Regulation 13C Eligible rent and maximum rent (LHA)F1

F2Except where regulation 13D applies, this regulation applies where, by virtue of paragraphs (2) or (3) of regulation 14C, a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 14D.

Where this regulation applies, except where paragraphs (3)(a) or (5)(a) apply,—

Subject to paragraph (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a), (b) or (d)(i) or (ii) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any linked person, the eligible rent shall be—

For the purposes of paragraph (3), a claimant is treated as occupying the dwelling if—

Subject to paragraphs (6) and (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a) or (b) and the Executive is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be—

Paragraph (5) shall not apply where a claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

Where a person’s eligible rent has been determined in accordance with—

Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) or (b)(i), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).