The Benefit Cap (Housing Benefit and Universal Credit) (Amendment) Regulations 2016

Amendments to the Housing Benefit Regulations 2006

2.—(1) The Housing Benefit Regulations 2006(1) are amended as follows.

(2) For regulation 75B (determination of whether a benefit cap applies) substitute—

“Determinations

75B.— (1) A relevant authority may make a determination as to whether the benefit cap applies or whether to change the amount of any reduction made in accordance with regulation 75D (reduction of housing benefit) but a relevant authority is not required to do so unless paragraph (2) applies.

(2) This paragraph applies where a relevant authority receives notification from the Secretary of State that—

(a) the benefit cap may apply;

(b) there has been a change in the amount of a welfare benefit to which a claimant is entitled; or

(c) there has been a change to the relevant amount which may affect the amount of housing benefit to which a claimant is entitled.”.

(3) After regulation 75C (manner of calculating the amount of welfare benefits) insert—

“Determination of the relevant amount

75CA.— (1) The relevant amount is determined by dividing the applicable annual limit by 52 and rounding that amount by disregarding any amount of less than half a penny and treating any amount of half a penny or more as a whole penny.

(2) The applicable annual limit is—

(a) £15,410 in the case of single claimants resident in Greater London;

(b) £23,000 in the case of all other claimants resident in Greater London;

(c) £13,400 in the case of single claimants not resident in Greater London;

(d) £20,000 in the case of all other claimants not resident in Greater London.

(3) For the purposes of section 96 of the 2012 Act (benefit cap) and this regulation a claimant is resident in Greater London if—

(a) the dwelling that the claimant normally occupies as the claimant’s home is in Greater London; or

(b) where the claimant is treated as occupying more than one dwelling as the claimant’s home pursuant to regulation 7(6) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), one of those dwellings is in Greater London.”.

(4) In regulation 75F (exception to the benefit cap: receipt of specified benefit), after paragraph (1)(g) insert—

“(h) the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;

(i) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.”.

(5) In regulation 75G (interpretation)—

(a) in the definition of “relevant amount”, for the words from “is” to the end substitute “means the amount determined in accordance with regulation 75CA”; and

(b) omit the definition of “welfare benefit”.

(1)

S.I. 2006/213. Regulations 75B, 75F and 75G were inserted by S.I. 2012/2994. Regulation 75F was amended by S.I. 2013/388, S.I. 2013/546 and S.I. 2013/591.