The Income-related Benefits (Subsidy to Authorities) Order 1998

Treatment of high rents in rent allowance cases

16.—(1) Except in a case to which article 14 (backdated benefit) applies, and subject to paragraphs (2), (3) and (4) and to article 23 (transitional provisions in relation to rent officer determinations), this article applies in a rent allowance case and, where this article applies, the appropriate amount, for the purposes of article 13(1)(b)(ii), shall be calculated in accordance with Part II of Schedule 4.

(2) This article shall not apply where a dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 3, 10, 11 or 11A of Schedule 1A(1) (excluded tenancies) to the Housing Benefit Regulations.

(3) Where the dwelling is an excluded tenancy by virtue of paragraph 1 and any of paragraphs 5 to 9 of Schedule 1A to the Housing Benefit Regulations (“a regulated tenancy”), this article shall not apply if—

(a)a rent is registered in respect of that dwelling under Part IV, V or VI of the Rent Act 1977(2) or Part V, VI or VII of the Rent (Scotland) Act 1984(3); or

(b)an application has been made for such registration as is mentioned in sub-paragraph (a), but no such registration has been made because the rent officer or rent assessment committee (which in this article has the same meaning as in those Acts), as the case may be, are satisfied that the rent is at or below the fair rent level,

but in the case of a regulated tenancy to which neither sub-paragraph (a) nor (b) applies, the appropriate amount in respect of that allowance shall be calculated in accordance with Part I of Schedule 4.

(4) This article shall not apply in a case where a maximum rent has been determined, except where—

(a)it was determined by reference to a reckonable rent and a local reference rent, when the appropriate amount shall be calculated in accordance with paragraph 14 of Schedule 4; or

(b)prior to its determination, a payment was made pursuant to regulation 91 (payment on account) of the Housing Benefit Regulations(4), when the appropriate amount, in respect of that payment, shall be calculated in accordance with paragraph 11 of Schedule 4; or

(c)regulation 11(9) of the Housing Benefit Regulations (no maximum rent for first 13 weeks) applies, when the appropriate amount shall be calculated in respect of the first 13 weeks in accordance with paragraph 15 of Schedule 4.

(5) Expressions used in this article and in Schedule 4 have the same meanings in this article as they have in that Schedule.