rent officer under paragraph (1).]

(5) Where a relevant authority receives a request pursuant to paragraph (1)(e) and it is a case where, by reason of paragraph (4), an application to a rent officer is not required, the authority shall—

(a)return it to the prospective occupier, indicating why no such application is required; and

(b)where it is not required by reason of either paragraph (4)(a) of this regulation or paragraph 2 of Schedule 2 (cases where the rent officer has already made a determination), shall also send him a copy of that determination within 4 days of the receipt of that request by the authority.

(6) Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable thereafter, of—

(a)the relevant authority receiving a claim on which rent allowance may be awarded; or

(b)the relevant authority receiving relevant information regarding a claim on which rent allowance may be awarded; or

(c)the relevant authority receiving a notification of a change relating to a rent allowance; or

(d)the relevant authority receiving a notification of a change of dwelling; or

(e)the day on which the period mentioned in paragraph (1)(f) or (g) elapsed,

except that, in the case of a request to which paragraph (1)(e) applies, the application shall be made within 2 days of the receipt of that request by the authority.

(7) For the purpose of calculating any period of days mentioned in paragraphs (5) or (6), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.

(8) Where the relevant authority has identified charges to which paragraph (2)(b) applies, it shall—

(a)deduct those charges from the total amount of those payments which, in accordance with paragraph (2), it has stated that the claimant is liable to make in respect of the dwelling which he occupies as his home; and

(b)notify that total so reduced to the rent officer in its application under paragraph (1) for his use in making determinations under Schedule 1 (determinations) to the Rent Officers Order.

F5( 9 ) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this regulation—

“ change of dwelling ” means a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;

“ change relating to a rent allowance ” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 2 applies;

“ prospective occupier ” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;

“ registered housing association ” means a housing association which—

(a)

is registered in a register maintained by the Corporation or the National Assembly for Wales under chapter 1 of Part 1 of the Housing Act 1996 ; or

(b)

in Scotland, is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001 ;

“ relevant information ” means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim;

“ tenancy ” includes—

(i)

in Scotland, any other right of occupancy; and

(ii)

in any other case, a licence to occupy premises,

and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;

“ the Corporation ” has the same meaning as in section 56 of the Housing Act 1996. ]

[F1(1) Subject to the following provisions of this regulation, a relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where—

(a)it has received a claim on which rent allowance may be awarded and any of the circumstances specified in regulation 13C(5)(a) to (e) (rent allowance cases for which a maximum rent (standard local rent) is not to be determined) apply;

(b)it has received relevant information regarding a claim on which rent allowance may be awarded and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;

(c) it has received a notification of a change relating to a rent allowance and a maximum rent ( LHA ) does not fall to be determined under regulation 13C (determination of a maximum rent ( LHA ));

(d)it has received a notification of a change of dwelling and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;

(e)it has received, except in the case where any liability to make payments in respect of a dwelling would be to a housing authority, a request from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the relevant authority, which includes the specified matters and any of the circumstances specified in regulation 13C(5)(a) to (d) apply;

(f)52 weeks have expired since it last made an application under sub-paragraph (a), (b), (c), (d) [F6, (e) or (h)] in relation to the claim or award in question and—

(i) a maximum rent ( LHA ) determined under regulation 13D does not apply; and

(ii) a maximum rent ( LHA ) is not to be determined under regulation 13D; F7 ...

(g)52 weeks have expired since an application was made under sub-paragraph (f) or a previous application was made under this sub-paragraph, whichever last occurred, and—

(i) a maximum rent ( LHA ) determined under regulation 13D does not apply; and

(ii) a maximum rent ( LHA ) is not to be determined under regulation 13D; [F8 or

(h) has received notification that any of the circumstances in regulation 13C(5)    apply. ]

(2) An application shall not be required under paragraph (1) where a claim, relevant information regarding a claim, notification or request relates to either—

(a)a dwelling in a hostel if, during the period of 12 months ending on the day on which that claim, relevant information regarding a claim, notification or request is received by the relevant authority—

(i)a rent officer has already made a determination in the exercise of the Housing Act functions in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the claim, relevant information regarding a claim, notification or request relates; and

(ii)there has been no change relating to a rent allowance that has affected the dwelling in respect of which that determination was made; or

(b)an “excluded tenancy” within the meaning of Schedule 2 (excluded tenancies).

(3) The provision of information to the rent officer in accordance with regulation 95A(5) shall be treated as an application to the rent officer under paragraph (1).

(4) Where a relevant authority receives a request pursuant to paragraph (1)(e) (request from prospective occupier) and it is a case where, by reason of paragraph (2) (hostels or excluded tenancies), an application to a rent officer is not required, the authority shall—

(a)return it to the prospective occupier, indicating why no such application is required; and

(b)where it is not required by reason of either paragraph (2)(a) (hostels) of this regulation or paragraph 2 of Schedule 2 (cases where the rent officer has already made a determination), shall also send him a copy of that determination within 4 days of the receipt of that request by the authority.

(5) Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable after that date, of—

(a)the relevant authority receiving a claim on which rent allowance may be awarded;

(b)the relevant authority receiving relevant information regarding a claim on which rent allowance may be awarded;

(c)the relevant authority receiving a notification of a change relating to a rent allowance;

(d)the relevant authority receiving a notification of a change of dwelling; or

(e)the day on which the period mentioned in paragraph (1)(f) or (g) expired,

except that, in the case of a request to which paragraph (1)(e) (request from prospective occupier) applies, the application shall be made within 2 days of the receipt of that request by the authority.

(6) In calculating any period of days mentioned in paragraphs (4) or (5), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.

(7) For the purpose of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each dwelling provides sleeping accommodation for the same number of persons.

(8) In this regulation—

“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 2 applies;

“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but only where his current agreement commenced 11 months or more before the request under paragraph (1)(e);

“specified matters” means—

(a)

the signature of the prospective occupier;

(b)

the signature of the person to whom the prospective occupier would incur liability to make such payments;

(c)

a statement that the person in paragraph (b) agrees to the application being made for that determination; and

(d)

an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit;

“tenancy” includes—

(a)

in Scotland, any other right of occupancy; and

(b)

in any other case, a licence to occupy premises,

and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;

F9...]

Textual Amendments

F1Reg. 14 substituted (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), 8

F4Words in reg. 14(4A) substituted by SI 2007/2869 reg. 3(1)(b) (as amended) (7.4.2008) by Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 5(2)(a)

F7Word in reg. 14(1)(f)(ii) omitted by SI 2007/2869 reg. 8 (as amended) (7.4.2008) by virtue of Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 5(5)(a)(ii)