The Housing Benefit Regulations (Northern Ireland) 2006

  1. Introductory Text

  2. PART I General

    1. 1.Citation and commencement

    2. 2.Interpretation

    3. 3.Definition of non-dependant

    4. 4.Cases in which section 1(1A) of the Administration Act is disapplied

    5. 5.Persons who have attained the qualifying age for state pension credit

    6. 6.Remunerative work

  3. PART II Provisions affecting entitlement to housing benefit

    1. 7.Circumstances in which a person is or is not to be treated as occupying a dwelling as his home

    2. 8.Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling

    3. 9.Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling

    4. 10.Persons from abroad

  4. PART III Payments in respect of a dwelling

    1. 11.Eligible housing costs

    2. 12.Rates

    3. 13.Rent

    4. 13A.Eligible rent

    5. 13B.Eligible rent and maximum rent

    6. 13C.Eligible rent and maximum rent (LHA)

    7. 14.Maximum rent

    8. 14A.Protection on death and 13 week protection

    9. 14B.Change in reckonable rent

    10. 14C.When a maximum rent (LHA) is to be determined

    11. 14D.Determination of a maximum rent (LHA)

    12. 14E.Publication of local housing allowances

    13. 14F.Amended determinations

    14. 15.Decisions

    15. 16.Pre-tenancy decisions

  5. PART IV Membership of a family

    1. 17.Persons of prescribed description

    2. 18.Circumstances in which a person is to be treated as responsible or not responsible for another

    3. 19.Circumstances in which a person is to be treated as being or not being a member of the household

  6. PART V Applicable amounts

    1. 20.Applicable amounts

    2. 21.Polygamous marriages

  7. PART VI Income and capital

    1. SECTION 1 General

      1. 22.Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 23.Circumstances in which income and capital of non-dependant is to be treated as claimant’s

    2. SECTION 2 Income

      1. 24.Calculation of income on a weekly basis

      2. 25.Treatment of child care charges

      3. 26.Average weekly earnings of employed earners

      4. 27.Average weekly earnings of self-employed earners

      5. 28.Average weekly income other than earnings

      6. 29.Calculation of average weekly income from tax credits

      7. 30.Calculation of weekly income

      8. 31.Disregard of changes in tax, contributions etc.

    3. SECTION 3 Employed earners

      1. 32.Earnings of employed earners

      2. 33.Calculation of net earnings of employed earners

    4. SECTION 4 Self-employed earners

      1. 34.Earnings of self-employed earners

      2. 35.Calculation of net profit of self-employed earners

      3. 36.Deduction of tax and contributions of self-employed earners

    5. SECTION 5 Other income

      1. 37.Calculation of income other than earnings

      2. 38.Capital treated as income

      3. 39.Notional income

    6. SECTION 6 Capital

      1. 40.Capital limit

      2. 41.Calculation of capital

      3. 42.Disregard of capital of child and young person

      4. 43.Income treated as capital

      5. 44.Calculation of capital in the United Kingdom

      6. 45.Calculation of capital outside the United Kingdom

      7. 46.Notional capital

      8. 47.Diminishing notional capital rule

      9. 48.Capital jointly held

      10. 49.Calculation of tariff income from capital

  8. PART VII Students

    1. SECTION 1 General

      1. 50.Interpretation

      2. 51.Treatment of students

    2. SECTION 2 Entitlement and payments in respect of a dwelling

      1. 52.Occupying a dwelling as a person’s home

      2. 53.Full-time students to be treated as not liable to make payments in respect of a dwelling

      3. 54.Student’s eligible housing costs

      4. 55.Student partners

    3. SECTION 3 Income

      1. 56.Calculation of grant income

      2. 57.Calculation of covenant income where a contribution is assessed

      3. 58.Covenant income where no grant income or no contribution is assessed

      4. 59.Relationship with amounts to be disregarded under Schedule 6

      5. 60.Other amounts to be disregarded

      6. 61.Treatment of student loans

      7. 62.Treatment of fee loans

      8. 63.Treatment of payments from access funds

      9. 64.Disregard of contribution and rent

      10. 65.Further disregard of student’s income

      11. 66.Amounts treated as capital

      12. 67.Disregard of changes occurring during summer vacation

  9. PART VIII Amount of benefit

    1. 68.Maximum housing benefit

    2. 69.Housing benefit tapers

    3. 70.Extended Payments

    4. 70A.Duration of extended payment period

    5. 70B.Amount of extended payment

    6. 70C.Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement

    7. 71.Extended payments (qualifying contributory benefits)

    8. 71A.Duration of extended payment period (qualifying contributory benefits)

    9. 71B.Amount of extended payment (qualifying contributory benefits)

    10. 71C.Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

    11. 72.Non-dependant deductions

    12. 73.Minimum housing benefit

  10. PART IX Calculation of weekly amounts and changes of circumstances

    1. 74.Date on which entitlement is to commence

    2. 75.Date on which housing benefit is to end

    3. 76.Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

    4. 77.Date on which change of circumstances is to take effect

    5. 78.Calculation of weekly amounts

    6. 79.Rent and rate-free periods

  11. PART X Claims

    1. 80.Who may claim

    2. 81.Time and manner in which claims are to be made

    3. 81A.Electronic claims for benefit

    4. 82.Evidence and information

    5. 83.Amendment and withdrawal of claim

    6. 84.Duty to notify changes of circumstances

    7. 84A.Notice of change of circumstances given electronically

  12. PART XI Decisions on questions

    1. 85.Decisions by a relevant authority

    2. 86.Notification of decisions

  13. PART XII Payments

    1. 87.Time and manner of payment

    2. 88.Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance

    3. 89.Frequency of payment of a rent allowance

    4. 90.Payment on account of a rent allowance

    5. 91.Payment to be made to a person entitled

    6. 92.Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel

    7. 93.Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel

    8. 94.Payment on death of the person entitled

    9. 95.Offsetting

  14. PART XIII Overpayments

    1. 96.Meaning of overpayment

    2. 97.Recoverable overpayments

    3. 98.Person from whom recovery may be sought

    4. 99.Method of recovery

    5. 100.Diminution of capital

    6. 101.Sums to be deducted in calculating recoverable overpayments

    7. 101A.Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling

    8. 102.Recovery of overpayments from prescribed benefits

    9. 103.Prescribed benefits

    10. 104.Restrictions on recovery of rent and consequent modifications

  15. PART XIV Information ...

    1. SECTION 1 Claims and information

      1. 104A.Interpretation

      2. 104B.Collection of information

      3. 104C.Verifying information

      4. 104D.Recording and holding information

      5. 104E.Forwarding of information

      6. 104F.Request for information

    2. SECTION 2 Information from landlords and agents

      1. 105.Interpretation

      2. 106.Requiring information

      3. 107.Circumstances for requiring information

      4. 108.Relevant information

      5. 109.Manner of supply of information

      6. 110.Criminal offence

  16. Signature

    1. SCHEDULE 1

      Ineligible service charges

      1. PART I Service charges other than for fuel

        1. 1.Ineligible service charges

        2. 2.Amount ineligible for meals

        3. 3.Amount of ineligible charges

        4. 4.Excessive service costs

      2. PART II Payments in respect of fuel charges

        1. 5.A service charge for fuel except a charge in respect...

        2. 6.(1) Where a charge is ineligible to be met by...

        3. 7.(1) Where rent is payable other than weekly, any amount...

        4. 8.In this Schedule— “communal areas” means any area (other than...

    2. SCHEDULE 2

      Decisions of rent payable

      1. PART I Decisions

        1. 1.Significantly high rents

        2. 2.Size and rent

        3. 3.Exceptionally high rents

        4. 4.Local reference rents

        5. 5.Single room rents

        6. 6.Claim-related rent

      2. PART II Assumptions etc.

        1. 7.Ineligible charges and support charges

        2. 8.Housing associations etc.

      3. PART III Indicative rent levels

        1. 9.(1) The Executive shall decide the indicative rent level for...

      4. PART IV Size criteria

        1. 10.One bedroom or room suitable for living in shall be...

        2. 11.The number of rooms (excluding any allowed under paragraph 10)...

      5. PART V Special cases

        1. 12.Houseboats

        2. 13.Mobile homes

        3. 14.Rental purchase agreements

      6. PART VI Interpretation

        1. 15.In this Schedule— “uncontrolled tenancy” means a tenancy which is...

    3. SCHEDULE 3

      Excluded tenancies

      1. 1.An excluded tenancy is any tenancy to which any of...

      2. 2.(1) Subject to the following sub-paragraphs, where the Executive has...

      3. 3.This paragraph applies where the landlord is a registered housing...

      4. 4.This paragraph applies to a tenancy which is a controlled...

      5. 5.(1) Subject to sub-paragraphs (2) and (3) this paragraph applies...

      6. 6.In this Schedule expressions have the same meaning as in...

    4. SCHEDULE 4

      Applicable amounts

      1. PART I Personal allowances

        1. 1.The amounts specified in column (2) in respect of each...

        2. 1A.For the purposes of paragraph 1 a claimant is entitled...

        3. 2.(1) The amount specified in column (2) in respect of...

      2. PART II Family premium

        1. 3.(1) Subject to sub-paragraph (2), the amount for the purposes...

      3. PART III Premiums

        1. 4.Except as provided in paragraph 5, the premiums specified in...

        2. 5.Subject to paragraph 6, where a claimant satisfies the conditions...

        3. 6.The following premiums, namely— (a) a severe disability premium to...

        4. 7.(1) Subject to sub-paragraph (2), for the purposes of this...

        5. 8....

        6. 9.Pensioner premium for persons under 75

        7. 10.Pensioner premium for persons 75 and over

        8. 11.Higher pensioner premium

        9. 12.Disability premium

        10. 13.Additional condition for the disability premium

        11. 14.Severe disability premium

        12. 15.Enhanced disability premium

        13. 16.Disabled child premium

        14. 17.Carer premium

        15. 18.Persons in receipt of concessionary payments

        16. 19.Person in receipt of benefit

      4. PART IV Amounts of premiums specified in Part III

      5. PART V The components

        1. 21.Subject to paragraph 22, the claimant is entitled to one,...

        2. 21A.Subject to paragraph 22, the claimant is entitled to one,...

        3. 22.(1) The claimant has no entitlement under paragraph 23 or...

        4. 23.The work-related activity component

        5. 24.The support component

      6. Part VI Amount of components

        1. 25.The amount of the work-related activity component is £25∙95 ....

        2. 26.The amount of the support component is £31∙40 .

      7. PART VII Transitional addition

        1. 27.(1) The claimant is entitled to the transitional addition calculated...

        2. 28.(1) This paragraph applies where— (a) the claimant’s entitlement to...

        3. 29.(1) This paragraph applies where— (a) the claimant’s entitlement to...

      8. PART VIII Amount of transitional addition

        1. 30.(1) Subject to paragraph 31, the amount of the transitional...

        2. 31.(1) Subject to sub-paragraph (2), where there is a change...

    5. SCHEDULE 5

      Sums to be disregarded in the calculation of earnings

      1. 1.In the case of a claimant who has been engaged...

      2. 2.In the case of a claimant who, before the first...

      3. 2A.In the case of a claimant who has been engaged...

      4. 3.(1) In a case to which this paragraph applies and...

      5. 4.In a case where the claimant is a lone parent,...

      6. 5.(1) In a case to which neither paragraph 3 nor...

      7. 6.Where the carer premium is awarded in respect of a...

      8. 7.In a case where paragraphs 3, 5, 6 and 8...

      9. 8.(1) In a case where paragraphs 3, 4, 5 and...

      10. 9.Where the claimant is engaged in one or more employments...

      11. 10.In a case to which none of the paragraphs 3...

      12. 10A.(1) Where— (a) the claimant (or if the claimant is...

      13. 11.Any amount or the balance of any amount which would...

      14. 12.Where a claimant is on income support , an income-based...

      15. 13.Any earnings derived from employment which are payable in a...

      16. 14.Where a payment of earnings is made in a currency...

      17. 15.Any earnings of a child or young person.

      18. 16.In this Schedule “part-time employment” means employment in which the...

      19. 17.(1) In a case where the claimant is a person...

    6. SCHEDULE 6

      Sums to be disregarded in the calculation of income other than earnings

      1. 1.Any amount paid by way of tax on income which...

      2. 2.Any payment in respect of any expenses incurred or to...

      3. 2A.Any payment in respect of expenses arising out of the...

      4. 3.In the case of employment as an employed earner, any...

      5. 4.Where a claimant is on income support , an income-based...

      6. 5.Where the claimant is a member of a joint-claim couple...

      7. 6.In the case of housing benefit which was in the...

      8. 7.Any disability living allowance.

      9. 8.Any concessionary payment made to compensate for the non-payment of—...

      10. 9.Any mobility supplement under article 20 of the Naval, Military...

      11. 10.Any attendance allowance.

      12. 11.Any payment to the claimant as holder of the Victoria...

      13. 12.(1) Any payment by way of an education maintenance allowance...

      14. 13.(1) Any payment made pursuant to section 1 or 3...

      15. 14.(1) Subject to sub-paragraph (2), any of the following payments—...

      16. 15.Any of the following, namely— (a) a war disablement pension;...

      17. 16.Subject to paragraph 35, £10 of a pension paid to...

      18. 17.Subject to paragraph 35, £15 of any—

      19. 18.(1) Any income derived from capital to which the claimant...

      20. 19.Where a claimant receives income under an annuity purchased with...

      21. 20.Where the claimant makes a parental contribution in respect of...

      22. 21.(1) Where the claimant is the parent of a student...

      23. 22.Any payment made to the claimant by a child or...

      24. 23.Where the claimant occupies a dwelling as his home and...

      25. 24.(1) Any income in kind, except where regulation 37(8)(b) applies....

      26. 25.Any income which is payable in a country outside the...

      27. 26.(1) Any payment made to the claimant in respect of...

      28. 27.Any payment made by— (a) an authority, as defined in...

      29. 28.Any payment made to the claimant or his partner for...

      30. 29.Any payment made by an authority, as defined in Article...

      31. 29A.(1) Subject to sub-paragraph (2), any payment (or part of...

      32. 30.(1) Subject to sub-paragraph (2), any payment received under an...

      33. 31.Any payment of income which by virtue of regulation 43...

      34. 32.Any social fund payment made pursuant to Part VIII of...

      35. 33.Any payment under Part X of the Act (Christmas bonus...

      36. 34.Where a payment of income is made in a currency...

      37. 35.The total of a claimant’s income or, if he is...

      38. 36.Any payment made under the legislation of, or under a...

      39. 37.(1) Any payment made under or by the Macfarlane Trust,...

      40. 38.Any payment made under arrangements made by the Department to...

      41. 39.Any payment made under arrangements made by the Department to...

      42. 40.Any resettlement benefit paid to the claimant by virtue of...

      43. 41.Any payment to a juror or witness in respect of...

      44. 42.Any community charge benefit.

      45. 43.Any payment in consequence of a reduction of council tax...

      46. 44.(1) Where the claimant occupies a dwelling as his home...

      47. 45.Any special war widows payment made under—

      48. 46.(1) Any payment or repayment made under regulation 5, 6...

      49. 47.Any payment made to such persons entitled to receive benefits...

      50. 48.Any payment made under a scheme established by the Northern...

      51. 49.(1) Where a claimant’s applicable amount includes an amount by...

      52. 49A.(1) Any payment of child maintenance made or derived from...

      53. 50.Any payment made by the Department to compensate a person...

      54. 51.Any payment (other than a training allowance) made, whether by...

      55. 52.Any guardian’s allowance.

      56. 53.Any council tax benefit.

      57. 54.(1) If the claimant is in receipt of any benefit...

      58. 55.Any supplementary pension under Article 23(2) of the Naval, Military...

      59. 56.In the case of a pension awarded at the supplementary...

      60. 57.(1) Any payment which is— (a) made under any of...

      61. 58.Except in a case which falls under sub-paragraph (1) of...

      62. 59.Any payment made under regulations made under section 8 of...

      63. 60.(1) Subject to sub-paragraph (2), in respect of a person...

      64. 61.(1) Any payment of a sports award except to the...

      65. 62.Any discretionary housing payment paid pursuant to regulation 2(1) of...

      66. 63.Any payment made by the Executive to or on behalf...

      67. 64.(1) £1.20 in relation to each week in which child...

      68. 64.Any payment of child benefit.

    7. SCHEDULE 7

      Capital to be disregarded

      1. 1.The dwelling occupied as the home but, notwithstanding regulation 22,...

      2. 2.Any premises or land acquired for occupation by the claimant...

      3. 3.Any sum directly attributable to the proceeds of sale of—...

      4. 4.Any premises occupied in whole or in part as his...

      5. 5.Where a claimant is on income support , an income-based...

      6. 6.Where the claimant is a member of a joint-claim couple...

      7. 7.Any future interest in property of any kind, other than...

      8. 8.(1) The assets of any business owned in whole or...

      9. 9.(1) Subject to sub-paragraph (2), any arrears of, or any...

      10. 10.Any sum— (a) paid to the claimant in consequence of...

      11. 11.Any sum— (a) deposited with a housing association as a...

      12. 12.Any personal possessions except those which have been acquired by...

      13. 13.The value of the right to receive any income under...

      14. 14.Where the funds of a trust are derived from a...

      15. 15.(1) Any payment made to the claimant or the claimant’s...

      16. 16.The value of the right to receive any income under...

      17. 17.The value of the right to receive any income which...

      18. 18.The surrender value of any policy of life insurance.

      19. 19.Where any payment of capital falls to be made by...

      20. 20.Any payment made by an authority, as defined in Article...

      21. 20A.(1) Subject to sub-paragraph (2), any payment (or part of...

      22. 21.Any social fund payment made pursuant to Part VIII of...

      23. 22.Any refund of tax which falls to be deducted under...

      24. 23.Any capital which by virtue of regulation 38 or 61...

      25. 24.Where any payment of capital is made in a currency...

      26. 25.(1) Any payment made under or by the Macfarlane Trust,...

      27. 26.Where a claimant has ceased to occupy what was formerly...

      28. 27.Any premises or land where the claimant is taking reasonable...

      29. 28.Any premises which the claimant intends to occupy as his...

      30. 29.Any premises which the claimant intends to occupy as his...

      31. 30.Any payment made under arrangements made by the Department to...

      32. 31.Any payment made under arrangements made by the Department to...

      33. 32.The value of the right to receive an occupational or...

      34. 33.The value of any funds held under a personal pension...

      35. 34.The value of the right to receive any rent except...

      36. 35.Any payment in kind made by a charity or under...

      37. 36.Any payment made pursuant to section 1 of the 1950...

      38. 37.Any community charge benefit.

      39. 38.Any payment in consequence of a reduction of council tax...

      40. 39.Any grant made in Great Britain to the claimant in...

      41. 40.Any arrears of supplementary pension which is disregarded under paragraph...

      42. 41.(1) Any payment or repayment made under regulation 5, 6...

      43. 42.Any payment made to such persons entitled to receive benefits...

      44. 42A.Any payment made under Part 8A of the Act (entitlement...

      45. 43.Any payment made under a scheme established by the Northern...

      46. 44.Any payment (other than a training allowance) made, whether by...

      47. 45.(1) Any sum of capital to which sub-paragraph (2) applies...

      48. 46.Any payment to the claimant as holder of the Victoria...

      49. 47.The amount of any child maintenance bonus payable by way...

      50. 48.In the case of a person who is receiving, or...

      51. 49.(1) Any payment of a sports award for a period...

      52. 50.(1) Any payment by way of an education maintenance allowance...

      53. 51.Where an ex-gratia payment of £10,000 has been made by...

      54. 52.(1) Subject to sub-paragraph (2), the amount of any trust...

      55. 53.The amount of any payment, other than a war pension...

      56. 54.Any payment made by the Executive to or on behalf...

      57. 55.Any payment made under regulations made under section 8 of...

      58. 56.Any payment made to the claimant pursuant to regulations under...

      59. 57.Any payment made to the claimant in accordance with regulations...

      60. 58.Where an ex-gratia payment has been made by the Secretary...

    8. SCHEDULE 8

      Extended payments of housing benefit

      1. PART I Conditions for an extended payment

        1. 1.The conditions prescribed in this paragraph are that the Department...

        2. 2.The conditions prescribed in this paragraph are that the claimant...

      2. PART II Calculation and payment of an extended payment

        1. 3.(1) Subject to the following provisions of this paragraph and...

        2. 4.Movers

        3. 5.Movers and rent allowances

        4. 6.Movers and rent and rate rebates

        5. 7.Movers and extended payments

        6. 8.Maximum Housing Benefit

        7. 9.Movers and rates rebate

        8. 10.Movers with 2 homes

      3. PART III Adjustment of entitlement in respect of an extended payment

        1. 11.Where for any week— (a) a person is entitled to...

      4. PART IV Interpretation

        1. 12.In this Schedule— “claimant” means a person claiming an extended...

    9. SCHEDULE 9

      Extended payments (severe disablement allowance and incapacity benefit) of housing benefit

      1. 1.Condition for an extended payment (severe disablement allowance and incapacity benefit)

      2. 2.Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)

      3. 3.Movers

      4. 4.Movers and rent allowances

      5. 5.Movers and rent and rate rebates

      6. 6.Movers and extended payments (severe disablement allowance and incapacity benefit)

      7. 7.Maximum housing benefit

      8. 8.Movers and rate rebates

      9. 9.Movers with 2 homes

      10. 10.Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)

      11. 11.Interpretation

    10. SCHEDULE 10

      Matters to be included in decision notice

      1. PART I General

        1. 1.The statement of matters to be included in any decision...

        2. 2.Every decision notice shall include a statement as to the...

        3. 3.Every decision notice shall include a statement as to the...

        4. 4.Every decision notice following an application for a revision in...

        5. 5.Every decision notice following an application for a revision in...

        6. 6.An authority may include in the decision notice any other...

        7. 7.Parts II, III and VI shall apply only to the...

        8. 8.Where a decision notice is given following a revision of...

      2. PART II Awards where income support , an income-based jobseeker’s allowance, an income-related employment and support allowance , an extended payment or an extended payment (qualifying contributory benefits) is payable

        1. 9.Where a person on income support , an income-based jobseeker’s...

      3. PART III Awards where no income support , an income-based jobseeker’s allowance or an income-related employment and support allowance is payable

        1. 10.Where a person is not on income support , an...

      4. PART IV Awards where direct payments made to landlords

        1. 11.Where a decision has been made under regulation 92 or...

        2. 12.In this Schedule, “landlord” has the same meaning as in...

      5. PART V Notice where income of non-dependant is treated as claimant’s

        1. 13.Where an authority makes a decision under regulation 23 the...

      6. PART VI Notice where no award is made

        1. 14.Where a person is not awarded housing benefit—

      7. PART VII Notice where recoverable overpayment

        1. 15.(1) Where the appropriate authority makes a decision that there...

      8. PART VIII Notice following a decision on a work-focused interview

        1. 16.(1) This Part applies in a case where a decision...

    11. SCHEDULE 11

      Electronic communication

      1. 1.Interpretation

      2. 2.Conditions for the use of electronic communication

      3. 3.Use of intermediaries

      4. 4.Effect of delivering information by means of electronic communication

      5. 5.Proof of identity of sender or recipient of information

      6. 6.Proof of delivery of information

      7. 7.Proof of content of information

  18. Explanatory Note