Requirement to refer to rent officers14

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) or (e) 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; or

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.

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 114A(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—

  1. a

     the signature of the prospective occupier;

  2. b

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

  3. c

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

  4. 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—

  1. a

     in Scotland, any other right of occupancy; and

  2. 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;

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