OpenLegislation

Regulation 14C When a maximum rent (LHA) is to be determinedF1

(1)

The Executive shall determine a maximum rent (LHA) in accordance with regulation 14D in any case where paragraphs (2) or (3) apply.

(2)

This paragraph applies where the Executive has received—

(a)

a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(b)

relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(c)

in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 14D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

(d)

in relation to an award of housing benefit where a maximum rent (LHA) was determined in accordance with regulation 14D—

(i)

notification of a change of a kind which affects the category of dwelling applicable to the claim;

(ii)

notification of the death of a linked person, where the notification does not fall within head (i), F2...

(iii)

notification of a change of dwelling. F3or

(iv)

notification of a change of a kind which affects the amount of the claimant's cap rent as determined in accordance with regulation 14D.

(F43)

This paragraph applies on 1st April in any year.

F5(4)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

This regulation does not apply in a case where—

(a)

the landlord is a registered housing association;

(b)

paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

(c)

the tenancy is an excluded tenancy under paragraph 4 or 5 of Schedule 3;

(d)

the claim or award relates to—

(i)

periodical payments of a kind falling within regulation 13(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home, or

(ii)

rent payable in relation to a hostel; or

(e)

a substantial part of the rent under the tenancy is fairly attributable to board and attendance.

F6(6)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

Word in reg. 14C(2)(d)(ii) omitted (1.1.2014) by virtue of The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/282), regs. 1, 3(a)(i)

F3

Reg. 14C(2)(d)(iv) and word added (1.1.2014) by The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/282), regs. 1, 3(a)(ii)

F4

Reg. 14C(3) substituted (1.1.2014) by The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/282), regs. 1, 3(b)

F5

Reg. 14C(4) omitted (1.1.2014) by virtue of The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/282), regs. 1, 3(c)

F6

Reg. 14C(6) omitted (1.1.2014) by virtue of The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/282), regs. 1, 3(c)

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