It’s odd that reg 13ZA(4) wasn’t updated to include UC housing element. However, the reg is clear that to escape a maximum rent being set they need to have been able to meet the financial commitment (not just rent, but bills too) at the outset of the tenancy. Getting UC HE means they could not. I think para (4) is just an extra catch in case, for example, they could afford it at the time they moved in but then things changed and they claimed help within the last 52wks.
