The Housing Benefit (General) (Local Housing Allowance) Amendment Regulations 2003

Amendment of regulation 10 of the principal Regulations

5.—(1) Regulation 10 of the principal Regulations (rent) shall be amended in accordance with the following provisions of this regulation.

(2) In paragraph (3)(b) after the words “except where sub-paragraph (a)” insert “or paragraph (3A), (3C) or (3D)”.

(3) After paragraph (3) insert the following paragraphs—

“(3A) Where, by virtue of paragraph (1) of regulation 11A, a maximum rent (standard local rate) has been, or falls to be, determined in accordance with that regulation, then, except where paragraph (3C)(a)(ii), (b)(ii) or (c)(ii), (3D)(a) or (3F)(a) applies—

(a) the amount of a person’s eligible rent shall be the maximum rent (standard local rate); and

(b) it shall apply until the earlier of—

(i) the determination of a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(iv); or

(ii) the determination of a maximum rent (standard local rate) which relates to the local housing allowance applicable to the case on the first anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the eligible rent in sub-paragraph (a), was identified.

(3B) This paragraph applies where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1)(a) or (b)(i), (ii) or (iii) and the claimant has been continuously entitled to and in receipt of housing benefit in respect of the dwelling he occupies as his home for a period which includes the commencement date.

(3C) Where paragraph (3B) applies, subject to paragraph (3I)—

(a) except where sub-paragraph (b) or (c) applies, the amount of a person’s eligible rent shall be—

(i) the eligible rent determined in accordance with paragraph (3A) where that is not less than the eligible rent which applied on the day before the relevant date; or

(ii) the eligible rent which applied on the day before the relevant date;

(b) where the eligible rent to which the person was entitled on the day before the relevant date was determined by reference to a maximum rent determined in accordance with regulation 11(7)(b), the person’s eligible rent shall be—

(i) the eligible rent determined in accordance with paragraph (3A), where that is not less than the eligible rent which applied on the day before the relevant date; or

(ii) the eligible rent which applied on the day before the relevant date; or

(c) where the eligible rent to which the person was entitled on the day before the relevant date was, by virtue of regulation 11(9), determined in accordance with paragraph (3)(b), the person’s eligible rent shall be—

(i) the eligible rent determined in accordance with paragraph (3A), where that is not less than the eligible rent which applied on the day before the relevant date; or

(ii) the eligible rent which applied on the day before the relevant date.

(3D) Subject to paragraph (3I), where the pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(i), (ii) or (iv) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any person to whom any of sub-paragraphs (b) to (d) of paragraph (3H) applied or, had a claim been made, would have applied, the eligible rent shall be—

(a) either—

(i) the eligible rent which applied on the day before the death occurred; or

(ii) in a case where there was no eligible rent, subject to paragraphs (4) and (6B), the reckonable rent due on that day; or

(b) the eligible rent determined in accordance with paragraph (3A), where it is not less than the eligible rent determined in accordance with sub-paragraph (a).

(3E) For the purpose of paragraph (3D), a claimant shall be treated as occupying the dwelling if paragraph (8) of regulation 5 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose that paragraph (8) shall have effect as if sub-paragraph (b) of that paragraph were omitted.

(3F) Subject to paragraphs (3G) and (3I), where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(i) or (ii) and the pathfinder authority is satisfied that a person to whom paragraph (3H) applies was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be—

(a) an eligible rent determined in accordance with paragraph (3)(b); or

(b) the eligible rent determined in accordance with paragraph (3A), where it is not less than the eligible rent referred to in sub-paragraph (a).

(3G) Paragraph (3F) shall not apply in the case of any claim for housing benefit where the claimant was previously entitled to housing benefit in respect of any period which ended less than 52 weeks before the commencement of the period to which the claim relates.

(3H) This paragraph applies to the following persons—

(a) the claimant;

(b) any member of his family;

(c) if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;

(d) any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it.

(3I) Where a person’s eligible rent has been determined in accordance with—

(a) paragraph (3C)(a)(ii), it shall continue to apply until such time as the pathfinder authority determines an eligible rent—

(i) in accordance with paragraph (3A) which is equal to or exceeds it; or

(ii) where the maximum rent (standard local rate) on which it is based relates to the local housing allowance applicable to the case on the anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the eligible rent in paragraph (3C)(a)(i) was identified, which is equal to or exceeds it,

whichever first occurs;

(b) paragraph (3C)(b)(ii), and—

(i) the pathfinder authority determined a maximum rent (standard local rate) following receipt of a notification of change relating to a rent allowance that falls within paragraph 2(3)(a) of Schedule 1A as a result of the death of one of the occupiers to whom any of sub-paragraphs (b) to (d) of regulation 11(7) applied, it shall continue to apply until—

(aa) the period of 12 months from the date of death has expired; or

(bb) the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,

whichever first occurs; or

(ii) in any other case, it shall continue to apply until—

(aa) the date on which the eligible rent which applied on the day before the relevant date would have ceased to apply; or

(bb) the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,

whichever first occurs;

(c) paragraph (3C)(c)(ii), it shall continue to apply until—

(i) the date on which the eligible rent which applied on the day before the relevant date would have ceased to apply; or

(ii) the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,

whichever first occurs;

(d) paragraph (3D)(a), it shall continue to apply until—

(i) the period of 12 months from the date of death has expired; or

(ii) the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,

whichever first occurs;

(e) paragraph (3F)(a), it shall continue to apply until—

(i) the first 13 weeks of the claimant’s award of housing benefit have expired; or

(ii) the pathfinder authority determines an eligible rent in accordance with paragraph (3A) which is equal to or exceeds it,

whichever first occurs; and

(f) paragraph (3A)(b)(ii), or sub-paragraph (a)(ii) or this sub-paragraph, that eligible rent (“the earlier eligible rent”) shall continue to apply until—

(i) the determination of a maximum rent (standard local rate) by virtue of regulation 11A(1)(b)(iv); or

(ii) the determination of an eligible rent where the maximum rent (standard local rate) on which it is based relates to the local housing allowance applicable to the case on the first anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the earlier eligible rent was identified,

whichever first occurs.

(3J) Where an eligible rent ceases to apply by virtue of sub-paragraph (b)(i)(aa), (b)(ii)(aa), (c)(i), (d)(i) or (e)(i) of paragraph (3I), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3C)(b)(ii), (3C)(c)(ii), (3D)(a) and (3F)(a).

(3K) In paragraph (3D) “reckonable rent” has the same meaning as in regulation 11.”.