Reply To: Reg 13D(5)


Regulation 13D(5) caused me a bit of a headache too, and I would have been happier if Peter Barker had drafted that part of the legislation! (If not all of the legislation)

However, since he didn’t I have tended to take the view as expressed in this thread, [i:15ab7dccd7]but[/i:15ab7dccd7] Regulation 13D(6) (which in my opinion is one of the best constructed and most straight forward parts of the new regulations) is subject to paragraph 5.

So para 4 requires the determination of the cap rent and whether this exceeds the “applicable local housing allowance”. We assume that the applicable local housing allowance is that which applies to the correct category of dwelling upon the relevant date – the “Standard Local Rate” as the Pathfinders knew it.

Para 5 seems to mean that when the applicable LHA is greater than the cap rent then the liability will be treated as being the applicable LHA.

Para 6 then goes onto prescribe how the maximum rent (LHA) is determined when para 5 applies.

What happens when para 5 does not apply as the cap rent is greater than the applicable LHA?

(I know I should use the applicable LHA, but the construction of the regulation only appears – to me at least – to cover cases where para 5 applies)