Cap rent
24.—(1) The renter’s cap rent is to be determined as follows.
Step 1
Determine the category of accommodation to which the renter is entitled under paragraphs 7 to 11 and paragraphs 25 to 28.
Step 2
Having regard to the determination at step 1, determine the maximum allowable amount for the renter under sub-paragraph (2) or (4) (as the case may be).
The result is the renter’s cap rent.
(2) The maximum allowable amount to be used in relation to the renter is the local housing allowance which applies at the relevant time to—
(a)the broad rental market area in which the renter’s accommodation is situated, and
(b)the category of accommodation determined at step 1 as that to which the renter is entitled.
(3) The maximum allowable amount in relation to the renter is to be determined under sub-paragraph (4) in any case where—
(a)paragraph 3 (claimant housed in two dwellings by provider of social housing) of Schedule 3 applies to the renter, and
(b)the maximum allowable amount determined under sub-paragraph (2) for the renter in relation to accommodation A and the amount so determined in relation to accommodation B are different (references to accommodation A and accommodation B are to be understood in accordance with paragraph 3 of Schedule 3), and
(c)a single calculation is to be made in relation to the renter under paragraph 16 (renter treated as occupying single accommodation).
(4) In any such case, the maximum allowable amount to be used in making the single calculation required by paragraph 16—
(a)is to be determined by reference to the accommodation for which the amount referred to in sub-paragraph (3)(b) is lower when the calculation is first made, and
(b)is to continue to be determined by reference to that accommodation for so long as paragraph 3 of Schedule 3 applies to the renter in respect of the same accommodation A and the same accommodation B, and
(c)is to be re-determined in accordance with paragraphs (a) and (b) on each occasion when the renter is re-housed in any other accommodation, provided that paragraph 3 of Schedule 3 continues to apply to the renter.
(5) In this paragraph—
“broad rental market area” means the broad rental market area to be determined under regulation 3 of the UC Housing Costs Regulations;
“local housing allowance” in relation to a broad rental market area, means the amount to be determined by a rent officer for that area under regulation 4 of the UC Housing Costs Regulations;
“relevant time” means the time at which the amount of the renter’s housing costs element is calculated under paragraph 21.