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Regulation 14A Protection on death and 13 week protectionF1

(1)

In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of a linked person, the maximum rent shall be either—

(a)

the maximum rent which applied before the death occurred; or

(b)

in a case where there was no maximum rent, the reckonable rent due before the death occurred,

for a period of 12 months from the date of such a death.

(F22)

For the purposes of paragraph (1), a claimant is treated as occupying the dwelling if—

(a)

any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

(b)

any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

(3)

Subject to paragraph (4), where 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, there shall be no maximum rent during the first 13 weeks of the claimant’s award of housing benefit.

(4)

Paragraph (3) 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.

Annotations

Textual amendments

F1

Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3)(4) of the amending Rule) by The Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/101), regs. 1(1), 2(7)

F2

Reg. 14A(2) substituted (30.1.2017) by The Housing Benefit and State Pension Credit (Temporary Absence) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/1), regs. 1(1)(a), 2(5)

Notes on Part III

Modifications

C1

Pt. III applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 14