The Housing Benefit and Council Tax Benefit (Miscellaneous Amendments) Regulations 1994

2

For the purposes of regulation 23 (average weekly earnings of self-employed earners) the weekly amount of earnings of a claimant shall be determined by dividing his earnings over the assessment period by the number equal to the number of days in that period and multiplying the quotient by 7.

2

Where—

a

the appropriate authority is satisfied that a claimant’s circumstances are exceptional; and

b

either—

i

any deduction in respect of non-dependants falls to be made under regulation 63 for the purpose of determining a person’s appropriate maximum housing benefit; or

ii

an amount falls to be deducted from a person’s appropriate maximum housing benefit in accordance with section 130(3)(b) of the Contributions and Benefits Act (amount of housing benefit where income exceeds applicable amount); and

c

if the person’s appropriate maximum housing benefit were not increased under this paragraph, an amount of housing benefit would be payable to the claimant notwithstanding any deduction which would fall to be made in accordance with section 130(3)(b) of that Act,

the authority may determine that the amount of the person’s appropriate maximum housing benefit calculated in accordance with paragraph (1) shall be such higher amount (“the increased amount—”) as it considers appropriate in the particular circumstances of the case, but so that the increased amount, after any deduction made in accordance with section 130(3)(b) of that Act, shall not exceed his eligible rent calculated on a weekly basis in accordance with regulations 69 and 70 (calculation of weekly amounts and rent free periods).

6

Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Contributions and Benefits Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

20

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 19 or 42 refers and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

a

£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and

b

a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.

42

1

Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

a

where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

b

where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.

2

In this paragraph “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises.

52

here the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

2

For the purposes of regulation 15 (average weekly earnings of self-employed earners) the weekly amount of earnings of a claimant shall be determined by dividing his earnings over the assessment period by the number equal to the number of days in that period and multiplying the quotient by 7.

8

Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Contributions and Benefits Act 1992, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

20

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 19 or 21 refers and there is a contractual liability to make payments to the claimant in respect of the occupation of the dwelling by that person or a member of his family—

a

£4 of the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family; and

b

a further £8.60, where the aggregate of any such payments is inclusive of an amount for heating.

21

1

Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

a

where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20.00, 100% of such payments; or

b

where the aggregate of any such payments exceeds £20.00, £20.00 and 50% of the excess over £20.00.

2

In this paragraph “board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises.

51

Where the claimant is in receipt of any benefit under Parts II, III or V of the Contributions and Benefits Act 1992, any increase in the rate of that benefit arising under Part IV (increases for dependants) or section 106(a) (unemployability supplement) of that Act where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.