STATUTORY INSTRUMENTS

2007 No. 2869
SOCIAL SECURITY
The Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007

	Made	2nd October 2007
	Laid before Parliament	8th October 2007
	Coming into force in accordance with regulation 1

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130(2), 130A(2) to (6), 137(1) and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992[1] and sections 5(1)(p), (2A) to (2C) and (6), 189(4) to (6) and 191 of the Social Security Administration Act 1992[2].

     This instrument contains only regulations made by virtue of, or consequential upon, sections 30 and 35 of the Welfare Reform Act 2007[3] and is made before the end of the period of six months beginning with the coming into force of those sections.

     In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

Citation and commencement
     1. —(1) These Regulations may be cited as the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007.

    (2) This regulation and regulations 2 (amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006[4]) and 3 (amendments relating to information sharing) shall come into force on 7th April 2008.

    (3) Subject to paragraph (6) (which relates to non-local housing allowance cases), regulations 4 to 19 (amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 relating to determination of appropriate maximum housing benefit) shall come into force on 7th April 2008 immediately following the coming into force of regulation 3.

    (4) Regulation 20 (substitution of Part 14 of and Schedule 9 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 in relation to former pathfinder authorities) shall come into force immediately following the coming into force of regulations 4 to 19 and in this paragraph "former pathfinder authorities" means those relevant authorities specified in Part 1 of Schedule 9 of the Housing Benefit (State Pension Credit) Regulations.

    (5) This paragraph applies to a case where no reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008 and in this paragraph—

"eligible rent" shall be construed in accordance with—

(6) In a case to which paragraph (5) applies regulations 4 to 19 shall come into force on the day when, on or after 7th April 2008, the first of the following sub-paragraphs applies—

and in this paragraph "relevant authority" means an authority administering housing benefit.

(7) Where paragraph (6) does not apply before 6th April 2009, regulations 4 to 19 shall come into force on that date.

(8) In this regulation—

"the Housing Benefit (State Pension Credit) Regulations" means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 as in force immediately before the coming into force of regulations 4 to 19 in that case; and

"the Consequential Provisions Regulations" means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 as in force immediately before the coming into force of regulations 4 to 19 in that case.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
2. The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 shall be amended in accordance with the following provisions of these Regulations.

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 relating to information sharing
3. —(1) In regulation 14 (requirement to refer to rent officers)—

(a) omit paragraphs (2), (3) and (9);

(b) after paragraph (4) insert—

" (4A) The provision of information to the rent officer in accordance with regulation 95A(6) shall be treated as an application to the rent officer under paragraph (1).".

(2) After regulation 94 (interpretation) insert—

" Information to be provided to rent officers

95A.

—(1) This paragraph applies to every claim for or award of housing benefit in the form of a rent allowance where the eligible rent has been, or is to be determined, in accordance with—

(2) No earlier than the first, and no later than the fifth, working day of every month a relevant authority shall provide the following information to the rent officer in relation to every claim for or award of housing benefit to which paragraph (1) applied in the preceding month—

(h) the date on which entitlement to housing benefit began; and

(i) where applicable, the date on which entitlement to housing benefit ended.

(3) Where the relevant authority is required to apply to the rent officer for a board and attendance determination by virtue of regulation 13D(10) (determination of a maximum rent (LHA)), it shall provide the following information in the application to the Rent Officer—

(4) where the relevant authority has identified charges to which paragraph (3)(f) applies, it shall—

    (5) Where a relevant authority has received notification from the rent officer that a substantial part of the rent is attributable to board and attendance, it shall provide the information referred to in paragraphs (7) and (8), except for such information as it has already provided in accordance with paragraphs (3) and (4).

    (6) Where the relevant authority is required to apply to the rent officer for a determination by virtue of regulation 14(1) (requirement to refer to rent officers), it shall provide the information referred to in paragraphs (7) to (9) in the application to the rent officer.

    (7) In relation to the dwelling to which the claim or award relates, the relevant authority shall provide the following information—

(d) whether the dwelling has central heating, a garden, a garage or a parking space;

(e) how many rooms suitable for living in there are—

(f) how many bedsitting rooms there are in the categories (e)(i) and (ii);

(g) how many bedrooms there are in the categories (e)(i) and (ii);

(h) how many bathrooms or toilets there are in the categories (e)(i) and (ii); and

(i) such other information as the rent officer may reasonably require to make a determination.

(8) In relation to the tenancy to which the claim or award relates, the relevant authority shall provide the following information—

(9) In relation to the claimant and the other occupiers of the dwelling to which the claim or award relates, the relevant authority shall provide the following information—

    (10) Where a rent officer serves a notice under article 5 (insufficient information) of the Rent Officers Order the relevant authority shall supply the further information required under this regulation, or confirm whether information already supplied is correct and, if it is not, supply the correct information.

    (11) Where the relevant authority refers a case to the rent officer in accordance with regulation 14 as in force before the coming into force of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007[8], it shall notify the rent officer that the referral is made in accordance with regulation 14 as in force before the coming into force of regulation 8 of those Regulations.

    (12) In this regulation—

"tenancy" includes—

and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;

(3) Omit regulation 95 (evidence and information required by rent officers).

Amendments to regulations 2, 3, 11 and 12 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
4. —(1) In regulation 2(1) (interpretation)—

(a) for the definition of "eligible rent" substitute—

" "eligible rent" means as the case may require, an eligible rent determined in accordance with—

(b) for the definition of "housing association" substitute—

" "housing association" has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985[

" "maximum rent" means the amount to which the eligible rent is restricted in a case where regulation 13 applies;";

" "non-dependant deduction" means a deduction that is to be made under regulation 55 (non-dependant deductions);";

"change of dwelling" means, for the purposes of regulations 13C and 14, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;

"linked person" means—

"local housing allowance" means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order;

"maximum rent (LHA)" means the amount determined in accordance with regulation 13D;

"reckonable rent" means payments which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for regulation 13, be eligible for housing benefit;

"registered housing association" means a housing association which—

"relevant information" means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim;".

(2) In regulation 3(4) (definition of non-dependant) after "and regulation 9" insert “and the definition of "linked person" in regulation 2“.

(3) In regulation 11 (eligible housing costs)—

whichever is applicable in his case.";

(4) In regulation 12 (rent)—

Insertion of regulations 12B, 12C and 12D into the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
5. After regulation 12 (rent)[18]insert—

Eligible rent

12B.

—(1) The amount of a person's eligible rent shall be determined in accordance with the provisions of this regulation except where regulations 12C (eligible rent and maximum rent) or 12D (eligible rent and maximum rent (LHA)) apply, or paragraph 4 of Schedule 3 to the Consequential Provisions Regulations applies.

(2) Subject to paragraphs (3), (4) and (6), the amount of a person's eligible rent shall be the aggregate of such payments specified in regulation 12(1) as that person is liable to pay less—

    (3) Where the payments specified in regulation 12(1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion of those payments as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.

    (4) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in regulation 12(1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.

    (5) The amount of the deduction referred to in paragraph (2) shall be—

    (6) In any case where it appears to the relevant authority that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to that authority to be an appropriate rent in that particular case.

Eligible rent and maximum rent
     12C. —(1) This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 13 (maximum rent).

    (2) Where this regulation applies the amount of a person's eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (6) of regulation 12B.

Eligible rent and maximum rent (LHA)
     12D. —(1) This regulation applies where, by virtue of paragraphs (2) or (3) of regulation 13C (when a maximum rent (LHA) is to be determined), a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 13D (determination of a maximum rent (LHA)).

    (2) Where this regulation applies, except where paragraphs (3)(a) (protection on death) or (5)(a) (13 week protection) apply,—

(a) the amount of a person's eligible rent shall be the maximum rent (LHA); and

(b) it shall apply until the earlier of—

(3) Subject to paragraph (7), where the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a), (b) (new claim on or after 7th April 2008) or (d)(i) or (ii) (change of category of dwelling or death relating to an LHA case) 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—

(a) either—

(b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent determined in accordance with sub-paragraph (a).

(4) For the purpose of paragraph (3), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.

(5) Subject to paragraphs (6) and (7), where a relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a) or (b) (new claim on or after 7th April 2008) and the relevant authority 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—

(a) an eligible rent determined in accordance with regulation 12B(2); or

(b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent referred to in sub-paragraph (a).

(6) 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.

(7) Where a person's eligible rent has been determined in accordance with—

(a) paragraph (3)(a) (protection on death), it shall apply until the first of the following events occurs—

(b) paragraph (5)(a) (13 week protection), it shall apply until the first of the following events occurs—

(8) Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) (expiry of protection on death) or (7)(b)(i) (expiry of 13 week protection), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).".

Substitution of regulations 13, 13ZA and 13ZB for regulation 13 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
6. For regulation 13[19] (maximum rent) substitute—

Maximum rent

13.

—(1) The maximum rent shall be determined in accordance with paragraphs (2) to (6) where—

    (2) In a case where the rent officer has determined a claim-related rent, but is not required to notify the relevant authority of a local reference rent, the maximum rent shall be that claim-related rent.

    (3) Subject to the limit specified in paragraph (4), in a case where the rent officer has determined both a local reference rent of which he is required to notify the relevant authority and a claim-related rent, the maximum rent shall be the local reference rent.

    (4) In a case to which paragraph 8 of Schedule 3 to the Consequential Provisions Regulations applies, where the rent officer has determined and is required to notify the relevant authority of a local reference rent the maximum rent shall not exceed twice that local reference rent.

    (5) Where the maximum rent is derived from—

in determining the maximum rent the relevant authority shall deduct an amount determined in accordance with paragraph 2 of Schedule 1 to these Regulations in respect of meals.

(6) This regulation is subject to regulations 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent).

(7) In this regulation—

"claim-related rent" means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers Order;

"local reference rent" means the rent determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order.

Protection on death and 13 week protection
13ZA. —(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.

    (2) For the purposes of paragraph (1), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.

    (3) Subject to paragraph (4), where the relevant authority 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.

Change in reckonable rent
     13ZB. —(1) In a case where—

(a) the authority has determined a maximum rent under regulation 13 or 13ZA; and

(b) during the period for which that maximum rent applies the reckonable rent in respect of the dwelling by reference to which that maximum rent was determined is reduced to a sum which is less than that maximum rent,

the maximum rent shall be reduced to an amount equal to the reduced reckonable rent.

(2) This paragraph applies in a case where—

(a) a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by an authority under regulation 14(1)(e) (pre-tenancy determination);

(b) subsequent to that determination the reckonable rent for that dwelling is changed; and

(c) a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

(3) In a case to which paragraph (2) applies, where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if the reckonable rent had not changed, the maximum rent shall be the reckonable rent as so reduced.

(4) In any other case to which paragraph (2) applies, the authority shall treat the reckonable rent to be that applicable to the determination by the rent officer referred to in paragraph (2)(a).".

Insertion of regulations 13C, 13D and 13E into the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
7. After regulation 13ZB (change in reckonable rent)[21], as substituted by regulation 6, insert—

When a maximum rent (LHA) is to be determined

13C.

—(1) A relevant authority shall determine a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)) in any case where paragraphs (2) or (3) apply.

(2) This paragraph applies where a relevant authority has received—

    (3) This paragraph applies on the anniversary of the LHA date.

    (4) Where the LHA date is 29^t^h February, the anniversary of the LHA date shall be 28^t^h February.

    (5) This regulation does not apply in a case where—

(e) rent under the tenancy is attributable to board and attendance, and—

(6) In this regulation—

"the LHA date" means the date by reference to which the local housing allowance used to determine the maximum rent (LHA) was identified;

"registered social landlord" has the same meaning as in Part 1 of the Housing Act 1996[

Determination of a maximum rent (LHA)
13D. —(1) Subject to paragraph (3) to (11), the maximum rent (LHA) shall be the local housing allowance determined by the rent officer by virtue of article 4B(2A) or (4)[24] of the Rent Officers Order which is applicable to—

(2) The category of dwelling which applies is—

(b) the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self contained accommodation) where that applies in the claimant's case at the relevant date in accordance with the size criteria and—

and 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; or

(c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraph (3).

(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)—

(4) The relevant authority shall determine —

(5) Where the applicable local housing allowance exceeds the cap rent, for the purpose of determining the appropriate maximum housing benefit, the amount of the claimant's liability shall be the amount of the applicable local housing allowance.

(6) Where paragraph (5) applies, the maximum rent (LHA) shall be the lower of—

(7) Where no local housing allowance applicable to a claim or award of housing benefit falling within paragraph (2)(c) has been determined, the relevant authority shall—

(8) Subject to paragraph (9), where—

(b) no local housing allowance determination is in effect for a broad rental market area falling within, in whole or in part, the area of the relevant authority for the category of dwelling containing the number of bedrooms specified in the request,

the relevant authority shall apply to the rent officer for local housing allowance determinations for each broad rental market area falling within its area, in whole or in part, for the category of dwelling containing the number of bedrooms specified in the request, and in this sub-paragraph "bedroom" means has the meaning specified in paragraph 1(2) of Schedule 3B to the Rent Officers Order.

(9) The request must—

(10) The relevant authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order where—

(11) Where an application to a rent officer is required in accordance with paragraph (10) it shall be made within the same period following the day on which the relevant authority becomes obliged to determine a maximum rent (LHA) by virtue of regulation 13C as would be required if the application were to be made under regulation 14(1).

(12) In this regulation—

"cap rent" means the aggregate of such payments specified in regulation 12(1) (rent) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8 (circumstances in which a person is treated as liable to make payments in respect of a dwelling) subject to regulation 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent);

"care leaver" means a person who has not attained the age of 22 and—

(b) was formerly provided with accommodation under section 20 of the Children Act 1989;

(c) has ceased to be subject to a supervision requirement by a children's hearing under section 70 of the Children (Scotland) Act 1995[26] ("the 1995 Act") made in respect of him which had continued after he attained the age of 16 years, other than a case where—

(d) has ceased to be a child in relation to whom the parental rights and responsibilities were transferred to a local authority under a parental responsibilities order made in accordance with section 86 of the 1995 Act or treated as so vested in accordance with paragraph 3 of Schedule 3 to that Act, either—

(e) has ceased to be provided with accommodation by a local authority under section 25 of the 1995 Act where he has previously been provided with accommodation by the authority under that provision either—

"occupiers" means 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;

"relevant date" means, as the case may require—

"tenancy" includes

and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly.

Publication of local housing allowances
13E. —(1) A relevant authority shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas falling in whole or in part within its area, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the authority.".

Substitution of regulation 14 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
8. For regulation 14 (requirement to refer to rent officers)[27], substitute—

Requirement to refer to rent officers

14.

—(1) Subject to the following provisions of this regulation, a relevant authority shall apply to a rent officer for a determination to be made in pursuance of the Housing Act functions where—

(g) 52 weeks have expired since an application was made under sub-paragraph (f) or a previous application was made under this sub-paragraph, whichever last occurred, and—

(2) An application shall not be required under paragraph (1) where a claim, relevant information regarding a claim, notification or request relates to either—

(b) an "excluded tenancy" within the meaning of Schedule 2 (excluded tenancies).

(3) The provision of information to the rent officer in accordance with regulation 95A(5) shall be treated as an application to the rent officer under paragraph (1).

(4) Where a relevant authority receives a request pursuant to paragraph (1)(e) (request from prospective occupier) and it is a case where, by reason of paragraph (2) (hostels or excluded tenancies), an application to a rent officer is not required, the authority shall—

(5) Where an application to a rent officer is required by paragraph (1) it shall be made within 3 days, or as soon as practicable after that date, of—

except that, in the case of a request to which paragraph (1)(e) (request from prospective occupier) applies, the application shall be made within 2 days of the receipt of that request by the authority.

    (6) In calculating any period of days mentioned in paragraphs (4) or (5), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.

    (7) For the purpose of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each dwelling provides sleeping accommodation for the same number of persons.

    (8) In this regulation—

"change relating to a rent allowance" means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 2 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 only where his current agreement commenced 11 months or more before the request under paragraph (1)(e);

"specified matters" means—

"tenancy" includes—

and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;

"the Corporation" has the same meaning as in section 56 of the Housing Act 1996."

Substitution of regulations 15 to 18 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
9. For regulations 15 (applications to the rent officer for redetermination) to 18 (application of provisions to substitute determinations or substitute redeterminations) substitute—

" Application to the rent officer for redeterminations

15.

—(1) Subject to paragraph (2) and regulation 16 (application for redetermination by rent officer), where a relevant authority has obtained from a rent officer either or both of the following—

the authority may apply to the rent officer for a redetermination of any determination or redetermination he has made which has effect at the date of the application.

(2) No application shall be made for a further redetermination of a redetermination made in response to an application under paragraph (1).

Application for a redetermination by a rent officer
16. —(1) This paragraph applies where—

(a) a person affected makes written representations which are signed by him, to a relevant authority concerning a decision which it makes in relation to him;

(b) those representations relate, in whole or in part, to a rent officer's determination or redetermination in exercise of the Housing Act functions except for functions relating to broad rental market area determinations and local housing allowance determinations or amended determinations; and

(c) those representations are made no later than one month after the day on which the person affected was notified of the decision by the relevant authority.

    (2) Subject to paragraphs (3) and (4), where paragraph (1) applies, the relevant authority shall, within 7 days of receiving the representations, apply to the rent officer for a redetermination or, as the case may be, a further redetermination in exercise of the Housing Act functions and a copy of those representations shall accompany the local authority's application.

    (3) Except where paragraph (4) applies, a relevant authority, in relation to any determination by a rent officer of an application under regulation 13D(10) (board and attendance determination) or 14(1) (requirement to refer to rent officers), shall not apply for a redetermination under paragraph (2) more than once in respect of an individual claimant's dwelling to which that determination relates.

    (4) Paragraph (2) shall operate so as to require a relevant authority to make a second application where the following conditions are met in addition to those imposed by that paragraph—

(a) the written representations made under paragraph (1) relate to a redetermination by a rent officer made in response to an application by the relevant authority under regulation 15 (application to the rent officer for redetermination);

(b) by the time of that application, the rent officer has already provided a redetermination under this regulation of a determination made in response to an application under regulation 13D(10) or 14(1); and

(c) both the application under this regulation referred to in sub-paragraph (b) and the second application for which this paragraph provides relate to the same claimant.

(5) Where a decision has been revised in consequence of a redetermination, substitute determination or substitute redetermination by a rent officer in exercise of the Housing Act functions (except for those relating to broad rental market area determinations and local housing allowance determinations or amended determinations) and that redetermination, substitute determination or substitute redetermination has led to—

(a) a reduction in the maximum rent, the redetermination, substitute determination or substitute redetermination shall be a change of circumstances;

(b) an increase in the maximum rent, the redetermination, substitute determination or substitute redetermination shall have effect in place of the original determination.

Substitute determinations or substitute redeterminations
17. —(1) In a case where either—

(a) the appropriate authority discovers that an application it has made to the rent officer contained an error in respect of any of the following—

(b) the rent officer has, in accordance with article 7A(1) or (2)[28] of the Rent Officers Order, notified an appropriate authority of an error he has made (other than in the application of his professional judgement),

the authority shall apply to the rent officer for a substitute determination, substitute redetermination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination, as the case may be.

(2) In its application to the rent officer the relevant authority shall state the nature of the error and withdraw any previous application relating to the same case for a redetermination or substitute determination or substitute redetermination, which it has made but to which the rent officer has not yet responded.

Application of provisions to substitute determinations or substitute redeterminations
18. Regulations 15, 16 and 17 apply to a substitute determination or substitute redetermination as they apply to the determination or redetermination it replaces.".

Insertion of regulation 18A into the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
10. After regulation 18 (application of provisions to substitute determinations or substitute redeterminations) insert—

" Amended determinations

18A.

—(1) This regulation applies where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination by a rent officer.

(2) Where that amended determination has led to a reduction in the maximum rent (LHA) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant.

(3) Where that amended determination has led to an increase in the maximum rent (LHA) applicable to a claimant, the amended determination shall have effect in place of the original determination.".

Amendment of regulation 48 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
11. In regulation 48(4)(a) (diminishing notional capital rule) for "regulation 61(4)(a)" substitute "regulation 61(3)(a)".

Substitution of regulation 50 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
12. For regulation 50 (maximum housing benefit) substitute—

" 50. The amount of a person's appropriate maximum housing benefit in any week shall be 100 per cent. of his eligible rent calculated on a weekly basis in accordance with regulations 61 and 62 (calculation of weekly amounts and rent free periods) less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions)."

Amendment of regulation 53 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
13. In regulation 53(4) (extended payments (severe disablement allowance and incapacity benefit)) for "regulation 61(8)" substitute "regulation 61(7)".

Substitution of regulation 55 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
14. For regulation 55[29] (non-dependant deductions) substitute—

55.

(2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—

    (3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

    (4) In applying the provisions of paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple's or, as the case may be, all members of the polygamous marriage's joint weekly gross income.

    (5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the payments in respect of the dwelling payable by each of them.

    (6) No deduction shall be made in respect of any non-dependants occupying a claimant's dwelling if the claimant or his partner is—

(7) No deduction shall be made in respect of a non-dependant if—

    (8) No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support or an income-based jobseeker's allowance.

    (9) No deduction shall be made in respect of a non-dependant who is on state pension credit.

    (10) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—

Amendment of regulations 59 and 60 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
     15. —(1) In regulation 59(1) and (3)[34] (date on which change of circumstances is to take effect) for "regulation 61(6)" substitute "regulation 61(5)".

    (2) In regulation 60(9)[35] (change of circumstances where state pension credit payable) for "regulation 61(6)" substitute "regulation 61(5)".

Substitution of regulations 61 and 62 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
     16. For regulations 61[36] (calculation of weekly amounts) and 62 (rent free periods) substitute—

Calculation of weekly amounts

61.

—(1) A person's entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.

(2) The weekly amount of a claimant's eligible rent shall be—

(3) In a case—

other than on the Monday of a benefit week, then the claimant's eligible rent for that benefit week shall be calculated by multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.

    (4) In the case of a claimant whose weekly eligible rent falls to be calculated in accordance with paragraph (3)(a) or (b) by reference to the daily rent in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent by reference to the amounts determined in his case in accordance with Parts 5 to 7 (applicable amounts, income and capital, and amount of benefit).

    (5) Where a change in the amount of a claimant's applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent to which paragraph (3)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent.

    (6) Any amount determined under these Regulations may, if it is appropriate, be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.

    (7) In any case where a claimant has received—

    (8) In this regulation "daily rent" shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) is appropriate in each case.

    (9) Where a claimant is entitled to benefit in respect of two (but not more than two) dwellings in accordance with regulation 7(6) his eligible rent shall be calculated in respect of each dwelling in accordance with this regulation.

Rent free periods
     62. —(1) This regulation applies to a claimant for any period (referred to in this regulation as a rent free period) in, or in respect of, which he is not liable to pay rent except for any period to which regulation 8(1)(d) (waiver of rent by landlord in return for work done) applies.

    (2) In the case of the beginning or ending of a claimant's rent-free period, his eligible rent for the benefit week in which the rent free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 61(3) applies.

    (3) For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case—

(a) in a case to which regulation 61(2)(a) applies, the amounts determined in his case in accordance with Parts 5 to 7 (applicable amounts, income and capital, and amount of benefit) shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

(b) subject to paragraph (4), in a case to which regulation 61(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts 5 to 7 shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

(4) In a case to which paragraph (3)(b) applies, where either regulation 61(4) or (5) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant's eligible rent.".

Amendment of regulations 76 and 77 of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
17. —(1) In regulation 76 (circumstances in which payment is to be made to a landlord) after paragraph (2) insert—

" (2A) In a case where—

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 77 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.".

(2) In regulation 77 (circumstances in which payment may be made to a landlord)—

(a) in paragraph (1) for "paragraph (3)" substitute "paragraphs (3) and (3A)";

(b) in paragraph (3) after "paragraph (1)" insert ", (3A) or (3B)";

(c) after paragraph (3) insert—

" (3A) In a case where a relevant authority has determined a maximum rent in accordance with regulation 13D—

(3B) Where the relevant authority suspects that the grounds in paragraph (3A)(b)(i) or (ii) apply and is considering whether to make payments on one of those grounds, it may make a payment of a rent allowance to the person's landlord for a period not exceeding 8 weeks.".

Substitution of Schedule 2 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
18. For Schedule 2[37] (excluded tenancies) substitute—

" SCHEDULE 2

Regulation 14

Excluded tenancies

An excluded tenancy is any tenancy to which any of the following paragraphs applies.

—(1) Subject to sub-paragraphs (2) and (3), where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—

(2) For the purposes of any claim, notification, request or application under regulation 14(1) ("the later application"), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer's determination made in consequence of an earlier claim, notification, request or application ("the earlier application") where—

(3) Sub-paragraph (1) shall not apply where subsequent to the making of the determination mentioned in that sub-paragraph—

3. —(1) This paragraph applies where the landlord is a registered housing association, except in a case where the local authority considers that—

(a) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b) the rent payable for that dwelling is unreasonably high.

(2) Where the circumstances set out in head (a) or (b) of sub-paragraph (1) above exist, the authority shall so state in their application for a determination.

4. This paragraph applies to a tenancy entered into before—

(a) in Scotland, 2nd January 1989; and

(b) in any other case, 15th January 1989.

5. This paragraph applies to a regulated tenancy within the meaning of—

(a) in Scotland, the Rent (Scotland) Act 1984[

6. This paragraph applies to a housing association tenancy which—

(a) in Scotland, is a tenancy to which Part 6 of the Rent (Scotland) Act 1984 applies; and

(b) in any other case, is a housing association tenancy to which Part 6 of the Rent Act 1977 applies.

     7. This paragraph applies to a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976[40].

     8. This paragraph applies to a tenancy at a low rent within the meaning of Part 1 of the Landlord and Tenant Act 1954[41] or Schedule 10 to the Local Government and Housing Act 1989[42].

     9. This paragraph applies to a tenancy of any dwelling which is a bail hostel or probation hostel approved by the Secretary of State under section 9(1) of the Criminal Justice and Court Services Act 2000[43].

     10. This paragraph applies to a tenancy of a housing action trust established under Part 3 of the Housing Act 1988[44].

     11. —(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—

(a) in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985[

(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—

    (3) Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.

     12. This paragraph applies to a shared ownership tenancy.

     13. In this Schedule, "rent" shall be construed in accordance with paragraph (8) of regulation 14 (interpretation of "tenancy" and other expressions appropriate to a tenancy) and, subject to that paragraph, has the same meaning—

(a) in Scotland, as in section 25 of the Housing (Scotland) Act 1988, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;

(b) in any other case, as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,

and—

(i) other expressions have the same meanings as in regulation 14(8);

(ii) in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a "tenancy" shall be taken as a reference to a prospective tenancy and any reference to an "occupier" or any person "occupying" a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.".

Amendment of Schedule 7 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
19. In paragraph 2(3) of Schedule 7 (extended payments (severe disablement allowance and incapacity benefit) of housing benefit) for "regulation 61(4)(c)" substitute "regulation 61(3)(c)".

Substitution of Part 14 of and Schedule 9 to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
20. For Part 14 substitute—

" PART 14
Former pathfinder authorities
Modifications in respect of former pathfinder authorities

103.

—(1) In this regulation and in Schedule 9, "former pathfinder authority" means a relevant authority specified in Part 1 of that Schedule.

(2) The provisions of Part 2 of Schedule 9 apply in relation to the area of a former pathfinder authority.".

(1) For Schedule 9 (pathfinder authorities) substitute—

" SCHEDULE 9

Regulation 103

Former pathfinder authorities

PART 1
Former pathfinder authorities

East Riding of Yorkshire

North East Lincolnshire

PART 2
Application of the Regulations

These Regulations shall apply to former pathfinder authorities subject to the provisions of this Part of this Schedule.

Amendment of regulation 2

In regulation 2(1) (interpretation)—

" "maximum rent (standard local rent)" means a maximum rent (standard local rate) determined in accordance with regulation 13A;".

Amendment of regulation 11
3. In regulation 11(1)[52] (eligible housing costs)—

Amendment of regulation 12B
4. In regulation 12B(1)[53] (eligible rent) for "or 12D (eligible rent and maximum rent (LHA))" substitute ", 12D (eligible rent and maximum rent (LHA)) or any of regulations 12E to 12K (transitional protection for pathfinder cases)".

Amendment of regulation 12D
5. In regulation 12D[54] (eligible rent and maximum rent (LHA)) before paragraph (1) insert—

Insertion of regulations 12E to 12K
6. After regulation 12D (eligible rent and maximum rent (LHA)) insert—

" Basic transitional protection for pathfinder cases

12E.

—(1) This regulation applies where—

(a) reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008;

(b) on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a)[

(2) Where this regulation applies, the claimant's eligible rent is—

(3) Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs—

(a) immediately before 7th April 2008 the claimant enjoyed protection on death in accordance with regulation 12A(4)(a)(ii) (pathfinder protection on death based on reckonable rent); and

(b) on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a).

(2) Where this regulation applies, the claimant's eligible rent is—

(a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or

(b) the amount of the eligible rent which applied immediately before 7th April 2008.

(a) the end of 12 months after the death to which the protection relates;

(b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;

(c) the relevant authority is required to determine an eligible rent following a change of dwelling;

(d) the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person;

    (4) Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection.

    (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).

Cases where the claimant enjoyed 13 week protection before 7th April 2008
     12G. —(1) This regulation applies where—

(a) immediately before 7th April 2008 the claimant enjoyed 13 week protection in accordance with regulation 12A(6)(a) (local housing allowance pathfinder 13 week protection); and

(b) on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a).

(2) Where this regulation applies, the claimant's eligible rent is—

(a) the end of the day when the protection expires, namely 13 weeks after the date of the claim;

(b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;

(c) the relevant authority is required to determine an eligible rent following a change of dwelling;

(d) the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person.

    (4) Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection.

    (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).

Cases where a death occurs in the first year on or after 7th April 2008
     12H. —(1) This regulation applies where—

(a) the eligible rent is that specified in regulation 12E(2)(b) (basic transitional protection for pathfinder cases), 12F(2)(b) (transitional protection where the claimant enjoyed protection on death before 7th April 2008), 12G(2)(b) (transitional protection where the claimant enjoyed 13 week protection before 7th April 2008) or paragraph (2)(b) of this regulation;

(b) a linked person dies on or after 7th April 2008 and before 7th April 2009;

(c) the claimant occupies the same dwelling as the linked person at the date of death; and

(d) the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person).

(2) Where this regulation applies, the claimant's eligible rent is—

(a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or

(b) the amount of the eligible rent which applied immediately before the date of the death.

(3) Where the eligible rent is the amount of the eligible rent which applied immediately before the date of death, it will continue to apply until, on or after the date of the death, the first of the following events occurs —

(a) the end of 12 months from the date of the death;

(b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;

(c) the relevant authority is required to determine an eligible rent following a change of dwelling;

(d) the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person.

    (4) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).

    (5) For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.

Basic transitional protection in the second year and subsequent years after 7th April 2008
     12I. —(1) This regulation applies where—

(a) immediately before 7th April 2009 the claimant was enjoying basic transitional protection under regulation 12E; and

(b) the local authority determines a maximum rent (LHA) by virtue of 13C(4A)(b) on 7th April 2009.

(2) Where this regulation applies, the claimant's eligible rent is—

(a) the maximum rent (LHA) where it is higher than the eligible rent applying immediately before 7th April 2008; or

(b) in any other case, the lower of—

(3) Where the claimant's eligible rent is determined in accordance with paragraph (2)(b), it continues to apply until, on or after 7th April 2009, the first of the following events occurs—

(a) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling or 13C(3) (anniversary of the LHA date) and the maximum rent (LHA) is higher than that eligible rent;

(b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;

(c) the relevant authority is required to determine an eligible rent following a change of dwelling;

(d) the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person.

(a) immediately before 7th April 2009 the claimant was enjoying transitional protection on death under regulation 12H (cases where a death occurs in the first year on or after 7th April 2008); and

(b) the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(b) on 7th April 2009 .

(2) Where this regulation applies, the claimant's eligible rent is—

(a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death to which the protection relates; or

(b) the amount of the eligible rent which applied immediately before the date of the death.

(3) Where the eligible rent which applies is the one that applied immediately before the date of the death, it continues to apply until, on or after the date of the death, the first of the following events occurs—

(a) the end of 12 months after the date of the death to which the protection relates;

(b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;

(c) the relevant authority is required to determine an eligible rent following a change of dwelling;

(d) the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person.

    (4) Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied if the relevant authority not determined an eligible rent in accordance with regulation 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008 ).

    (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).

Protection on death in the second and subsequent years after 7th April 2008
     12K. —(1) This regulation applies where—

(a) the claimant's eligible rent is that specified in regulation 12I(2)(b) (basic transitional protection in the second and subsequent years after 7th April 2008), 12J(2)(b) (transitional protection in the second year after 7th April 2008 where the claimant is already enjoying protection on death) or paragraph (2)(b) of this regulation; and

(b) a linked person dies on or after 7th April 2009;

(c) the claimant occupies the same dwelling as the linked person at the date of death; and

(d) the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person).

(2) Where this regulation applies, the claimant's eligible rent is—

(a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or

(b) the amount of eligible rent which applied immediately before the death.

(3) Where the eligible rent which applies is the one that applied immediately before the date of the death, it will continue to apply until, on or after the date of the death, the first of the following events occurs—

(a) the end of 12 months from the date of the death;

(b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (3) (change of category of dwelling or anniversary of the LHA date) and it is higher than that eligible rent;

(c) the relevant authority is required to determine an eligible rent following a change of dwelling;

(d) the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person.

    (4) Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied but had the relevant authority not determined an eligible rent in accordance with this regulation.

    (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).

    (6) For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.".

Amendment of regulation 13C
7. In regulation 13C[56] (when a maximum rent (LHA) is to be determined)—

Amendment of regulation 13D
8. In regulation 13D(12)[57] (determination of a maximum rent (LHA)) in the definition of "relevant date" after sub-paragraph (c) insert—

Signed by authority of the Secretary of State for Work and Pensions

James Plaskitt
Parliamentary Under Secretary of State, Department for Work and Pensions

2nd October 2007

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

These Regulations, together with the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), the Housing Benefit (Local Housing Allowance, Miscellaneous and Consequential) Amendments Regulations 2007 and the Rent Officers (Housing Benefit Functions) Amendment Order 2007, provide for the national rollout of a modified version of the local housing allowance arrangements using new powers in the Social Security Contributions and Benefits Act 1992 following commencement of section 30 of the Welfare Reform Act 2007. These powers are also used to remake some regulations (with amendments in some cases) as the existing regulations will cease to have effect (subject to savings) when the current powers are repealed. These Regulations also make provision in relation to the provision of information to rent officers.

The local housing allowance arrangements are a way of determining housing costs eligible to be met by housing benefit for certain cases ("local housing allowance cases") using local housing allowances determined by rent officers. The local housing allowance arrangements have applied to the areas of 18 local authorities ("former pathfinder authorities").

Regulation 3 omits paragraphs (2), (3) and (9) of regulation 14, and regulation 95 which relates to the provision of information to rent officers. It inserts a new regulation 95A which requires local authorities to provide information to rent officers to enable them to carry out their functions in relation to housing benefit. This includes the provisions formerly contained in regulation 14(2), (3) and (9). It also inserts a new paragraph (4A) in regulation 14 which provides that the provision of certain information to the rent officers under regulation 95A shall be treated as an application to a rent officer under regulation 14(1). These amendments come into force on 7th April 2008.

Regulations 4 to 19 make amendments which will come into force on 7th April 2008 immediately following the information sharing amendments in regulation 3, except for those cases to which regulation 1(5) applies. These cases are non-local housing allowance cases and will continue to be dealt with under the regulations as in force immediately before 7th April 2008, subject to the information sharing amendments in regulation 3, until one of the triggers for determining the amount of rent eligible to be met by housing benefit referred to in regulation 1(6) applies, or it is 6th April 2009.

Regulation 4 makes minor and consequential amendments to regulations 2 and 3. It also remakes regulation 11(1) with minor and consequential amendments. It omits paragraphs (3) to (7) of regulation 12 and makes a minor consequential amendment to paragraph (8).

Regulation 5 remakes paragraphs (3) to (7) of regulation 12 with minor and consequential amendments as regulations 12B and 12C. It inserts regulation 12B which makes provision for eligible rent for cases where it is based on the claimant's actual rent and regulation 12C which makes provision for eligible rent where a maximum rent is calculated in accordance with regulation 13. Regulation 4 also inserts regulation 12D which makes provision for eligible rent where a maximum rent (LHA) is calculated in accordance with regulation 13D.

Regulation 6 remakes regulation 13, with minor amendments, as substituted regulations 13, 13ZA and 13ZB.

Regulation 7 inserts regulation 13C, which provides when a maximum rent (LHA) is to be determined and regulation 13D, which makes provision about the way in which a maximum rent (LHA) is to be determined. It also remakes regulation 13B, which applied to former pathfinder authorities and provided for the publication of local housing allowances, as inserted regulation 13E, which applies to all local authorities.

Regulation 8 remakes regulation 14, as amended by regulation 2, as substituted regulation 14.

Regulation 9 substitutes regulations 15 to 18, with minor and consequential amendments and ensures that the provisions which applied to former pathfinder authorities will now apply to all local authorities.

Regulation 10 inserts regulation 18A which applied to former pathfinder authorities and which will now apply to all local authorities.

Regu