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

Circumstances in which payment may be made to a landlord

77.—(1) Subject to paragraph 8(4) of Schedule A1 F1 (treatment of claims for housing benefit by refugees), where regulation 76 (circumstances in which payment is to be made to a landlord) does not apply but subject to [F2 paragraphs (3) and (3A)], a payment of a rent allowance may nevertheless be made to a person's landlord where—

(a) the person has requested or consented to such payment;

(b) payment to the landlord is in the interest of the claimant and his family;

(c) the person has ceased to reside in the dwelling in respect of which the allowance was payable and there are outstanding payments of rent but any payment under this sub-paragraph shall be limited to an amount equal to the amount of rent outstanding.

(2) Without prejudice to the power in paragraph (1), in any case where in the opinion of the authority—

(a) the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and

(b) it would be in the interests of the efficient administration of housing benefit,

a first payment of a rent allowance following the making of a decision on a claim, or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 may be made, in whole or in part, F3 ... to that landlord.

(3) In a case where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant's rent allowance, the authority may either—

(a) not make direct payments to the landlord in accordance with paragraph (1) [F4 , (3A) or (3B)]; or

(b) make such payments to the landlord where the authority is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.

[F5 (3A) In a case where a relevant authority has determined a maximum rent in accordance with regulation 13D—

(a) sub-paragraphs (a) and (b) of paragraph (1) shall not apply; and

(b) payment of a rent allowance to a person’s landlord may be made where—

(i) the relevant authority considers that the claimant is likely to have difficulty in relation to the management of his financial affairs;

(ii) the relevant authority considers that it is improbable that the claimant will pay his rent; or

(iii) a direct payment has previously been made by the relevant authority to the landlord in accordance with regulation 76 in respect of the current award of housing benefit; [F6 or

(iv) the relevant authority considers that it will assist the claimant in securing or retaining a tenancy.]

(3B) Where the relevant authority suspects that the grounds in paragraph (3A)(b)(i) or (ii) apply and is considering whether to make payments on one of those grounds, it may make a payment of a rent allowance to the person’s landlord for a period not exceeding 8 weeks.]

[F7 (4) In this regulation—

“landlord” has the same meaning as in [F8 regulation 76] and paragraph (2) of that regulation shall have effect for the purposes of this regulation; and

“tenancy” includes—

(a)

in Scotland, any other right of occupancy; and

(b)

in England and Wales, a licence to occupy premises.]

Textual Amendments

F1 See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).

F2 Words in reg. 77(1) 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), 17(2)(a)

F3 Words in reg. 77(2) omitted (1.11.2010) by virtue of The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 2010 (S.I. 2010/2449), regs. 1(2), 3(7)

F4 Words in reg. 77(3) 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), 17(2)(b)

F5 Reg. 77(3A)(3B) 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), 17(2)(c)

F6 Reg. 77(3A)(b)(iv) and word added (1.4.2011) by The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 3(8)(a)

F7 Reg. 77(4) substituted (1.4.2011) by The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 3(8)(b)

F8 Words in reg. 77(4) substituted (31.10.2011) by The Social Security (Miscellaneous Amendments) (No. 3) Regulations 2011 (S.I. 2011/2425), regs. 1(2), 20(9)