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

Status:

This is the original version (as it was originally made).

Insertion of regulations 11A and 11B into the principal Regulations

6.  After regulation 11 (maximum rent) insert the following regulations—

Maximum rent (standard local rate)

11A.(1) Subject to paragraph (2), where—

(a)the relevant authority is a pathfinder authority specified in Part I of Schedule 8 and it is the commencement date for that pathfinder authority; or

(b)a pathfinder authority has received—

(i)a claim on which a rent allowance may be awarded, where the date of claim falls on or after the commencement date;

(ii)relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after the commencement date;

(iii)in relation to an award of housing benefit where the maximum rent was determined in accordance with regulation 11, a notification of a change relating to a rent allowance where the change occurs on or after the commencement date; or

(iv)in relation to an award of housing benefit where a maximum rent (standard local rate) was determined in accordance with this regulation—

(aa)notification of a change of a kind which affects the category of dwelling applicable to the claim;

(bb)notification of the death of an occupier of the dwelling to whom any of sub-paragraphs (b) to (d) of regulation 10(3H) applies, where the notification does not fall within sub-head (aa); or

(cc)notification that there has been a rent increase under a term of the tenancy to which the claim relates and the term under which that increase was made was either included in the tenancy at the date of the claim or is a term substantially the same as such a term,

the pathfinder authority shall determine a maximum rent (standard local rate) in accordance with paragraphs (3) to (8).

(2) Paragraph (1) shall not apply in a case where—

(a)the landlord is a registered social landlord;

(b)regulation 10(1)(b) of the Housing Benefit (General) Amendment Regulations 1995(1) applies;

(c)the tenancy is an excluded tenancy of a type falling within any of paragraphs 5 to 11 of Schedule 1A(2);

(d)the claim or award relates to—

(i)periodical payments of a kind falling within regulation 10(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or

(ii)rent payable in relation to a hostel; or

(e)rent under the tenancy is attributable to board and attendance, and—

(i)the pathfinder authority has made an application to the rent officer in accordance with paragraph (6), regulation 12B or 12C; and

(ii)the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the pathfinder authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order(3).

(3) The maximum rent (standard local rate) shall be the local housing allowance determined by the rent officer which is applicable to—

(a)the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

(b)the category of dwelling—

(i)specified in paragraph 1(1)(a) of Part I of Schedule 3A to the Rent Officers Order where—

(aa)the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 13 of Schedule 2 (severe disability premium) does not apply; or

(bb)the category of dwelling specified in paragraph 1(1)(b) of Part I of Schedule 3A to the Rent Officers Order would apply in the claimant’s case but neither requirement in head (ii)(aa) or (bb) is satisfied in his case;

(ii)specified in paragraph 1(1)(b) of Part I of Schedule 3A to the Rent Officers Order where that applies in the claimant’s case at the relevant date in accordance with the size criteria and he is not a person to whom head (i)(aa) applies and where—

(aa)the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or

(bb)the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking;

(iii)in any other case, which applies in the claimant’s case at the relevant date in accordance with the size criteria.

(4) Where no local housing allowance applicable to a claim or award of housing benefit falling within paragraph (3)(b)(iii) has been determined, the pathfinder authority shall—

(a)apply to the rent officer for local housing allowance determinations for the category of dwelling applicable to the claim or award of housing benefit for each broad rental market area falling within its area, in whole or in part, at the relevant date, which shall be specified in the application; and

(b)apply the local housing allowance so determined for the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date.

(5) Where—

(a)a pathfinder authority receives a request on a properly completed form approved for the purpose by the pathfinder authority from a person stating that he is contemplating occupying as his home a dwelling containing a specified number of rooms, exceeding six, within the area of the pathfinder authority and that, if he does so, he is likely to claim housing benefit; and

(b)no local housing allowance determination is in effect for a broad rental market area, falling within, in whole or in part, the area of the pathfinder authority for the category of dwelling containing the number of rooms specified in the form,

the pathfinder authority shall apply to the rent officer for local housing allowance determinations for each broad rental market area for the category of dwelling containing the number of rooms specified in the form.

(6) In a case where—

(a)the pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of paragraph (1); and

(b)part of the rent under the tenancy appears to the pathfinder authority to be likely to be attributable to board and attendance,

the pathfinder authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order.

(7) Where an application to a rent officer is required in accordance with paragraph (6)—

(a)it shall contain—

(i)a statement that the application is made in accordance with regulation 11A(6); and

(ii)such other statements, information and notifications as would be required were the application to be made in accordance with regulation 12A(1); and

(b)it shall be made within the same period following the day on which the pathfinder authority becomes obliged to determine a maximum rent (standard local rate) by virtue of paragraph (1) as would be required if it were to be made under regulation 12A(1).

(8) Where the maximum rent (standard local rate) exceeds the rent, the claimant shall be treated as liable to make payments in respect of the dwelling of an amount equal to the amount by which the maximum rent (standard local rate) exceeds the rent, except for the purposes of calculating any amount by which a rent allowance exceeds the amount which a claimant is liable to pay his landlord as rent, or rent and any arrears of rent, in accordance with regulation 93(2A).

(9) In this regulation—

  • “change relating to a rent allowance” has the same meaning as in regulation 12A;

  • “occupiers” means the persons whom the pathfinder authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household;

  • “registered social landlord” has the same meaning as in Part I of the Housing Act 1996(4) and, in Scotland, sections 57 and 59 of the Housing (Scotland) Act 2001(5);

  • “room” has the meaning specified in paragraph 1(2) of Part I of Schedule 3A to the Rent Officers Order;

  • “size criteria” has the meaning specified in article 2 of the Rent Officers Order except that the word “occupier” is to be construed in accordance with the definition of “occupiers” in this paragraph.

Publication of local housing allowances

11B.  A pathfinder authority shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas falling in whole or in part within its area, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the authority..

(1)

S.I. 1995/1644. Relevant amending instruments to regulation 10 are S.I. 1996/462 and 2432, 1998/563 and 2231 and 2003/363 and 1338.

(2)

S.I. 1987/1971. Relevant amending instruments are S.I. 1988/1971, 1990/546, 1991/2742, 1993/317, 518 and 1150, 1994/2137, 1995/625, 1644, 2303 and 2868, 1996/965, 1510 and 2432, 1997/65, 852, 1995 and 2434, 1998/563, 1999/2401 and 2734, 2000/4 and 681, 2001/487, 1324 and 1605, 2002/490 and 2497 and 2003/48, 363 and 1338.

(3)

S.I. 1997/1984 and 1995. Relevant amending instruments to S.I. 1997/1984 are S.I. 2000/1 and 2003/2398. Relevant amending instruments to S.I. 1997/1995 are S.I. 2000/3 and 2003/2398.

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