[F1130 Housing benefit.E+W+S
(1)A person is entitled to housing benefit if—
(a)he is liable to make payments in respect of a dwelling in Great Britain which he occupies as his home;
(b)there is an appropriate maximum housing benefit in his case; and
(c)either—
(i)he has no income or his income does not exceed the applicable amount; or
(ii)his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which subsection (3)(b) below provides is made.
(2)In subsection (1) above “payments in respect of a dwelling” means such payments as may be prescribed, but the power to prescribe payments does not include power to prescribe—
[F2(a)payments to a billing authority or to a local authority in Scotland in respect of council tax;]
[F3(b)mortgage payments, or, in relation to Scotland, payments under heritable securities.]
(3)Where a person is entitled to housing benefit, then—
(a)if he has no income or his income does not exceed the applicable amount, the amount of the housing benefit shall be the amount which is the appropriate maximum housing benefit in his case; and
(b)if his income exceeds the applicable amount, the amount of the housing benefit shall be what remains after the deduction from the appropriate maximum housing benefit of prescribed percentages of the excess of his income over the applicable amount.
F4(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Textual Amendments
F1Ss. 123-137 repealed (1.4.2013 in relation to council tax benefit) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5)
F2S. 130(2)(a) substituted (3.7.2007) by Welfare Reform Act 2007 (c. 5), s. 70(1), Sch. 5 para. 1(3)
F3Words in s. 130(2) substituted (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 119(2), Sch. 9 para. 3 (with s. 118(1)(2)(4))
F4S. 130(4) repealed (7.4.2008) by Welfare Reform Act 2007 (c. 5), ss. 30(1), 70(2), Sch. 8; S.I. 2007/2872, art. 2(1)(a)(c)
F5S. 130(5) repealed (with savings) (1.4.1997) by Housing Act 1996 (c. 52), ss. 227, 232(3), Sch. 19 Pt. 6; S.I. 1997/618, art. 2(1) (with Sch.)