The Housing Benefit (General) Amendment (No. 3) Regulations 1999

Amendment of regulation 11 of the Housing Benefit Regulations

5.  In regulation 11 of the Housing Benefit Regulations (maximum rent) after paragraph (5) there shall be inserted the following paragraphs—

“(5A) In a case where a maximum rent has been determined in respect of a claimant under paragraph (2), (3), (3A)(1), (4) or (5), that maximum rent shall be adjusted in accordance with paragraphs (5B) to (5F) as appropriate.

(5B) A maximum rent determined under paragraph (2), (3), (3A) or (4) shall, subject to paragraphs (5C) and (5D), be increased by the sum of those service charges specified in the exceptions provided in sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph 1 of Schedule 1 (ineligible service charges) and Schedule 1B(2) (service charges for claimants in supported accommodation) determined by the appropriate authority as eligible to be met by housing benefit, and the maximum rent shall be that increased amount.

(5C) In a case to which paragraph (2) applies, where a rent officer has determined a relevant rent which includes an amount in respect of service charges for—

(a) the cleaning of rooms and windows which are eligible to be met by housing benefit, other than those eligible by virtue of sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1;

(b) the provision of an emergency alarm system; or

(c) general counselling or any other support,

that amount shall be deducted from the maximum rent before any increase under paragraph (5B).

(5D) In a case to which paragraph (4) applies, the appropriate authority shall reduce the relevant rent by the sum of those service charges for—

(a) the cleaning of rooms and windows which are eligible to be met by housing benefit, other than those eligible by virtue of sub-paragraphs (a)(iv)(aa) or (bb) of paragraph 1 of Schedule 1;

(b) the provision of an emergency alarm system; or

(c) general counselling or any other support,

determined by a rent officer as eligible to be met by housing benefit, and use that relevant rent so reduced in determining whether that case should fall under either sub-paragraph (a) or (b) of that paragraph and in a case which falls under sub-paragraph (b) the sum of those service charges shall be deducted from the maximum rent before any increase under paragraph (5B)

(5E) In the case of a claimant who occupies supported accommodation and whose case falls under paragraph (5), the appropriate authority shall treat references to the local reference rent as references to the local reference rent plus those service charges it has determined as eligible to be met by housing benefit under sub-paragraphs (a)(iv)(cc), (c) and (f) of paragraph (1) of Schedule 1 (ineligible service charges) and Schedule 1B (service charges for claimants in supported accommodation).”.

(1)

Paragraph (3A) was inserted by S.I. 1996/965.

(2)

Schedule 1B was inserted by S.I. 1999/2734.