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

11.—(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—

(a) in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985(1) or section 12 of the Housing (Scotland) Act 1987(2);

(b) in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985(3) or section 12 of the Housing (Scotland) Act 1987;

(c) in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996(4), otherwise than from a housing action trust within the meaning of Part 3 of that Act or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or

(d) in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990(5) to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968(6) to a housing association.

(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—

(a) there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and

(b) the local authority stated in the application for determination that—

(i) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or

(ii) the rent payable for that dwelling is unreasonably high.

(3) Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.

(1)

1985 c. 68; section 32 was amended by section 140 of and Schedule 17 to the Housing Act 1988 (c. 50); section 227 of and Schedule 19 to the Housing Act 1996 (c. 52) and S.I. 1997/74.

(2)

1987 c. 26.

(3)

1985 c. 68; section 43 was amended by section 132 and 140 of and Schedule 17 to the Housing Act 1988 (c. 50); section 194 of and Schedule 12 to the Local Government and Housing Act 1989 (c. 42), section 78 of and Schedule 10 to the Environment Act 1995 (c. 25) and section 227 of and Schedule 9 to the Housing Act 1996.

(4)

1996 c. 52.

(5)

S.I. 1990/1700; amended by S.I. 1990/2366 and 1991/1281.

(6)

1968 c. 16. Relevant amendments are contained in the Enterprise and New Towns (Scotland) Act 1990 (c. 35) section 33.