{
  "url": "https://openlegislation.uk/housing-benefit-local-housing-allowance-and-information-sharing-amendment-regulations-2007/regulation-8",
  "json_url": "https://openlegislation.uk/housing-benefit-local-housing-allowance-and-information-sharing-amendment-regulations-2007/regulation-8.json",
  "legislation": "uksi/2007/2868",
  "legislation_title": "The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007",
  "legislation_url": "https://openlegislation.uk/housing-benefit-local-housing-allowance-and-information-sharing-amendment-regulations-2007",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Substitution of regulation 14 of the Housing Benefit Regulations 2006",
  "text": "For regulation 14 (requirement to refer to rent officers), substitute—\n“Requirement to refer to rent officers\n14. (1) Subject to the following provisions of this regulation, a relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where—\n(a) it has received a claim on which rent allowance may be awarded and any of the circumstances specified in regulation 13C(5)(a) to (e) (rent allowance cases for which a maximum rent (standard local rent) is not to be determined) apply;\n(b) it has received relevant information regarding a claim on which rent allowance may be awarded and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;\n(c) it has received a notification of a change relating to a rent allowance and a maximum rent (LHA) does not fall to be determined under regulation 13C (determination of a maximum rent (LHA));\n(d) it has received a notification of a change of dwelling and any of the circumstances specified in regulation 13C(5)(a) to (e) apply;\n(e) it has received, except in the case where any liability to make payments in respect of a dwelling would be to a housing authority, a request from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the relevant authority, which includes the specified matters and any of the circumstances specified in regulation 13C(5)(a) to (d) apply;\n(f) 52 weeks have expired since it last made an application under sub-paragraph (a), (b), (c), (d) or (e) in relation to the claim or award in question and—\n(i) a maximum rent (LHA) determined under regulation 13D does not apply; and\n(ii) a maximum rent (LHA) is not to be determined under regulation 13D; or\n(g) 52 weeks have expired since an application was made under sub-paragraph (f) or a previous application was made under this sub-paragraph, whichever last occurred, and—\n(i) a maximum rent (LHA) determined under regulation 13D does not apply; and\n(ii) a maximum rent (LHA) is not to be determined under regulation 13D.\n(2) An application shall not be required under paragraph (1) where a claim, relevant information regarding a claim, notification or request relates to either—\n(a) a dwelling in a hostel if, during the period of 12 months ending on the day on which that claim, relevant information regarding a claim, notification or request is received by the relevant authority—\n(i) a rent officer has already made a determination in the exercise of the Housing Act functions in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the claim, relevant information regarding a claim, notification or request relates; and\n(ii) there has been no change relating to a rent allowance that has affected the dwelling in respect of which that determination was made; or\n(b) an “excluded tenancy” within the meaning of Schedule 2 (excluded tenancies).\n(3) The provision of information to the rent officer in accordance with regulation 114A(5) shall be treated as an application to the rent officer under paragraph (1).\n(4) Where a relevant authority receives a request pursuant to paragraph (1)(e) (request from prospective occupier) and it is a case where, by reason of paragraph (2) (hostels or excluded tenancies), an application to a rent officer is not required, the authority shall—\n(a) return it to the prospective occupier, indicating why no such application is required; and\n(b) where it is not required by reason of either paragraph (2)(a) (hostels) of this regulation or paragraph 2 of Schedule 2 (cases where the rent officer has already made a determination), shall also send him a copy of that determination within 4 days of the receipt of that request by the authority.\n(5) Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable after that date, of—\n(a) the relevant authority receiving a claim on which rent allowance may be awarded;\n(b) the relevant authority receiving relevant information regarding a claim on which rent allowance may be awarded;\n(c) the relevant authority receiving a notification of a change relating to a rent allowance;\n(d) the relevant authority receiving a notification of a change of dwelling; or\n(e) the day on which the period mentioned in paragraph (1)(f) or (g) expired,\nexcept that, in the case of a request to which paragraph (1)(e) (request from prospective occupier) applies, the application shall be made within 2 days of the receipt of that request by the authority.\n(6) In calculating any period of days mentioned in paragraphs (4) or (5), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.\n(7) For the purpose of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each dwelling provides sleeping accommodation for the same number of persons.\n(8) In this regulation—\n“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 2 applies;\n“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but only where his current agreement commenced 11 months or more before the request under paragraph (1)(e);\n“specified matters” means—\n(a) the signature of the prospective occupier;\n(b) the signature of the person to whom the prospective occupier would incur liability to make such payments;\n(c) a statement that the person in paragraph (b) agrees to the application being made for that determination; and\n(d) an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit;\n“tenancy” includes—\n(a) in Scotland, any other right of occupancy; and\n(b) in any other case, a licence to occupy premises,\nand reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;\n“the Corporation” has the same meaning as in section 56 of the Housing Act 1996.”",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Regulation 14 is amended by regulation 3 of these Regulations. That amendment comes into force before the substitution by this regulation of a new regulation 14."
    }
  ],
  "outstanding_effects": [
    {
      "type": "words substituted",
      "affecting": "uksi/2008/586",
      "affecting_title": "The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008"
    },
    {
      "type": "word omitted",
      "affecting": "uksi/2008/586",
      "affecting_title": "The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008"
    },
    {
      "type": "words added",
      "affecting": "uksi/2008/586",
      "affecting_title": "The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008"
    },
    {
      "type": "words omitted",
      "affecting": "uksi/2008/586",
      "affecting_title": "The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/2868/regulation/8",
    "retrieved_at": "2026-10-29T03:43:20.812564+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}