My client has lived in the same property since 1993, with the same landlord and has always been in receipt of Housing Benefit. The landlord put the rent up by £75 a week in August 2004. This was referred to the Rent Officer for determination under the local reference rent rules, and he decided that the rent should be less than the previous amount. The client applied for and was granted a discretionary housing payment. That stopped this year. The client re-applied for DHP and the rent was once again referred to Rent Officer, who came up with the same figure.
The client appears to be an 'exempt' claimant for the purposed of the local reference rent rules under Reg 10 Housing Benefit (General)Amendment Regulations 1995 (LAG book). As the matter has been sent to the Rent Officer again, can I now challenge the decision to refer.

The following response is a "broad brushstroke" approach.

By "exempt", I'm assuming you mean that your client has been continuously entitled to and in receipt of HB since at least 1st Jan 1996.

On that basis, the LA should be considering restrictions with reference to "old" regs 10, 11, 12. I suspect it's HBR 11 at issue ("Restrictions on unreasonable payments").

If so, the LA is still correct to refer. However, the rent can only be restricted if the rent is "unreasonably high" by comparison with either the rent officer's figure, or the cost of suitable alternative accommodation.

Subject to the exception explained in the next para, if the rent is "unreasonably high", the LA SHALL then restrict by an amount as it considers appropriate having regard to the cost of suitable alternative accommodation elsewhere.

The exception: if the clmt is in a "vulnerable group" (mainly: over 60, incapable of work, child in same household), then the suitable accom must also be AVAILABLE to the clmt. If the accom is not available, then no restriction can be applied under "old HBR 11".

There is a veritable shedload of caselaw on "old HBR 11" - see Findlay. There are also one or two CDs which may be of interest.

Hope the above helps.

Regards