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

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This is the original version (as it was originally made).

Amendment of regulations 93 and 94 of the principal Regulations

12.—(1) In regulation 93 of the principal Regulations (circumstances in which payment is to be made to a landlord) after paragraph (2) insert the following paragraph—

(2A) In a case where—

(a)a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 11A(1); and

(b)the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 94 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent..

(2) In regulation 94 of the principal Regulations (circumstances in which payment may be made to a landlord)—

(a)in paragraph (1) for the words “paragraph (1B)” substitute the words “paragraphs (1B) and (1C)”;

(b)in sub-paragraph (a) of paragraph (1B) after the words “paragraph (1)” insert the words “or (1C)”;

(c)after paragraph (1B) insert the following paragraph—

(1C) In a case where a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 11A—

(a)sub-paragraphs (a) and (b) of paragraph (1) shall not apply; and

(b)payment of a rent allowance to a person’s landlord may be made where—

(i)the eligible rent was determined by reference to a maximum rent (standard local rate) which was determined by virtue of regulation 11A(1)(a) and—

(aa)the maximum rent (standard local rate) was determined less than six months previously;

(bb)no subsequent maximum rent (standard local rate) has been determined in accordance with regulation 11A(1); and

(cc)the claimant has, since the date the maximum rent (standard local rate) was determined, been continuously entitled to, and in receipt of, housing benefit in relation to the dwelling he occupied as his home at that date;

(ii)the pathfinder authority considers that the claimant is likely to have difficulty in managing his affairs;

(iii)the pathfinder authority considers that it is improbable that the claimant will pay his rent; or

(iv)a direct payment has previously been made by the pathfinder authority to the landlord in accordance with regulation 93 in respect of the current award of housing benefit..

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