Regulation 16 Pre-tenancy decisionsI1

Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a decision shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the Executive, which includes the specified matters and any of the circumstances specified in regulation 14C(5)(a) to (d) apply.

A decision by the Executive shall not be required under paragraph (1) where a request relates to—

Where the Executive receives a request pursuant to paragraph (1) it shall make a decision within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a decision in accordance with Schedule 2 is not required, where the Executive shall—

For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or deciding claims.

In this regulation—

• “change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) F2, (d) or (f) of Schedule 3 applies;

• “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 not in a case where his current agreement commenced less than 11 months before such a request;

• F3...

• F4“specified matters” means—

  1. (a)

     the signature of the prospective occupier;

  2. (b)

     the signature of the person to whom the prospective occupier would incur liability to make such payments;

  3. (c)

     a statement that the person in paragraph (b) agrees to the application being made for that decision; and

  4. (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.