# The Housing Benefit and Council Tax Benefit (Subsidy) Order 1996, Paragraph 8: Relevant date


— For the purposes of this Schedule—
(a) in a case where a claim for rent allowance is made on or after 1st April 1995, the relevant date is the date on which entitlement to benefit commences;
(b) in a case where—
(i) on 1st April 1995 there is current on that date a claim for an allowance in relation to the dwelling; and
(ii) there is also current on that date a rent officer’s determination in relation to the dwelling,
the relevant date is 1st April 1995; and for the purposes of head (ii) above, a rent officer’s determination includes a determination, interim determination, further determination or re-determination made under the Rent Officers Order, save that where a determination made under paragraph 2 of Schedule 1 to the Rent Officers Order 1990 had not taken effect by 31st March 1995, the relevant date will be 13 weeks after the relevant date determined under the 1995 Order;
(c) in a case where—
(i) during the relevant year there has been a change relating to a rent allowance within the meaning of regulation 12A(8) of the Housing Benefit Regulations; and
(ii) by virtue of regulation 12A of the Housing Benefit Regulations (requirement to refer to rent officer) an application for a determination in respect of that dwelling is required,
the relevant date is the date on which the relevant change of circumstances takes effect for the purposes of regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) or, if the relevant change of circumstances does not affect entitlement to an allowance, the Monday following the date on which the relevant change occurred;
(d) in a case where a rent officer makes both an interim determination and a further determination, the relevant date is—
(i) if the relevant rent determined under the further determination is higher than or equal to the amount determined under the interim determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii) if the relevant rent determined under the further determination is lower than the amount determined under the interim determination, the Monday following the date on which the further determination is made by the rent officer; in a case, falling on or after 2nd January 1996, where, prior to any rent officer
(e) determination being notified to the authority, the authority determines a rent allowance on a claim in respect of a dwelling, the relevant date is—
(i) if the relevant rent less ineligible amounts determined under the determination eventually notified by the rent officer is higher than or equal to the eligible rent determined by the authority in relation to that dwelling, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii) if the relevant rent less ineligible amounts is lower than the eligible rent determined by the authority but that eligible rent is equal to or more than the appropriate indicative rent level for that dwelling, the Monday following the date on which the determination is made by the rent officer;
(iii) if the relevant rent less ineligible amounts is lower than the eligible rent determined by the authority in relation to that dwelling, the Monday following the date on which the determination is made by the rent officer and in so far as the eligible rent determined by the authority in relation to that dwelling was in excess of the appropriate indicative rent level for that dwelling paragraph 7 shall apply to that excess;
(f) in a case where the rent officer has made a re-determination under paragraph 1 of Schedule 3 to the Rent Officers Order, the relevant date is—
(i) if the relevant rent determination under the re-determination is higher than or equal to the amount determined under the original determination, the date determined under the foregoing sub-paragraphs of this paragraph as appropriate;
(ii) if the relevant rent determination under the re-determination is lower than the amount determined under the original determination, the Monday following the date on which the re-determination is made by the rent officer.

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Source: https://www.legislation.gov.uk/uksi/1996/1217/schedule/6/paragraph/8 (the official version)
Page: https://openlegislation.uk/housing-benefit-and-council-tax-benefit-subsidy-order-1996/schedule-6/paragraph-8
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.