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Top Housing Benefit & Council Tax Benefit topic #3570

Subject: "rent restrictions" First topic | Last topic
chrisduran
                              

Into-work facilitator, London Borough of Newham, Social Regeneration Unit
Member since
10th Mar 2004

rent restrictions
Tue 09-Jan-07 08:54 AM

Help please

I have been approached by another adviser who has shown me some previous advice he obtained which states that "Asylum Seekers who obtain Indefinite Leave to Remain will be subjected to the rules for rent restrictions as they stood at 1 Jan 1996".

Not only have I never heard of this I can't find it anywhere, can anyone tell me where this is laid down please?

  

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Replies to this topic
RE: rent restrictions, penny newell, 14th Jul 2006, #1
RE: rent restrictions, Kevin D, 14th Jul 2006, #2
RE: rent restrictions, chrisduran, 17th Jul 2006, #3

penny newell
                              

Freelance welfare rights consultant and trainer, Training Benefits, London
Member since
02nd Feb 2004

RE: rent restrictions
Fri 14-Jul-06 02:55 PM

Are they talking about "old regulation 11?

  

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Kevin D
                              

Freelance HB & CTB Consultant/Trainer, Hertfordshire
Member since
20th Jan 2004

RE: rent restrictions
Fri 14-Jul-06 03:29 PM

Opening proviso - this post is offered in good faith. To my knowledge, the provision has not been repealed (NB:refs to regs etc are pre-consolidation (i.e. as the regs stood at 5 March 2006)).

The relevant provision is Reg 10(5A) of The Housing Benefit (General) Amendment Regulations 1995 . This states:

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The eligible rent of a person to whom regulation 7B of and Schedule A1 of the principle Regulations (entitlement to housing benefit by refugees) apply, shall be determined in accordance with regulations 10 and 11 of the principle Regulations as in force on 1st January 2006.

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This is not to be confused in any way with the provisions for "exempt accommodation" / supported housing cases.

Also, this provision does not mean rents cannot be restricted. However, it does mean that rent must be considered under "old" Reg 10 and any potential restriction must be considered under "old" Reg 11.

Regards

  

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chrisduran
                              

Into-work facilitator, London Borough of Newham, Social Regeneration Unit
Member since
10th Mar 2004

RE: rent restrictions
Mon 17-Jul-06 08:30 AM

Thank you very much for this, I did actually manage to find this but am still a bit confused about why it applies to people who have Indefinate Leave

  

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Top Housing Benefit & Council Tax Benefit topic #3570First topic | Last topic