Terms & Conditions

[sharonwarner]

A discussion has started in our office about the 13 week protection from an ROD given to a claimant when they could afford the rent when the moved into the property.

I can’t find the actual reg which states the rules but my understanding was that a tenant had to be able to afford the rent.

The discussion we are having in the office is about the word afford. We have a case where a claimant has put in a claim and provided letters from debt management agencies showing she has a large debt which can partially be attributed to her borrowing money to pay the rent.

I would consider that she would not be eligibe for 13 week protection as she could not actually afford the rent when she moved in. However, there is also the point of view that if the rent has been paid, then that is the condition met and she is eligible for 13 weeks protection.

Could anyone shed some light on this or point me to the legislation?

Any help anyone could give would be most welcome!

[Mark]

It’s HB Reg 13(14) that you’re after:

“where the relevant authority is satisfied that the person….was able to meet their financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the…award.”

[Mark]

But you’ll notice too that this rule doesn’t apply if the claimant “was previously entitled to benefit in respect of an an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of his current award of HB” [HB Reg 13(15)]

[Author]

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