95.—(1) Subject to paragraph (2) and paragraph 8(4) of Schedule A1 M1 (treatment of claims for housing benefit by refugees), a payment of rent allowance shall be made to a landlord (and in this regulation the “landlord” includes a person to whom rent is payable by the person entitled to that allowance)—
(a)where under Regulations made under the Administration Act an amount of income support[F1, a jobseeker's allowance or an employment and support allowance ] payable to the claimant or his partner is being paid direct to the landlord; or
(b)where sub-paragraph (a) does not apply and the person is in arrears of an amount equivalent to 8 weeks or more of the amount he is liable to pay his landlord as rent, except where it is in the overriding interest of the claimant not to make direct payments to the landlord.
(2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 96 (circumstances in which payment may be made to a landlord) shall be to discharge, in whole or in part, the liability of the claimant to pay rent to that landlord in respect of the dwelling concerned, except in so far as—
(a)the claimant had no entitlement to the whole or part of that rent allowance so paid to his landlord; and
(b)the overpayment of rent allowance resulting was recovered in whole or in part from that landlord.
[F2(2A) In a case where—
(a)a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D; 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 96 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.]
(3) Where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance no such payment shall be made direct to him under paragraph (1).
Textual Amendments
F1Words in reg. 95(1)(a) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 21
F2Reg. 95(2A) inserted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 17(1) (with reg. 1(6))
Marginal Citations
M1See the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), regulation 7 and Schedule 4, paragraph 2 for regulation 10A and Schedule A1 (claims by refugees).