{
  "url": "https://openlegislation.uk/housing-benefit-regulations-2006/regulation-14",
  "json_url": "https://openlegislation.uk/housing-benefit-regulations-2006/regulation-14.json",
  "legislation": "uksi/2006/213",
  "legislation_title": "The Housing Benefit Regulations 2006",
  "legislation_url": "https://openlegislation.uk/housing-benefit-regulations-2006",
  "path": "regulation/14",
  "kind": "regulation",
  "number": "14",
  "heading": "Requirement to refer to rent officers",
  "text": "(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), (e) or (h) 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; ...\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; or\n(h) has received notification that any of the circumstances in regulation 13C(5) apply.\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), (d), (f), (g) or (h) 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...",
  "extent": "E+W+S",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 14 substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 8 (with reg. 1(3)(5)(6))"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 14(1)(f) substituted by SI 2007/2868 reg. 8 (as amended) (7.4.2008) by The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 4(5)(a)(i)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Word in reg. 14(1)(f) omitted by SI 2007/2868 reg. 8 (as amended) (7.4.2008) by virtue of The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 4(5)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 14(1)(h) and word added by SI 2007/2868 reg. 8 (as amended) (7.4.2008) by The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 4(5)(b)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Words in reg. 14(8) substituted (1.4.2011) by The Housing Benefit (Amendment) Regulations 2010 (S.I. 2010/2835), regs. 1, 2(7)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 14(8) substituted (1.4.2013) by The Housing Benefit (Amendment) Regulations 2013 (S.I. 2013/665), regs. 1, 2(5)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 14(8) substituted (4.12.2013) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations 2013 (S.I. 2013/2828), regs. 1, 2(5)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 14(8) omitted by SI 2007/2868 reg. 8 (as amended) (7.4.2008) by virtue of The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008 (S.I. 2008/586), regs. 1, 4(5)(c)"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Reg. 14(1)(a) applied by S.I. 2005/1379, reg. 14 (as amended (6.3.2006) by The Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217), reg. 1(1), Sch. 2 para. 26 (with regs. 2, 3, Schs. 3, 4))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2006/213/regulation/14",
    "retrieved_at": "2026-11-06T03:35:43.605354+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."
}