{
  "url": "https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-14D",
  "json_url": "https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-14D.json",
  "legislation": "nisr/2006/405",
  "legislation_title": "The Housing Benefit Regulations (Northern Ireland) 2006",
  "legislation_url": "https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006",
  "path": "regulation/14D",
  "kind": "regulation",
  "number": "14D",
  "heading": "Determination of a maximum rent (LHA)",
  "text": "(1) Subject to paragraphs (3) to (9), the maximum rent (LHA) shall be the local housing allowance determined by virtue of regulation 3(2) or (4)(a) of the Executive Determinations Regulations which is applicable to—\n(a) the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and\n(b) the category of dwelling which applies at the relevant date in accordance with paragraph (2).\n(2) The category of dwelling which applies is—\n(a) the category specified in paragraph 1(1)(a) of the Schedule to the Executive Determinations Regulations (one bedroom shared accommodation) where—\n(i) the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 4 (severe disability premium) does not apply, or\n(ii) sub-paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 4 applies, or to whom the circumstances in either of paragraphs (b) or (c) of the definition of young individual applies (certain care leavers);\n(b) except where sub-paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of the Schedule to the Executive Determinations Regulations (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria as set out in paragraph (3) and—\n(i) the claimant (together with his partner where he has one) has the exclusive use of 2 or more rooms, or\n(ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,\nand in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;\n(c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraphs (3) to (3B) up to a maximum of 4 bedrooms.\n(3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—\n(za) a member of couple who cannot share a bedroom;\n(zb) a member of a couple who can share a bedroom;\n(a) a couple;\n(b) a person who is not a child;\n(ba) a child who cannot share a bedroom ...;\n(c) 2 children of the same sex;\n(d) 2 children who are less than 10 years old;\n(e) a child,\nbut the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child or the member of the couple were able to share a bedroom. ...\n(3A) The claimant is entitled to one additional bedroom in any case where—\n(a) one or more of the following persons is a person who requires overnight care—\n(i) the claimant;\n(ii) the claimant’s partner;\n(iii) a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;\n(iv) a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or\n(b) the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.\n(3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.\n(4) The Executive shall determine —\n(a) the cap rent (in accordance with the definition in paragraph (10)); and\n(b) whether the cap rent exceeds the applicable local housing allowance.\n(5) Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.\n(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\n(10) In this regulation—\n“cap rent” means the aggregate of such payments specified in regulation 13(1) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8, subject to regulation 13A(3), (4) and (7);\n“occupiers” means—\n(a)the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; and\n(b)any member of the armed forces away on operations who—\n(i)is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;\n(ii)was the claimant’s non-dependant before they became a member of the armed forces away on operations; and\n(iii)intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;\n“relevant date” means, as the case may require—\n(a)the date of the claim to which the claim or relevant information referred to in regulation 14C(2)(a) or (b) relates;\n(b)the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 14C(2)(c) or (d) relates; or\n(c)the date on which the anniversary of the LHA date referred to in regulation 14C(3) falls;\n“tenancy” includes a licence to occupy premises, and reference to a tenant or any other expression appropriate to a tenancy shall be construed accordingly.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "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)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 14D(2)(c) substituted (20.2.2017) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016 (S.R. 2016/326), regs. 1(3), 3(3)(a) (as amended by S.R. 2016/432, reg. 7)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 14D(2)(c) inserted (1.4.2011) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/51), regs. 1(2), 2(5)(a)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Reg. 14D(3)(za)(zb) inserted (20.4.2017) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(2), 2(4)(a)(i)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 14D(3)(ba) inserted (20.2.2017) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016 (S.R. 2016/326), regs. 1(3), 3(3)(b)(i) (as amended by S.R. 2016/432, reg. 7)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Words in reg. 14D(3)(ba) omitted (20.4.2017) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(2), 2(4)(a)(ii)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 14D(3) inserted (20.4.2017) by virtue of The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(2), 2(4)(a)(iii)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Words in reg. 14D(3) omitted (20.2.2017) by virtue of The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016 (S.R. 2016/326), regs. 1(3), 3(3)(b)(ii) (as amended by S.R. 2016/432, reg. 7)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Reg. 14D(3A)(3B) added (20.2.2017) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016 (S.R. 2016/326), regs. 1(3), 3(3)(c) (as amended by S.R. 2016/432, reg. 7)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Reg. 14D(3A)(a) substituted (20.4.2017) by The Housing Benefit and Universal Credit (Size Criteria) (Miscellaneous Amendments) Regulations (Northern Ireland) 2017 (S.R. 2017/70), regs. 1(2), 2(4)(b)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Reg. 14D(5) substituted (1.4.2011) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/51), regs. 1(2), 2(5)(c)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Reg. 14D(6)-(9) omitted (1.4.2011) by virtue of The Housing Benefit (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/51), regs. 1(2), 2(5)(d)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Words in reg. 14D(10) substituted (20.2.2017) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016 (S.R. 2016/326), regs. 1(3), 3(3)(d) (as amended by S.R. 2016/432, reg. 7)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2006/405/regulation/14D",
    "retrieved_at": "2026-11-12T03:38:14.194536+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."
}