2006 No. 213

SOCIAL SECURITY

The Housing Benefit Regulations 2006

Made2nd February 2006

Laid before Parliament10th February 2006

Coming into force6th March 2006

M1 M2 M3 M4The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130(2) to (4), 134, 135(1), (2) and (6), 136, 137 and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 , sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (r) and (6), 7(2), 7A, 75, 113, 122E(3) and (4), 126A, 128A, 134(1A) and (8)(b), 189(1) and (3) to (6) and 191 of the Social Security Administration Act 1992 , section 122(3) and (5) of the Housing Act 1996 and sections 34, 79(1) and (4) and 84 of the Social Security Act 1998 .

M5These Regulations are made for the purpose only of consolidating other regulations revoked in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 .

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.C7

Annotations:

Modifications etc. (not altering text)

Instrument applied (5.10.2009) by The Flexible New Deal (Miscellaneous Provisions) Order 2009 (S.I. 2009/1562), reg. 2(1)(c), Sch.

Marginal Citations

1992 c. 4; section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).

1992 c. 5; section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30); section 122E was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18); section 189(1) was amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word “prescribe”.

1996 c. 52.

1998 c. 14; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word “prescribe”.

See section 172 of, and paragraph 10 of Part 1 of Schedule 7 to, the Social Security Administration Act 1992.

PART 1General

Citation and commencement1

1

These Regulations may be cited as the Housing Benefit Regulations 2006.

2

These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations and, in a case where regulation 5(2) applies, with the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 M6.

3

Except as provided in Schedule 4 to the Consequential Provisions Regulations, these Regulations shall come into force on 6th March 2006.

4

The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.

Interpretation2

C5 C91

In these Regulations—

“the Act” means the Social Security Contributions and Benefits Act 1992;
“the 1973 Act” means the Employment and Training Act 1973 M7;
F71“the 2000 Act” means the Electronic Communications Act 2000;
F687“the 2012 Act” means the Welfare Reform Act 2012;
“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;
“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996M8;
“the Administration Act” means the Social Security Administration Act 1992;
F1202“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
F164“amended determination” means a determination made in accordance with article 7A of the Rent Officers Order;
“appropriate DWP office” means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income supportF289, a jobseeker's allowance or an employment and support allowance”;
F1015“approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
F686“armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
“assessment period” means such period as is prescribed in regulations 29 to 31 over which income falls to be calculated;
“attendance allowance” means—
1. a
  an attendance allowance under Part 3 of the Act;
2. b
  an increase of disablement pension under section 104 or 105 of the Act;
3. c
  F771...
4. d
  F771...
5. e
  a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 M9 or any analogous payment; or
6. f
  any payment based on need for attendance which is paid as part of a war disablement pension;
F411“basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
“the benefit Acts” means the ActF290, the Jobseekers ActM10F688, Part 4 of the 2012 ActF689, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011F893, the Welfare Reform Act and the Pensions Act 2014;
“benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;
F164“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order;
F164“broad rental market area determination” means a determination made in accordance with article 4B(1A) of the Rent Officers Order;
“care home” in England F1057... has the meaning assigned to it by section 3 of the Care Standards Act 2000 M11F1058, in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland means a care home service within the meaning assigned to it by F585paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;
F1286“carer support payment” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
F588“the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;
F164“change of dwelling” means, for the purposes of regulations 13C and 14, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;
“child” means a person under the age of 16;
F1191“child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;
F1168“child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;
“child tax credit” means a child tax credit under section 8 of the Tax Credits Act;
F780“child who cannot share a bedroom” means a child—
1. a
  F1169who is entitled to—
  1. i
    the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or
  2. ii
    the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and
2. b
  who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;
“the Children Order” means the Children (Northern Ireland) Order 1995 M12;
“claim” means a claim for housing benefit;
“claimant” means a person claiming housing benefit;
“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;
F1240“coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;
“competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;
“compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
F347...
“concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit F381or tax credits under the benefit Acts or the Tax Credits ActF196... are charged;
“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 M13;
F734“contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
F1241“controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;
F531“converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;
“co-ownership scheme” means a scheme under which the dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;
F835“couple” means—
1. a
  two people who are married to, or civil partners of, each other and are members of the same household; or
2. b
  two people who are not married to, or civil partners of, each other but are living together F1080as if they were a married couple or civil partners;
“Crown tenant” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners F938or a relevant person;
F1170“the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;
“date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 83 (time and manner in which claims are to be made);
“the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 M14;
“designated authority” means any of the following—
1. a
  the Secretary of State;
2. b
  a person providing services to the Secretary of State;
3. c
  a local authority;
4. d
  a person providing services to, or authorised to exercise any functions of, any such authority;
“designated office” means the office designated by the relevant authority for the receipt of claims to housing benefit—
1. a
  by notice upon or with a form approved by it for the purpose of claiming housing benefit; or
2. b
  by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or
3. c
  by any combination of the provisions set out in sub-paragraphs (a) and (b) above;
“disability living allowance” means a disability living allowance under section 71 of the Act;
F1242“domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—
1. a
  psychological abuse;
2. b
  physical abuse;
3. c
  sexual abuse;
4. d
  emotional abuse;
5. e
  financial abuse,
regardless of the gender or sexuality of the victim;;
“earnings” has the meaning prescribed in regulation 35 or, as the case may be, 37;
“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;
F72“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
~~F158“eligible rent” is to be construed in accordance with regulation 12 (rent);~~
F158“eligible rent” means, as the case may require, an eligible rent determined in accordance with—
1. a
  regulations 12B F64412BA (eligible rent and maximum rent (social sector)), (eligible rent), 12C (eligible rent and maximum rent) or 12D (eligible rent and maximum rent (LHA)); or
2. b
  regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;
“employed earner” is to be construed in accordance with section 2(1)(a) of the Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay or statutory maternity pay;
F731“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;
F291“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
F532“Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010;
F578“the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);
“employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 M15 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker's allowance to obtain sustainable employment;
“employment zone contractor” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Work and Pensions;
F456“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament F772or the National Assembly for Wales;
F268“extended payment” means a payment of housing benefit payable pursuant to regulation 72;
“extended payment period” means the period for which an extended payment is payable in accordance with regulation 72A or 73A;
F269“extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 73;
“family” has the meaning assigned to it by section 137(1) of the Act;
“the former Regulations” means the Housing Benefit (General) Regulations 1987 M16;
“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;
F242...
F1264“Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;
“a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 M17;
F1243“health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
F1265“the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;
“hostel” means a building—
1. a
  in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both; and
2. b
  which is—
  1. i
    managed or owned by a registered housing association; or
  2. ii
    operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority; or
  3. iii
    managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and
3. c
  which is not—
  1. i
    a care home;
  2. ii
    an independent hospital; or
  3. iii
    an Abbeyfield Home;
F536“Housing Act functions” means functions under section 122 of the Housing Act 1996;
~~F159“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985~~ M18;
F159“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985;
“Immigration and Asylum Act” means the Immigration and Asylum Act 1999 M19;
“an income-based jobseeker's allowance” and “a joint-claim jobseeker's allowance” have the same meanings as they have in the Jobseekers Act by virtue of section 1(4) of that Act;
F292“income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
“Income Support Regulations” means the Income Support (General) Regulations 1987 M20;
F530“independent hospital”—
1. a
  in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
2. b
  in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
3. c
  F586in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;
F348...
F105“the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
F349...
F350...
F351...
F187...
“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;
“Jobseekers Act” means the Jobseekers Act 1995 M21;
F732“jobseeker’s allowance” means a jobseeker’s allowance within the meaning of Part 1 of the Jobseekers Act;
“Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 M22;
F287“limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
“limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
F164“linked person” means—
1. a
  any member of the claimant’s family;
2. b
  if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household; or
3. c
  any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it;
F164“local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order;
F676“local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—
1. a
  meeting, or helping to meet, an immediate short term need—
  1. i
    arising out of an exceptional event, or exceptional circumstances; and
  2. ii
    that requires to be met in order to avoid a risk to the well-being of an individual; or
2. b
  enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—
  1. i
    in prison, hospital, a residential care establishment or other institution; or
  2. ii
    homeless or otherwise living an unsettled way of life;
“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;
F996“the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;
“lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;
“long tenancy” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;
F106...
“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;
“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;
“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;
F293“main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act F1008or the claimant is a member of the work-related activity group;
F572“the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;
“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996 M23;
F164“maximum rent (LHA)” means the amount determined in accordance with regulation 13D;
~~F160“maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;~~
F160“maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;
F936“member of a couple who cannot share a bedroom” means a member of a couple—
1. a
  who is in receipt of—
  1. i
    attendance allowance at the higher rate in accordance with section 65(3) of the Act;
  2. ia
    F1345pension age disability payment at the higher rate in accordance with regulation 6 of the Disability Assistance for Older People (Scotland) Regulations 2024;
  3. ii
    the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;
  4. iia
    F1171the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;
  5. iii
    the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; F1203...
  6. iiia
    F1204the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
  7. iv
    armed forces independence payment; and
2. b
  whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;
F647“member of the armed forces away on operations” means a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006) who is absent, while on operations, from the dwelling usually occupied as their home;
F955“member of the work-related activity group” means a F1009person who has or is treated as having limited capability for work under either—
1. a
  Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
2. b
  Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;
F485“MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
F270“mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority;
F1110“the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;
“net earnings” means such earnings as are calculated in accordance with regulation 36 (calculation of net earnings of employed earners);
“net profit” means such profit as is calculated in accordance with regulation 38 (calculation of net profit of self-employed earners);
“the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker's Allowance Regulations and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
F271“new dwelling” means, for the purposes of the definition of “second authority” and regulations 72C, 73C, 115 and 116, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home;
“non-dependant” has the meaning prescribed in regulation 3;
~~F161“non-dependant deduction” means a deduction that is to be made under regulation 74 (non-dependant deductions);~~
F161“non-dependant deduction” means a deduction that is to be made under regulation 74 (non-dependant deductions);
“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;
“ordinary clothing or footwear” means clothing or footwear for normal daily use but does not include school uniforms or clothing or footwear used solely for sporting activities;
“owner” means—
1. a
  in relation to a dwelling in England and Wales, the person who, otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple, whether or not with the consent of other joint owners;
2. b
  in relation to a dwelling in Scotland, the proprietor under udal tenure or the proprietor of the dominion utile or the tenant's or the lessee's interest in a long tenancy, a kindly tenancy, a lease registered or registerable under the Registration of Leases (Scotland) Act 1857 M24 or the Land Registration (Scotland) Act 1979 M25 or a tenant-at-will as defined in section 20(8) of that Act of 1979;
“partner” means—
1. a
  where a claimant is a member of a couple, the other member of that couple; or
2. b
  where a claimant is polygamously married to two or more members of his household, any such member;
F1093“parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;
F620“paternity leave” means a period of absence from work on F853... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 ~~F854or on additional paternity leave by virtue of section 80AA or 80BB of that Act~~;
“payment” includes part of a payment;
F1346“pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;
“pension fund holder” means with respect to a personal pension scheme or F88an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme F89... concerned;
F1244“person acting in an official capacity”, where it appears in the definition of “young individual”, means a health care professional, a police officer, a registered social worker, the victim’s employer or any public, voluntary or charitable body which has had direct contact with the victim in connection with domestic violence;
“person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;
“person on income support” means a person in receipt of income support;
F548“person who requires overnight care” means a person (“P”)—
1. a
  who—
  1. i
    is in receipt of attendance allowance;
  2. ia
    F1347is in receipt of pension age disability payment;
  3. ii
    is in receipt of the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; F690...
  4. iiza
    F1172is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;
  5. iia
    F691is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; F692...
  6. iiaa
    F1205is in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
  7. iib
    F693is in receipt of armed forces independence payment; or
  8. iii
    F1206although not satisfying either paragraph (i), F1348(ia), (ii), (iiza), (iia), (iiaa) or (iib) above has provided or, where P is a child, the claimant has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care; and
2. b
  whom the relevant authority is satisfied reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should—
  1. i
    be engaged in providing overnight care for P;
  2. ii
    regularly stay overnight at the dwelling for that purpose; and
  3. iii
    be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home,
  but, in a case where P is treated as occupying a dwelling which P does not actually occupy, paragraph (b)(ii) and (iii) are to be treated as satisfied where the relevant authority is satisfied that the dwelling contains such an additional bedroom and that P did or will reasonably so require and so arrange at such time as P actually occupied or occupies the dwelling;
F197...
F687“personal independence payment” means personal independence payment under Part 4 of the 2012 Act;
F90“personal pension scheme” means—
1. a
  a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
2. b
  an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
3. c
  a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;
“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;
F1245“positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;
F1265“the Post Office” means Post Office Limited (registered number 02154540);”
F1265“Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—
1. a
  in connection with the failings of the Horizon system; or
2. b
  otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”);”
F456“public authority” includes any person certain of whose functions are functions of a public nature;
“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 M26)—
1. a
  in the case of a woman, pensionable age; or
2. b
  in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;
F272“qualifying contributory benefit” means—
1. a
  severe disablement allowance;
2. b
  incapacity benefit;
3. c
  F294contributory employment and support allowance;
“qualifying income-related benefit” means—
1. a
  income support;
2. b
  income-based jobseeker’s allowance;
3. c
  F295income-related employment and support allowance;
F648“qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who—
1. a
  has a child or qualifying young person placed with them as mentioned in regulation 21(3) who by virtue of that provision is not treated as occupying their dwelling; or
2. b
  has been approved as a foster parent under regulation 27 of the Fostering Services (England) Regulations 2011 or regulation 28 of the Fostering Services (Wales) Regulations 2003 or as a kinship carer under regulation 10 or a foster carer under regulation 22 of the Looked After Children (Scotland) Regulations 2009 but does not have a child or qualifying young person placed with them and has not had a child or qualifying young person placed with them for a period which does not exceed 52 weeks;
“qualifying person” means a person in respect of whom F1111a Grenfell Tower payment F1192, a child abuse payment F1266, a Windrush payment, a Post Office compensation payment or a vaccine damage payment has been made or payment has been made from the Fund, the Eileen Trust F486, MFET Limited, the Skipton Fund F589, the Caxton FoundationF956, the Scottish Infected Blood Support SchemeF1016, an approved blood schemeF997, the London Emergencies Trust, the We Love Manchester Emergency FundF1112, the National Emergencies TrustF1276, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund;
F164“reckonable rent” means payments which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for regulation 13, be eligible for housing benefit;
F470“registered housing association” means—
1. a
  a private registered provider of social housing;
2. b
  a housing association which is registered in a register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996 F645or a registered social landlord within the meaning of Part 1 of that Act; or
3. c
  a housing association which is registered F615in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010 F646or a registered social landlord within the meaning of section 165 of that Act;
F1246“registered social worker” means a person registered as a social worker in a register maintained by—
1. a
  Social Work England;
2. b
  Social Care Wales;
3. c
  The Scottish Social Services Council; or
4. d
  the Northern Ireland Social Care Council;
“relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece F1247except where it appears within the definition of “young individual” and within Regulation A13 where it has the meaning given by section 63(1) of the Family Law Act 1996;
“relevant authority” means an authority administering housing benefit;
F164“relevant information” means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim;
F939“relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;
“remunerative work” has the meaning prescribed in regulation 6 (remunerative work);
“rent” includes all those payments in respect of a dwelling specified in regulation 12(1);
~~F162“the Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997~~ M27 ~~or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997~~ M28;
F162“Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;
F91...
F894“Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007;
F957“Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);
“Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Scotland Act 1998;
F273“second authority” means the authority to which a mover is liable to make payments for the new dwelling;
F274...
“self-employed earner” is to be construed in accordance with section 2(1)(b) of the Act;
“self-employment route” means assistance in pursuing self-employed earner's employment whilst participating in—
1. a
  an employment zone programme; F579...
2. b
  a programme provided or other arrangements made pursuant to section 2 of the 1973 Act (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 M29(functions in relation to training for employment, etc.)F640;or
3. c
  a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;
4. c
  F1087...
F811...
“shared ownership F104lease” means—
1. a
  in relation to England and Wales, a tenancy granted on payment of a premium calculated by reference to a percentage of the value of the dwelling or the cost of providing it;
2. b
  in relation to Scotland, an agreement by virtue of which the tenant of a dwelling of which he and the landlord are joint owners is the tenant in respect of the landlord's interest in the dwelling or by virtue of which the tenant has the right to purchase the dwelling or the whole or part of the landlord's interest therein;
F836“shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996;
“single claimant” means a claimant who neither has a partner nor is a lone parent;
F164“single room rent” means the rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order;
“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme's provisions;
F485“special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
“sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 M30 out of sums allocated to it for distribution under that section;
F416...
“student” has the meaning prescribed in regulation 53 (interpretation);
“subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;
“the Tax Credits Act” means the Tax Credits Act 2002 M31;
“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;
F1248“the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005)”;
“trafficking in human beings” has the same meaning as in the Trafficking Convention;
“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
1. a
  out of public funds by a Government department or by or on behalf of the Secretary of State, F417Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, ~~F625the Young People’s Learning Agency for England,~~F861... or the F382Welsh Ministers;
2. b
  to a person for his maintenance or in respect of a member of his family; and
3. c
  for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, F417Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the F382Welsh Ministers,
but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the 1973 Act M32 or is training as a teacher;
F735“universal credit” means universal credit under Part 1 of the 2012 Act;
F1265“vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979;
F1277“the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
F86...
F383“war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;
F383“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;
F383“war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
F383“war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
“water charges” means—
1. a
  as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991M33,
2. b
  as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002 M34
in so far as such charges are in respect of the dwelling which a person occupies as his home;
F998“the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;
F296“Welfare Reform Act” means the Welfare Reform Act 2007;
F1191“Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;
“working tax credit” means a working tax credit under section 10 of the Tax Credits Act;
“Working Tax Credit Regulations” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 M35;
~~F163“young individual” means a single claimant who has not attained the age of 25 years, but does not include such a claimant—~~
1. a
  ~~whose landlord is a registered housing association;~~
2. b
  ~~who has not attained the age of~~ ~~F116425 years~~ ~~and has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989~~ M36 ~~which had previously been made in respect to him either—~~
  1. i
    ~~after he attained the age of 16 years; or~~
  2. ii
    ~~before he attained the age of 16 years, but had continued after he attained that age;~~
3. c
  ~~who has not attained the age of 22 years and was formerly provided with accommodation under section 20 of the Children Act 1989;~~
4. d
  ~~who has not attained the age of 22 years and has ceased to be subject to a supervision requirement by a children's hearing under section 70 of the Children (Scotland) Act 1995~~ M37(“~~the 1995 Act”) made in respect of him which had continued after he attained the age of 16 years, other than a case where—~~
  1. i
    ~~the ground of referral was based on the sole condition as to the need for compulsory measures of care specified in section 52(1)(i) of the 1995 Act (commission of offences by child); or~~
  2. ii
    he was required by virtue of the supervision requirement to reside with a parent or guardian of his within the meaning of the 1995 Act, or with a friend or relative of his or of his parent or guardian;
5. e
  who has not attained the age of 22 years and has ceased to be a child in relation to whom the parental rights and responsibilities were transferred to a local authority under a parental responsibilities order made in accordance with section 86 of the 1995 Act or treated as so vested in accordance with paragraph 3 of Schedule 3 to that Act, either—
  1. i
    ~~after he attained the age of 16 years; or~~
  2. ii
    ~~before he attained the age of 16 years, but had continued after he attained that age; or~~
6. f
  who has not attained the age of 22 years and has ceased to be provided with accommodation by a local authority under section 25 of the 1995 Act where he has previously been provided with accommodation by the authority under that provision either—
  1. i
    ~~after he attained the age of 16 years; or~~
  2. ii
    ~~before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age;~~
F163“young individual” means a single claimant who has not attained the age of F61135 years, but does not include such a claimant—
1. a
  whose landlord is a registered housing association;
2. b
  who has not attained the age of F116425 years and has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989 which had previously been made in respect to him either—
  1. i
    after he attained the age of 16 years; or
  2. ii
    before he attained the age of 16 years, but had continued after he attained that age;
3. c
  who has not attained the age of F116425 years years and was formerly provided with accommodation under section 20 of the Children Act 1989 F1028or section 76 of the Social Services and Well-being (Wales) Act 2014;
4. d
  who has not attained the age of F116425 years and has ceased to be subject to a supervision requirement by a children’s hearing under section 70 of the Children (Scotland) Act 1995 (“the 1995 Act”) made in respect of him which had continued after he attained the age of 16 years, other than a case where—
  1. i
    the ground of referral was based on the sole condition as to the need for compulsory measures of care specified in section 52(1)(i) of the 1995 Act (commission of offences by child); or
  2. ii
    he was required by virtue of the supervision requirement to reside with a parent or guardian of his within the meaning of the 1995 Act, or with a friend or relative of his or of his parent or guardian;
5. e
  who has not attained the age of F116425 years and has ceased to be a child in relation to whom the parental rights and responsibilities were transferred to a local authority under a parental responsibilities order made in accordance with section 86 of the 1995 Act or treated as so vested in accordance with paragraph 3 of Schedule 3 to that Act F580or has ceased to be a child in relation to whom a permanence order under section 80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made, either—
  1. i
    after he attained the age of 16 years; or
  2. ii
    before he attained the age of 16 years, but had continued after he attained that age; or
6. f
  who has not attained the age of F116425 years and has ceased to be provided with accommodation by a local authority under section 25 of the 1995 Act where he has previously been provided with accommodation by the authority under that provision either—
  1. i
    after he attained the age of 16 years; or
  2. ii
    before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age;F549or
7. g
  who is a person who requires overnight care;F781F612...
8. h
  F1165who has attained the age of 16 years and to whom paragraph (1A) applies;
9. ha
  F1166who has attained the age of 25 years and to whom paragraph (1C) applies;
10. i
  who is a person who has not attained the age of F116425 years and has ceased to be subject to a compulsory supervision order within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) which had continued after that person attained the age of 16 years, other than a case where—
  1. i
    the section 67 ground (within the meaning of that Act) was based on the sole condition as to the need for compulsory measures of supervision specified in section 67(2)(j) (the child has committed an offence)of the 2011 Act; or
  2. ii
    that person was required by virtue of the compulsory supervision order to reside with a parent or guardian of that person within the meaning of the 1995 Act, or with a friend or relative of that person or of that person’s parent or guardian F795or;
11. j
  F794F782who is a qualifying parent or carer;
12. k
  F1252who—
  1. i
    after attaining the age of 16 had domestic violence inflicted upon or threatened against them (“the victim”) by their partner or former partner, or by a relative; and
  2. ii
    provides evidence to the relevant authority from a person acting in an official capacity which demonstrates that—
  3. aa
    the victim’s circumstances are consistent with their having had domestic violence inflicted upon or threatened against them; and
  4. bb
    the victim has contacted a person acting in an official capacity in relation to such an incident;
13. l
  who has been the subject of a positive conclusive grounds determination relating to modern slavery;
“young person” has the meaning prescribed in regulation 19(1)(persons of prescribed description).

ii

a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

F846ab

a person who is being consulted by or on behalf of—

i

the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973; or

ii

a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;

b

the carer of a person consulted under F847sub-paragraphs (a) or (ab) .

F9376

For the purpose of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom.

Definition of non-dependant3

1

In these Regulations, “non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant or with whom a claimant normally resides.

2

This paragraph applies to—

a

any member of the claimant's family;

b

if the claimant is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;

c

a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 21 (circumstances in which a person is to be treated as being or not being a member of the same household);

d

subject to paragraph (3), a person who jointly occupies the claimant's dwelling and is either a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling;

e

subject to paragraph (3)—

i

any person who is liable to make payments on a commercial basis to the claimant or the claimant's partner in respect of the occupation of the dwelling;

ii

any person to whom or to whose partner the claimant or the claimant's partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling; or

iii

any other member of the household of the person to whom or to whose partner the claimant or the claimant's partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;

f

a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person.

3

Sub-paragraphs (d) and (e) of paragraph (2) shall not apply to any person who is treated as if he were not liable to make payments in respect of a dwelling under paragraph (1) of regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling).

4

For the purposes of this regulationF165, regulations 9 and 13(6)(c) and the definition of “linked person” in regulation 2 a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area within the meaning prescribed in paragraph 8 of Schedule 1 but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

Cases in which section 1(1A) of the Administration Act is disapplied4

Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

a

to a claim for housing benefit where the person making the claim, or in respect of whom the claim is made, is liable to make payments in respect of a dwelling which is a hostel;

b

to any child or young person in respect of whom housing benefit is claimed.

F418c

to a person who—

i

is a person in respect of whom a claim for housing benefit is made;

ii

is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

iii

is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and

iv

has not previously been allocated a national insurance number.

Persons who have attained the qualifying age for state pension credit5

1

These Regulations apply to a person who—

a

has not attained the qualifying age for state pension credit; or

b

has attained the qualifying age for state pension credit if he, or if he has a partner, his partner, is a person F758on universal credit, on income supportF297, on an income-based jobseeker's allowance or on an income-related employment and support allowance.

F2752

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Except as provided in F276paragraph (1) , these Regulations shall not apply in relation to any person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit.

Remunerative work6

b

if he is polygamously married, by himself, his partners and any child or young person for whom he or any partner of his is responsible and who is a member of that same household,

and shall not be treated as occupying any other dwelling as his home.

2

In determining whether a dwelling is the dwelling normally occupied as a person's home for the purpose of paragraph (1) regard shall be had to any other dwelling occupied by that person or any other person referred to in paragraph (1) whether or not that dwelling is in Great Britain.

3

Where a single claimant or a lone parent is a student, other than one to whom regulation 56(1) applies (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling), or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or, his training course, or as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make such payments.

4

Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home, and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he normally occupied as his home or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

5

Where a person is required to reside in a dwelling which is a bail hostel or probation hostel approved by the Secretary of State under F352section 13 of the Offender Management Act 2007M41, he shall not be treated as occupying that dwelling as his home.

6

Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

a

for a period not exceeding 52 weeks in the case where he has left and remains absent from the former dwelling occupied as his home through fear of violence in that dwelling or by a former member of his family and—

i

it is reasonable that F759payments should be made (whether by way of housing benefit or universal credit) in respect of both his former dwelling and his present dwelling occupied as the home; and

ii

he intends to return to occupy the former dwelling as his home; or

b

in the case of a couple or a member of a polygamous marriage, where he or one partner is a student, other than one to whom regulation 56(1) applies (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling), or is on a training course and it is unavoidable that the partners should occupy two separate dwellings and reasonable that housing benefit should be paid in respect of both dwellings; or

c

in the case where, because of the number of persons referred to in paragraph (1), they have been housed by a housing authority in two separate dwellings; or

d

in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks F77from the date on which he moved if he could not reasonably have avoided liability in respect of two dwellings; or

e

in the case where a person—

i

is treated by virtue of paragraph (8) as occupying a dwelling as his home (“the new dwelling”) and sub-paragraph (c)(i) of that paragraph applies; and

ii

he has occupied another dwelling as his home on any day within the period of 4 weeks immediately preceding the date he moved to the new dwelling,

for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.

7

Where—

a

a person has moved into a dwelling for which he is not liable to make payments (“the new dwelling”); and

b

immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home (“the former dwelling”); and

c

that liability continues after he has moved into the new dwelling,

he shall be treated as occupying the former dwelling as his home for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.

8

F107Where—

a

F109a person has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

F110b

either—

i

that person had claimed housing benefit before moving in and either no decision has yet been made on that claim or it has been refused but a further claim has been made or treated as made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home; or

by a person who was formerly a member of the family of the person first mentioned; and

b

then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (13).

13C

This paragraph applies to a person who is temporarily absent from Great Britain and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.

13D

Subject to paragraphs (13E), (13G), (17C) and (17D) a person to whom paragraph (13C) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of that absence from Great Britain, provided that—

a

the person intends to return to occupy the main dwelling as his home;

b

the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and

c

the period of absence outside Great Britain is unlikely to exceed 4 weeks.

13E

If the temporary absence from the main dwelling is in connection with the death of—

a

the person’s partner or a child or young person for whom the person or the person’s partner is responsible;

b

the person’s close relative;

c

the close relative of the person’s partner; or

d

ii

in premises approved under section 13 of the Offender Management Act 2007,

and who is not also detained in custody following sentence upon conviction.

F91517

Subject to paragraph (17B), a person to whom paragraph (16) applies who is absent within Great Britain, shall be treated as occupying the main dwelling as his home whilst he is so absent, subject to an overall limit of a period of 52 weeks beginning with the first day of the absence from the dwelling.

F90417A

The period of 52 weeks referred to in paragraph (17) shall run or continue to run during any period of absence from Great Britain.

17B

Where—

a

a person returns to Great Britain after a period of absence from Great Britain;

b

he has been absent from the main dwelling for less than 52 weeks beginning with the first day of absence from that dwelling; and

c

at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,

17C

A person to whom paragraph (16) applies who—

a

is a person described in any of sub-paragraphs (c)(ii), (iii), (vii) or (x) of that paragraph;

b

is temporarily absent from Great Britain; and

c

immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,

shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of the absence from Great Britain.

17D

A person to whom paragraph (16) applies who—

a

is a person described in any of sub-paragraphs (c)(i), (iv), (v), (vi), (viii) or (ix) of that paragraph;

b

is temporarily absent from Great Britain; and

c

immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,

shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of the absence from Great Britain.

18

In this regulation—

F906“continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998;
“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;
“main dwelling” means the dwelling that a person normally occupies as his home;
“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—
1. a
  the employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and
2. b
  the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;

“medically approved” means certified by a medical practitioner;
F907“member of Her Majesty’s forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006), who is absent from the main dwelling because the person has been posted outside of Great Britain to perform the duties of a member of Her Majesty’s regular forces or reserve forces;
“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
F908“prescribed area” means any area over which Norway or any member State F1154... exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;
“residential accommodation” means accommodation which is provided in—
1. a
  a care home;
2. b
  an independent hospital;
3. c
  an Abbeyfield Home; or
4. d
  an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, F419Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling8

1

Subject to regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling), the following persons shall be treated as if they were liable to make payments in respect of a dwelling—

a

the person who is liable to make those payments;

b

a person who is a partner of the person to whom sub-paragraph (a) applies;

c

a person who has to make the payments if he is to continue to live in the home because the person liable to make them is not doing so and either—

i

he was formerly a partner of the person who is so liable; or

ii

he is some other person whom it is reasonable to treat as liable to make the payments;

d

a person whose liability to make such payments is waived by his landlord as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out but this sub-paragraph shall apply only for a maximum of 8 benefit weeks in respect of any one waiver of liability;

e

a person who is a partner of a student to whom regulation 56(1) (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) applies.

2

A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period and, where the amount which a person is liable to pay in respect of a period is varied either during or after that period, he shall, subject to regulations 79 to 81 (dates of relevant changes of circumstances, weekly amounts and housing benefit for rent free periods), be treated as liable to pay the amount as so varied during the whole of that period.

Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling9

1

A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where—

a

the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;

b

his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;

c

his liability under the agreement is—

Sub-paragraphs (e) and (g) of paragraph (1) shall not apply in a case where the person satisfies the appropriate authority that the liability was not intended to be a means of taking advantage of the housing benefit scheme.

4

In this regulation “residential accommodation” means accommodation which is provided in—

a

a care home; or

b

an independent hospital.

Persons from abroadC2510

1

A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1 M47 (treatment of claims for housing benefit by refugees) apply.

F532

In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

3

No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3A) F1071or (3AA).

3A

A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

a

regulation 13 of the F1072Immigration (European Economic Area) Regulations 2016;

b

regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—

i

a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or

ii

a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; F1157or

F1073bb

regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;

F1160c

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1160d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1160e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10743AA

A right to reside falls within this paragraph if it exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

a

Appendix EU to the immigration rules made under section 3(2) of that Act; F1159...

b

being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that ActF1158; or

c

having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.

F11453AB

Paragraph (3AA)(a) does not apply to a person who—

a

has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

b

would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).

3B

A person is not a person from abroad if he is—

F1186zza

a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

i

the Afghan Relocations and Assistance Policy; or

ii

the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

zzb

a person in Great Britain not coming within sub-paragraph (zza) or F1232(h) who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;

F1230zzc

a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

i

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; F1253...

ii

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act F1254or;

F1255iii

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F1263zzd

a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

i

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

ii

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

iii

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F1278zze

a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

i

has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

ii

has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

iii

does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;

F816za

a qualified person for the purposes of regulation 6 of the F1075Immigration (European Economic Area) Regulations 2016 as a worker or a self-employed person;

zb

a family member of a person referred to in sub-paragraph (za); F1146...

zc

a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;

F1147zd

a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3AA)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;

F1156ze

a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

zf

a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;

g

a refugee;

F769h

a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971F1231...

F1231

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1231

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1231

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1231

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

hh

F65a person who has humanitarian protection granted under those rules;

i

a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;

F767j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F768jj

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

k

in receipt of income support F791F300... or on an income-related employment and support allowance.

F790l

in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (3A).

F7704

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F545

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

In this regulation—

F55...
F1148“EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
F1148“family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3AB) and (3B)(zd);
M48“refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees;
F1149“relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.

F11557

References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.

PART 3Payments in respect of a dwelling

Eligible housing costs11

1

F166Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant's maximum housing benefit shall be calculated under Part 8 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with regulations 12(3) and (7) and 13 (rent and maximum rent).

F166Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant’s maximum housing benefit shall be calculated under Part 8 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with—

a

regulation 12B (eligible rent);

F649ab

regulations 12BA (eligible rent and maximum rent (social sector)), A13 (when a maximum rent (social sector) is to be determined) and B13 (determination of a maximum rent (social sector));

b

regulations 12C (eligible rent and maximum rent), 13 (maximum rent), 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent);

c

regulations 12D (eligible rent and maximum rent (LHA)), 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)); or

d

regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

whichever is applicable in his case.

2

Subject to paragraph (4), housing benefit shall not be payable in respect of payments made by a person on income supportF301, an income-based jobseeker's allowance or an income-related employment and support allowance whose applicable amount for that benefit includes an amount in respect of those payments.

3

Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 12(1) (payments of rent for which housing benefit is payable), is increased on account of—

a

outstanding arrears of any payment or charge; or

b

any other unpaid payment or charge,

to which ~~F167paragraphs (1) to (3) of that regulation~~F167paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 12B or Schedule 1(ineligible service charges) refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.

4

Where a person who has been awarded housing benefit in respect of a dwelling becomes entitled to income supportF302, an income-based jobseeker's allowance or an income-related employment and support allowance and his applicable amount for the purpose of calculating his entitlement to that benefit includes an amount in respect of a payment made by him in respect of that dwelling, the payments made by him in respect of that dwelling shall continue to be eligible for housing benefit for a period of 4 benefit weeks beginning with the benefit week after the date on which he becomes entitled to income supportF302, an income-based jobseeker's allowance or an income-related employment and support allowance.

Rent12

1

Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home—

a

payments of, or by way of, rent;

b

payments in respect of a licence or permission to occupy the dwelling;

c

payments by way of mesne profits or, in Scotland, violent profits;

d

payments in respect of, or in consequence of, use and occupation of the dwelling;

e

payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;

f

mooring charges payable for a houseboat;

g

where the home is a caravan or a mobile home, payments in respect of the site on which it stands;

h

any contribution payable by a person resident in an almshouse provided by a housing association which is either a charity of which particulars are entered in the register of charities established under section 3 of the Charities Act 1993 M49 (register of charities) or an exempt charity within the meaning of that Act, which is a contribution towards the cost of maintaining that association's almshouses and essential services in them;

i

payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid; and

j

where, in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 M50, the payment in respect of the croft land.

2

A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—

a

payments under a long tenancy except a shared ownership tenancyF112...;

b

payments under a co-ownership scheme;

c

payments by an owner;

d

payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; and

e

payments by a Crown tenant.

F113f

payments by a person in respect of a dwelling where his partner is an owner of that dwelling.

F10492A

Where a reduction in any of the payments listed in paragraph (1) for which a person would otherwise be liable is applied by a provider of social housing under an approved tenant incentive scheme, for the purposes of paragraph (1) the amount of the payment is to be treated as if no such reduction has been applied.

2B

For the purposes of paragraph (2A)—

“approved tenant incentive scheme” means a scheme which is—
1. a
  operated by a provider of social housing and designed to avoid rent arrears by allowing reductions in the payments listed at paragraph (1) or other advantages in return for meeting specified conditions; and
2. b
  approved by the Secretary of State;
“provider of social housing” means—
1. a
  a local authority;
2. b
  a non-profit registered provider of social housing;
3. c
  in relation to accommodation which is social housing, a profit-making registered provider of social housing;
4. d
  a registered social landlord;
“registered social landlord” means—
1. a
  a body which is registered in the register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996;
2. b
  a body which is registered in the register maintained by the Scottish Housing Regulator under the Housing (Scotland) Act 2010;
“social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008.

3

~~F157Subject to paragraphs (4), (5) and (7), the amount of a person's eligible rent shall be—~~

a

~~the maximum rent where a maximum rent has been, or falls to be, determined in accordance with regulations 13 (maximum rent); or~~

b

~~except where sub-paragraph (a) applies, the aggregate of such payments specified in paragraph (1) as that person is liable to pay less—~~

i

~~except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6);~~

ii

6

In any case where it appears to the relevant authority that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to that authority to be an appropriate rent in that particular case.

F643Eligible rent and maximum rent (social sector)12BA

1

This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A13 (when a maximum rent (social sector) is to be determined).

2

Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector).

3

Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is—

a

the eligible rent which applied on the day before the death occurred; or

b

in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 12B(2),

where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

4

F900For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.

F900For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—

a

any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

b

any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

5

Where a person’s eligible rent has been determined in accordance with paragraph (3) (protection on death), it shall apply until the first of the following events occurs—

a

the period of 12 months from the date of death has expired;

b

the determination of an eligible rent in accordance with paragraph (3) (protection on death) in relation to a subsequent death;

c

there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3);

d

there is a change of dwelling; or

e

the determination of an eligible rent under regulation 12B.

6

Where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for the dwelling when they were entered into, the eligible rent is an eligible rent determined in accordance with regulation 12B(2) where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

7

Paragraph (6) shall not apply where the claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

8

Where a person’s eligible rent has been determined in accordance with paragraph (6) (13 week protection), it shall apply until the first of the following events occurs—

a

the first 13 weeks of the claimant’s award of housing benefit have expired;

b

the determination of an eligible rent in accordance with paragraph (3) (protection on death);

c

d

there is a change of dwelling; or

e

the determination of an eligible rent under regulation 12B.

Eligible rent and maximum rent12C

1

This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 13 (maximum rent).

2

Where this regulation applies, except where paragraph (3) applies, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (6) of regulation 12B.

3

In a case where the maximum rent is derived from a single room rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order the eligible rent shall be the maximum rent subject to paragraphs (3) and (6) of regulation 12B.

Eligible rent and maximum rent (LHA)12D

1

F550Except where regulation 12M (transitional protection – reduction in LHA) applies, this regulation applies where, by virtue of paragraphs (2) or (3) of regulation 13C (when a maximum rent (LHA) is to be determined), a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 13D (determination of a maximum rent (LHA)).

2

paragraph (5)(a) (13 week protection), it shall apply until the first of the following events occurs—

i

the first 13 weeks of the claimant’s award of housing benefit have expired;

ii

iii

the determination of an eligible rent in accordance with paragraph (3)(a) (protection on death); or

iv

the determination of a maximum rent by virtue of regulation 13F652, a maximum rent (social sector) by virtue of regulation A13 or an eligible rent under regulation 12B.

8

Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) (expiry of protection on death) or (7)(b)(i) (expiry of 13 week protection), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).

Transitional protection – larger propertiesF55112L

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional protection – reduction in LHAF125112M

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or

b

to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

4

The accommodation referred to in paragraph (3) is—

a

accommodation—

i

provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or

ii

provided in a hotel, guest house, lodging house or similar establishment,

but does not include accommodation which is provided in a care home, an independent hospital or a hostel;

b

accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;

c

accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.

F11875

In this regulation—

F1249...
F1249...
“household” means the persons who the relevant authority are satisfied are occupying the claimant’s dwelling as their home;
“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the victim’s employer, a representative of the victim’s trade union, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;
“provider of social housing” has the meaning given in regulation 12 of these Regulations;
F1249...
F1249...
“sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.

Determination of a maximum rent (social sector)B13

1

The maximum rent (social sector) is determined in accordance with paragraphs (2) to (4).

2

The relevant authority must determine a limited rent by—

a

determining the amount that the claimant’s eligible rent would be in accordance with regulation 12B(2) without applying regulation 12B(4) and (6);

b

where the number of bedrooms in the dwelling exceeds the number of bedrooms to which the claimant is entitled in accordance with F656paragraphs (5) to (7), reducing that amount by the appropriate percentage set out in paragraph (3); and

c

where more than one person is liable to make payments in respect of the dwelling, apportioning the amount determined in accordance with sub-paragraphs (a) and (b) between each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each person.

3

The appropriate percentage is—

C19 C21 C23a

14% where the number of bedrooms in the dwelling exceeds by one the number of bedrooms to which the claimant is entitled; and

C20 C22 C24b

25% where the number of bedrooms in the dwelling exceeds by two or more the number of bedrooms to which the claimant is entitled.

4

Where it appears to the relevant authority that in the particular circumstances of any case the limited rent is greater than it is reasonable to meet by way of housing benefit, the maximum rent (social sector) shall be such lesser sum as appears to that authority to be an appropriate rent in that particular case.

5

The claimant is entitled to one bedroom for each of the following categories of person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home (and each person shall come within the first category only which is applicable)—

F944za

a member of a couple who cannot share a bedroom;

zb

a member of a couple who can share a bedroom;

a

a coupleF947...;

b

a person who is not a child;

F785ba

a child who cannot share a bedroom;

c

two children of the same sex;

d

two children who are less than 10 years old;

e

Maximum rent13

F1481

Where an authority has applied to the rent officer for a determination in accordance with regulation 14 (requirement to refer to rent officers) and a rent officer has made a determination or redetermination in exercise of the Housing Act functions, the maximum rent shall be determined in accordance with paragraphs (2) to (17).

2

In a case where the rent officer has determined a claim-related rent, but is not required to notify the authority of a local reference rent or a single room rent, the maximum rent shall be that claim-related rent.

3

~~In a case where the rent officer has determined and is required to notify the authority of a local reference rent, the maximum rent shall not exceed twice that local reference rent.~~

4

~~Subject to paragraph (5), in the case of a young individual—~~

a

~~except where sub-paragraph (b) applies, where the rent officer has determined a single room rent and is required to notify the authority of it, the maximum rent shall not exceed that single room rent;~~

b

~~where—~~

i

~~the rent officer has determined a single room rent and a claim-related rent and is required to notify the authority of them;~~

ii

~~the claim-related rent includes payment in respect of meals; and~~

iii

~~then—~~

~~paragraph 5 (single room rents) of that Schedule.~~

14

Subject to paragraph (15), where the relevant authority is satisfied that a person to whom paragraph (16) applies was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant's award of housing benefit.

15

~~Paragraph (14) shall not apply where a claimantF114, or the claimant’s partner,~~ ~~was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of~~ ~~F115the claimant’s~~ ~~current award of housing benefit.~~

16

~~This paragraph applies to the following persons—~~

a

~~the claimant;~~

b

~~any member of his family;~~

c

~~if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;~~

d

~~subject to paragraph (17), any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him.~~

17

Paragraph (16)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it.

18

~~In this regulation—~~

“~~claim related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers Order;~~
“~~deduction for meals” means any amount of a person's otherwise eligible rent which is an ineligible service charge by reason of and within the meaning of paragraph 1(a)(i) of Schedule 1;~~
“~~local reference rent” means the rent determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order;~~
“~~reckonable rent~~” means those payments, which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for this regulation, be eligible for housing benefit plus the amount of any deduction for fuel, deduction for meals or water charges, as the case may be, which that person is liable to pay;
“~~single room rent” means the rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order.~~

F1481

The maximum rent shall be determined in accordance with paragraphs (2) to (8) where—

a

a local authority has applied for a determination in accordance with regulation 14 (requirement to refer to rent officers), a redetermination in accordance with regulation 15 or 16, or a substitute determination or substitute redetermination in accordance with regulation 17 and a rent officer has made a determination, redetermination, substitute determination or substitute redetermination in exercise of the Housing Act functions; or

b

an authority is not required to apply to the rent officer for a determination because—

i

regulation 14(2)(a) applies; or

ii

regulation 14(2)(b) applies because paragraph 2(2) of Schedule 2 applies.

2

In a case where the rent officer has determined a claim-related rent, but is not required to notify the relevant authority of a local reference rent or a single room rent, the maximum rent shall be that claim-related rent.

3

Subject to the limit specified in paragraph (4), in a case where the rent officer has determined both a local reference rent of which he is required to notify the relevant authority and a claim-related rent, the maximum rent shall be the local reference rent.

4

In a case to which paragraph 8 of Schedule 3 to the Consequential Provisions Regulations applies, where the rent officer has determined and is required to notify the relevant authority of a local reference rent the maximum rent shall not exceed twice that local reference rent.

5

Subject to paragraph (6), in the case of a young individual—

a

except where sub-paragraph (b) applies, where the rent officer has determined a single room rent and is required to notify the relevant authority of it, the maximum rent shall not exceed that single room rent;

b

where—

i

the rent officer has determined a single room rent and a claim-related rent and is required to notify the authority of them;

ii

the claim-related rent includes payment in respect of meals; and

iii

the single room rent is greater than the claim-related rent less an amount in respect of meals determined in accordance with paragraph 2 of Part 1 of Schedule 1 (ineligible service charges),

the maximum rent shall not exceed the claim-related rent less that amount in respect of meals.

6

Paragraph (5) shall not apply in the case of a claimant—

a

to whom paragraph 4 of Schedule 3 to the Consequential Provisions Regulations (saving provision) applies;

b

to whom paragraph 14 of Schedule 3 (severe disability premium) applies; or

c

where a non-dependant resides with him.

7

Where the maximum rent is derived from—

a

a claim-related rent and the notification under paragraph 9(1)(c) of Schedule 1 to the Rent Officers Order states that an ineligible amount in respect of meals has been included in that claim-related rent; or

b

a local reference rent and the notification under paragraph 9(1)(da) of Schedule 1 to the Rent Officers Order states that an ineligible amount in respect of meals has been included in that local reference rent,

in determining the maximum rent the relevant authority shall deduct an amount determined in accordance with paragraph 2 of Schedule 1 to these Regulations in respect of meals.

8

This regulation is subject to regulations 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent).

9

In this regulation—

“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers Order;
“local reference rent” means the rent determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order.

Protection on death and 13 week protection13ZA

1

In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of a linked person, the maximum rent shall be either—

a

the maximum rent which applied before the death occurred; or

b

in a case where there was no maximum rent, the reckonable rent due before the death occurred,

for a period of 12 months from the date of such a death.

2

F902For the purposes of paragraph (1), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.

subsequent to that determination the reckonable rent for that dwelling is changed; and

c

a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

3

In a case to which paragraph (2) applies, where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if the reckonable rent had not changed, the maximum rent shall be the reckonable rent as so reduced.

4

In any other case to which paragraph (2) applies, the authority shall treat the reckonable rent to be that applicable to the determination by the rent officer referred to in paragraph (2)(a).

the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 3 (severe disability premium) does not apply; or

ii

paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 3 (severe disability premium) applies, or to whom the circumstances in any of paragraphs (b) to (f) F753or (i) of the definition of young individual applies (certain care leavers);

b

except where paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria F169as set out in paragraph (3) and—

i

the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or

ii

the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,

and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

c

in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with F660paragraphs (3) to (3B)F552up to a maximum of four bedrooms.

3

The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—

F940za

a member of a couple who cannot share a bedroom;

zb

a member of a couple who can share a bedroom;

a

a coupleF941...;

b

a person who is not a child;

F777ba

a child who cannot share a bedroom F951or a member of a couple who cannot share a bedroom;

c

two children of the same sex;

d

two children who are less than 10 years old;

e

a child.

F778but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child F952or the member of the couple were able to share a bedroom.

F661...

F6593A

The claimant is entitled to one additional bedroom in any case where—

F942a

one or more of the following persons is a person who requires overnight care—

i

the claimant;

ii

the claimant’s partner;

iii

a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

iv

a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or

b

the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.

3B

The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.

4

The relevant authority shall determine —

a

the cap rent (in accordance with the definition in paragraph (12)); and

b

whether the cap rent exceeds the applicable local housing allowance.

F5535

Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.

F5546

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F4207

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5558

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5569

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

10

The relevant authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order where—

a

the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C; and

b

part of the rent under the tenancy appears to the relevant authority to be likely to be attributable to board and attendance.

11

Where an application to a rent officer is required in accordance with paragraph (10) it shall be made within the same period following the day on which the relevant authority becomes obliged to determine a maximum rent (LHA) by virtue of regulation 13C as would be required if the application were to be made under regulation 14(1).

12

In this regulation—

“cap rent” means the aggregate of such payments specified in regulation 12(1) (rent) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8 (circumstances in which a person is treated as liable to make payments in respect of a dwelling), subject to regulation 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent);
F662“occupiers” means—
1. a
  the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; and
2. b
  any member of the armed forces away on operations who—
  1. i
    is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;
  2. ii
    was the claimant’s non-dependant before they became a member of the armed forces away on operations; and
  3. iii
    intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;
“relevant date” means, as the case may require—
1. a
  the date of the claim to which the claim or relevant information referred to in regulation 13C(2)(a) or (b) relates;
2. b
  the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 13C(2)(c) or (d) relates; or
3. c
  the date on which the anniversary of the LHA date referred to in regulation 13C(3) falls.
“tenancy” includes
1. a
  in Scotland, any other right of occupancy; and
2. b
  in any other case, a licence to occupy premises,
and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly.

Publication of local housing allowances13E

1

A relevant authority shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas falling in whole or in part within its area, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the authority.

the relevant authority receiving relevant information regarding a claim on which rent allowance may be awarded;

c

the relevant authority receiving a notification of a change relating to a rent allowance;

d

the relevant authority receiving a notification of a change of dwelling; or

e

the day on which the period mentioned in paragraph (1)(f) or (g) expired,

except that, in the case of a request to which paragraph (1)(e) (request from prospective occupier) applies, the application shall be made within 2 days of the receipt of that request by the authority.

6

In calculating any period of days mentioned in paragraphs (4) or (5), no regard shall be had to a day on which the offices of the relevant authority are closed for the purposes of receiving or determining claims.

7

For the purpose of this regulation a dwelling in a hostel shall be regarded as similar to another dwelling in that hostel if each dwelling provides sleeping accommodation for the same number of persons.

8

In this regulation—

“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c)F557, (d), F663(f)F779, (g) or (h) of Schedule 2 applies;
“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but only where his current agreement commenced 11 months or more before the request under paragraph (1)(e);
“specified matters” means—
1. a
  the signature of the prospective occupier;
2. b
  the signature of the person to whom the prospective occupier would incur liability to make such payments;
3. c
  a statement that the person in paragraph (b) agrees to the application being made for that determination; and
4. d
  an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit;
“tenancy” includes—
1. a
  in Scotland, any other right of occupancy; and
2. b
  in any other case, a licence to occupy premises,
and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;
F171...

Applications to the rent officer for redeterminations15

F1501

~~Subject to paragraph (2) and regulation 16, where a relevant authority has obtained from a rent officer either or both of the following—~~

a

~~a determination on a reference made under regulation 14 (requirement to refer to rent officers);~~

b

~~a redetermination on a reference made under regulation 16(2)(application for redetermination by rent officer),~~

~~the authority may apply to the rent officer for a redetermination of any determination or redetermination he has made which has effect at the date of the application.~~

2

~~No application shall be made for a further redetermination of a redetermination made in response to an application under paragraph (1).~~

F1501

Subject to paragraph (2) and regulation 16 (application for redetermination by rent officer), where a relevant authority has obtained from a rent officer either or both of the following—

a

a determination on a reference made under regulation 13D(10) (board and attendance determination) or regulation 14 (requirement to refer to rent officers);

b

a redetermination on a reference made under regulation 16(2) (application for redetermination by rent officer),

the authority may apply to the rent officer for a redetermination of any determination or redetermination he has made which has effect at the date of the application.

2

No application shall be made for a further redetermination of a redetermination made in response to an application under paragraph (1).

Application for redetermination by rent officer16

F1501

~~This paragraph applies where—~~

a

~~a person affected makes written representations which are signed by him, to a relevant authority concerning a decision which it makes in relation to him;~~

b

~~those representations relate, in whole or in part, to a rent officer's determination or redetermination in exercise of the Housing Act functions; and~~

c

~~those representations are made no later than~~ ~~F116one month~~ ~~after the day on which the person affected was notified of the decision by the relevant authority.~~

2

Subject to paragraphs (3) and (4), where paragraph (1) applies, the relevant authority shall, within 7 days of receiving the representations, apply to the rent officer for a redetermination or, as the case may be, a further redetermination in exercise of the Housing Act functions and a copy of those representations shall accompany the local authority's application.

3

Except where paragraph (4) applies, a relevant authority, in relation to any determination by a rent officer of an application under regulation 14(1) (requirement to refer to rent officers), shall not apply for a redetermination under paragraph (2) more than once in respect of an individual claimant's dwelling to which that determination relates.

4

~~Paragraph (2) shall operate so as to require a relevant authority to make a second application where the following conditions are met in addition to those imposed by that paragraph—~~

a

the written representations made under paragraph (1) relate to a redetermination by a rent officer made in response to an application by the relevant authority under regulation 15 (application to the rent officer for redetermination);

b

~~by the time of that application, the rent officer has already provided a redetermination under this regulation of a determination made in response to an application under regulation 14(1); and~~

c

~~both the application under this regulation referred to in sub-paragraph (b) and the second application for which this paragraph provides relate to the same claimant.~~

5

a

~~a reduction in the maximum rent, the redetermination, substitute determination or substitute redetermination shall be a change of circumstances;~~

b

~~an increase in the maximum rent, the redetermination, substitute determination or substitute redetermination shall have effect in place of the original determination.~~

F1501

This paragraph applies where—

a

a person affected makes written representations which are signed by him, to a relevant authority concerning a decision which it makes in relation to him;

b

those representations relate, in whole or in part, to a rent officer’s determination or redetermination in exercise of the Housing Act functions except for functions relating to broad rental market area determinations and local housing allowance determinations or amended determinations; and

c

those representations are made no later than one month after the day on which the person affected was notified of the decision by the relevant authority.

2

3

Except where paragraph (4) applies, a relevant authority, in relation to any determination by a rent officer of an application under regulation 13D(10) (board and attendance determination) or 14(1) (requirement to refer to rent officers), shall not apply for a redetermination under paragraph (2) more than once in respect of an individual claimant’s dwelling to which that determination relates.

4

Paragraph (2) shall operate so as to require a relevant authority to make a second application where the following conditions are met in addition to those imposed by that paragraph—

a

b

by the time of that application, the rent officer has already provided a redetermination under this regulation of a determination made in response to an application under regulation 13D(10) or 14(1); and

c

both the application under this regulation referred to in sub-paragraph (b) and the second application for which this paragraph provides relate to the same claimant.

5

Where a decision has been revised in consequence of a redetermination, substitute determination or substitute redetermination by a rent officer in exercise of the Housing Act functions (except for those relating to broad rental market area determinations and local housing allowance determinations or amended determinations) and that redetermination, substitute determination or substitute redetermination has led to—

a

a reduction in the maximum rent, the redetermination, substitute determination or substitute redetermination shall be a change of circumstances;

b

an increase in the maximum rent, the redetermination, substitute determination or substitute redetermination shall have effect in place of the original determination.

Substitute determinations or substitute redeterminations17

F1501

~~In a case where either—~~

a

~~the appropriate authority discovers that an application it has made to the rent officer contained an error in respect of any of the following—~~

i

~~the size of the dwelling;~~

ii

~~the number of occupiers;~~

iii

~~the composition of the household;~~

iv

~~the terms of the tenancy; or~~

b

~~the rent officer has, in accordance with article 7A of the Rent Officers Order, notified an appropriate authority of an error he has made (other than in the application of his professional judgement),~~

~~the authority shall apply to the rent officer for a substitute determination or substitute redetermination, as the case may be.~~

2

In its application to the rent officer the relevant authority shall state the nature of the error and withdraw any previous application relating to the same case for a redetermination or substitute determination or substitute redetermination, which it has made but to which the rent officer has not yet responded.

F1501

In a case where either—

a

the appropriate authority discovers that an application it has made to the rent officer contained an error in respect of any of the following—

i

the size of the dwelling;

ii

the number of occupiers;

iii

the composition of the household;

iv

the terms of the tenancy; or

b

the rent officer has, in accordance with article 7A(1) or (2) of the Rent Officers Order, notified an appropriate authority of an error he has made (other than in the application of his professional judgement),

the authority shall apply to the rent officer for a substitute determination, substitute redetermination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination, as the case may be.

2

Application of provisions to substitute determinations or substitute redeterminations18

~~F150Regulations 15, 16 and 17 apply to a substitute determination or substitute redetermination as they apply to the determination or redetermination it replaces.~~

F150Regulations 15, 16 and 17 apply to a substitute determination or substitute redetermination as they apply to the determination or redetermination it replaces.

F151Amended determinations18A

1

This regulation applies where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination by a rent officer.

2

Where that amended determination has led to a reduction in the maximum rent (LHA) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant.

3

Where that amended determination has led to an increase in the maximum rent (LHA) applicable to a claimant, the amended determination shall have effect in place of the original determination.

PART 4Membership of a family

Persons of prescribed description19

1

Subject to paragraph (2), a person of a prescribed description for the purposes of section 137(1) of the Act as it applies to housing benefit (definition of family) is a person F37who falls within the definition of qualifying young person in section 142 of the Act (child and qualifying young person), and in these Regulations such a person is referred to as a “young person”.

2

Paragraph (1) shall not apply to a person who is—

a

on income supportF303, an income-based jobseeker's allowance or an income-related employment and support allowance; F736...

F38b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

a person to whom section 6 of the Children (Leaving Care) Act 2000 M52 (exclusion from benefits) appliesF737; or

d

entitled to an award of universal credit

3

A person of a prescribed description for the purposes of section 137(1) of the Act as it applies to housing benefit (definition of the family) includes a child or young person in respect of whom section 145A of that Act M53 applies for the purposes of entitlement to child benefit but only for the period prescribed under section 145A(1) of that Act.

Circumstances in which a person is to be treated as responsible or not responsible for another20

1

Subject to the following provisions of this regulation a person shall be treated as responsible for a child or young person who is normally living with him and this includes a child or young person to whom paragraph (3) of regulation 19 applies.

2

Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—

a

the person who is receiving child benefit in respect of him; or

b

if there is no such person—

i

where only one claim for child benefit has been made in respect of him, the person who made that claim, or

ii

in any other case the person who has the primary responsibility for him.

3

For the purposes of these Regulations a child or young person shall be the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

3

Paragraph (4) applies where—

a

(whether or not as part of a tax credit couple) the claimant has an award of child tax credit in respect of a child or young person who is a member of his family, and whether or not any amount is payable by way of such credit; and

b

the total amount to be included in the applicable amount under paragraph (1)(b) as substituted by paragraph (4) would be higher than the total amount that would be included under paragraph (1)(b) apart from paragraph (4).

4

Where this paragraph applies, for paragraph (1)(b) substitute—

b
an amount determined in accordance with paragraph 2 of Schedule 3 in respect of any child or young person who is a member of his family and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit;

5

In this regulation, “tax credit couple” means a couple as defined in section 3(5A) of the Tax Credits Act 2002.

Polygamous marriages23

F9921

Subject to regulations 24, 80 and 81 and Schedule A1 M73 (patients, calculation of weekly amounts, rent free periods and treatment of claims for housing benefit by refugees), where a claimant is a member of a polygamous marriage, his weekly applicable amount shall be the aggregate of such of the following amounts as may apply in his case—

a

the highest amount applicable to him and one of his partners determined in accordance with paragraph 1(3) of Schedule 3 as if he and that partner were a couple;

b

an amount equal to the difference between the amounts specified in sub-paragraphs (3)(b) and (1)(b) of paragraph 1 of Schedule 3 in respect of each of his other partners;

F993c

an amount determined in accordance with paragraph 2 of Schedule 3 in respect of up to two individuals who are either children or young persons and for whom he or a partner of his is responsible and who are members of the same household;

d

~~F897if he or another partner of the polygamous marriage is responsible for a child or young person who is a member of the same household, the amount specified in Part 2 of Schedule 3 (family premium);~~

e

the amount of any premiums which may be applicable to him determined in accordance with Parts 3 and 4 of Schedule 3 (premiums).

F959f

the amount of the support component which may be applicable to him in accordance with Part 5 of Schedule 3 (the component);

F534g

the amount of any transitional addition which may be applicable to him in accordance with Parts 7 and 8 of Schedule 3 (transitional addition).

F9942

For the purposes of paragraph (1)(c), as it applies apart from paragraph (4), where the claimant and his partners are between them responsible for more than two individuals who are either children or young persons and who are members of the same household, and, under paragraph 2 of Schedule 3, a different amount applies to different individuals, the two amounts to be included in the applicable amount shall be those that result in the greatest possible total amount.

3

Paragraph (4) applies where—

a

(as part of a polygamous unit) the claimant has an award of child tax credit in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household, and whether or not any amount is payable by way of such credit; and

b

the total amount to be included in the applicable amount under paragraph (1)(c) as substituted by paragraph (4) would be higher than the total amount that would be included under paragraph (1)(c) apart from paragraph (4).

4

Where this paragraph applies, for paragraph (1)(c) substitute—

c
an amount determined in accordance with paragraph 2 of Schedule 3 in respect of any child or young person for whom he or a partner of his is responsible and who is a member of the same household and in respect of whom the individual element of child tax credit has been included in the determination of the maximum rate of that credit;

5

In this regulation, “polygamous unit” has the same meaning as in regulation 2 of the Tax Credits (Polygamous Marriages) Regulations 2003.

PatientsF924

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6Income and capital

SECTION 1General

Calculation of income and capital of members of claimant's family and of a polygamous marriage25

1

The income and capital of a claimant's partner which by virtue of section 136(1) of the Act is to be treated as income and capital of the claimant, shall be calculated or estimated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “claimant” shall, except where the context otherwise requires, be construed for the purposes of this Part as if it were a reference to his partner.

2

Where a claimant or the partner of a claimant is married polygamously to two or more members of his household—

a

the claimant shall be treated as possessing capital and income belonging to each such member; and

b

the income and capital of that member shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant.

3

The income and capital of a child or young person shall not be treated as the income and capital of the claimant.

Circumstances in which income of non-dependant is to be treated as claimant's26

1

Where it appears to the relevant authority that a non-dependant and the claimant have entered into arrangements in order to take advantage of the housing benefit scheme and the non-dependant has more capital and income than the claimant, that authority shall, except where the claimant is on income supportF304, an income-based jobseeker's allowance or an income-related employment and support allowance, treat the claimant as possessing capital and income belonging to that non-dependant and, in such a case, shall disregard any capital and income which the claimant does possess.

2

Where a claimant is treated as possessing capital and income belonging to a non-dependant under paragraph (1) the capital and income of that non-dependant shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant and any reference to the “claimant” shall, except where the context otherwise requires, be construed for the purposes of this Part as if it were a reference to that non-dependant.

SECTION 2Income

Calculation of income on a weekly basis27

1

Subject to regulations 34 (disregard of changes in tax, contributions etc), and 80 and 81 (calculation of weekly amounts and rent free periods) for the purposes of section 130(1)(c) of the Act (conditions of entitlement to housing benefit) the income of a claimant shall be calculated on a weekly basis—

a

by estimating the amount which is likely to be his average weekly income in accordance with this Section and Sections 3 to 5 of this Part and Sections 1 and 3 of Part 7;

b

by adding to that amount the weekly income calculated under regulation 52 (calculation of tariff income from capital); and

c

by then deducting any relevant child care charges to which regulation 28 (treatment of child care charges) applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant's family of whichever of the sums specified in paragraph (3) applies in his case.

2

The conditions of this paragraph are that—

a

the claimant's earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and

b

that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of either working tax credit or child tax credit.

3

The maximum deduction to which paragraph (1)(c) above refers shall be—

C28a

where the claimant's family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;

C29b

where the claimant's family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.

4

For the purposes of paragraph (1) “income” includes capital treated as income under regulation 41 (capital treated as income) and income which a claimant is treated as possessing under regulation 42 (notional income).

the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefitF308, an employment and support allowance or income support on the grounds of incapacity for work; or

b

i

persons registered under section 59(1) of the Public Services Reform (Scotland) Act 2010; or

ii

local authorities registered under section 83(1),

where the care provided is child minding or day care of children within the meaning of that Act; or

f

by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act; F449or

g

by a person who is registered under Chapter 2 or 3 of Part 3 of the Childcare Act 2006; or

h

by any of the schools mentioned in section 34(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 2 of Part 3 of that Act does not apply by virtue of section 34(2) of that Act; or

i

by any of the schools mentioned in section 53(2) of the Childcare Act 2006 in circumstances where the requirement to register under Chapter 3 of Part 3 of that Act does not apply by virtue of section 53(2) of that Act; or

j

by any of the establishments mentioned in section 18(5) of the Childcare Act 2006 in circumstances where the care is not included in the meaning of “childcare” for the purposes of Part 1 and Part 3 of that Act by virtue of that subsection; or

k

by a foster parent F538or kinship carer under the Fostering Services Regulations 2002, the Fostering Services (Wales) Regulations 2003 or the F539Looked After Children (Scotland) Regulations 2009 in relation to a child other than one whom the foster parent is fostering F540or kinship carer is looking after; or

l

by a domiciliary care worker under the Domiciliary Care Agencies Regulations 2002 or F1059by a person who is employed, or engaged under a contract for services, to provide care and support by the provider of a domiciliary support service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016; or

m

by a person who is not a relative of the child wholly or mainly in the child’s home.

9

In paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year.

10

Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.

11

For the purposes of paragraph (1)(c) the other member of a couple is incapacitated where—

a

F200the claimant’s applicable amount includes a disability premium on account of the other member’s incapacity F309or the support component or F961the other member is a member of the work-related activity groupF960... on account of the other member having limited capability for work;—

i

a disability premium; or

ii

a higher pensioner premium by virtue of the satisfaction of paragraph 11(2)(b) of Schedule 3,

on account of the other member's incapacity;

b

the claimant's applicable amount would include a disability premium F201... on account of the other member's incapacity but for that other member being treated as capable of work by virtue of a determination made in accordance with regulations made under section 171E of the ActM79;

F310ba

the claimant's applicable amount would include the support component or F963the other member would be a member of the work-related activity groupF962... on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations F738or the Employment and Support Allowance Regulations 2013;

c

the claimant (within the meaning of regulation 2) is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

F311ca

the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations F739or the Employment and Support Allowance Regulations 2013 for a continuous period of not less than 196 days and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

d

there is payable in respect of him one or more of the following pensions or allowances—

i

long-term incapacity benefit or short-term incapacity benefit at the higher rate under Schedule 4 to the Act;

ii

attendance allowance under section 64 of the Act;

F1349iia

pension age disability payment;

iii

severe disablement allowance under section 68 of the Act;

iv

disability living allowance under section 71 of the Act;

F1173iva

child disability payment;

v

increase of disablement pension under section 104 of the Act;

vi

a pension increase F384paid as part of a war disablement pension or under an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v) above;

F312vii

main phase employment and support allowance;

F694viii

personal independence payment;

F1207viiia

adult disability payment;

F695ix

armed forces independence payment;

e

a pensionF796, allowance or payment to which head (ii), (iv), (v), (vi) or (viii) of sub-paragraph (d) above refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient F10, which in this regulation shall mean a person (other than a person who is serving a sentence of imprisonment or detention in a youth custody institution) who is regarded as receiving free in-patient treatment within the meaning of F39regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations 2005;

F1350ea

a pension age disability payment was payable on account of his incapacity but has ceased to be payable in accordance with regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;

f

sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Northern Ireland; or

g

he has an invalid carriage or other vehicle provided to him by the Secretary of State under section 5(2)(a) of and Schedule 2 to the National Health Service Act 1977 M80or by Scottish Ministers under section 46 of the National Health Service (Scotland) Act 1978 M81or provided by the F202Department of Health, Social Services and Public Safety in Northern Ireland under Article 30(1) of the Health and Personal Social Services (Northern Ireland) Order 1972.

12

For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.

F30512A

For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.

13

For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—

a

in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;

F1174aa

in respect of whom child disability payment is payable;

F827b

who is certified as severely sight impaired or blind by a consultant ophthalmologist;

c

who ceased to be F828certified as severely sight impaired or blind within the period beginning 28 weeks before the first Monday in September following that person's fifteenth birthday and ending on the day preceding the first Monday in September following that person's sixteenth birthdayF696; F697...

d

in respect of whom personal independence payment is payable, F797has ceased to be payable solely by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 ActF698; or

F1208da

in respect of whom adult disability payment is payable, or has ceased to be payable solely by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022

e

in respect of whom armed forces independence payment is payable.

14

For the purposes of—

a

paragraph (1) a person on maternity leave, paternity leaveF839, shared parental leaveF1096, parental bereavement leave or adoption leave shall be treated as if she is engaged in remunerative work for the period specified in sub-paragraph (b) (“the relevant period”) provided that—

i

in the week before the period of maternity leave, paternity leaveF840, shared parental leaveF1100, parental bereavement leave or adoption leave began she was in remunerative work;

ii

the claimant is incurring relevant child care charges within the meaning of paragraph (5); and

whether or not sub-paragraph (a)(i) or (ii) applies, where a claimant's earnings fluctuate, over such other period preceding the benefit week in which the claim is made or treated as made as may, in any particular case, enable his average weekly earnings to be estimated more accurately.

2

Where the claimant has been in his employment for less than the period specified in paragraph (1)(a)(i) or (ii)—

a

if he has received any earnings F845or expects to receive an amount of earnings for the period that he has been in that employment and those earnings are likely to represent his average weekly earnings from that employment his average weekly earnings shall be estimated by reference to those earnings;

b

in any other case, the relevant authority shall require the claimant's employer to furnish an estimate of the claimant's likely weekly earnings over such period as the relevant authority may require and the claimant's average weekly earnings shall be estimated by reference to that estimate.

3

Where the amount of a claimant's earnings changes during an award the relevant authority shall estimate his average weekly earnings by reference to his likely earnings from the employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period shall not in any case exceed 52 weeks.

4

For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Section 3 of this Part.

F844Date on which income consisting of earnings from employment as an employed earner are taken into account29A

1

A claimant’s average weekly earnings from employment estimated pursuant to regulation 29 (Average weekly earnings of employed earners) and Section 3 (Employed earners) of this Part shall be taken into account—

a

in the case of a claim, on the date that the claim was made or treated as made and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week;

b

in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week; or

c

in the case of a claim or award where the claimant’s average weekly earnings from employment change, the first day of the benefit week following the date of the change, and the beginning of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week.

Average weekly earnings of self-employed earners30

1

Where a claimant's income consists of earnings from employment as a self-employed earner his average weekly earnings shall be estimated by reference to his earnings from that employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period shall not in any case exceed a year.

2

For the purposes of this regulation the claimant's earnings shall be calculated in accordance with Section 4 of this Part.

Average weekly income other than earnings31

1

A claimant's income which does not consist of earnings shall, except where paragraph (2) applies, be estimated over such period as is appropriate in order that his average weekly income may be estimated accurately but the length of the period shall not in any case exceed 52 weeks; and nothing in this paragraph shall authorise an authority to disregard any such income other than that specified in Schedule 5.

2

The period over which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.

3

For the purposes of this regulation income other than earnings shall be calculated in accordance with Section 5 of this Part.

Calculation of average weekly income from tax credits32

1

This regulation applies where a claimant receives a tax credit.

2

Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

3

Where the instalment in respect of which payment of a tax credit is made is—

a

a daily instalment, the period is 1 day, being the day in respect of which the instalment is paid;

b

a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

c

a two weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

d

a four weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

4

For the purposes of this regulation “tax credit” means child tax credit or working tax credit.

Calculation of weekly income33

1

For the purposes of regulations 29 (average weekly earnings of employed earners), 31 (average weekly income other than earnings) and 32 (calculation of average weekly income from tax credits), where the period in respect of which a payment is made—

a

does not exceed a week, the weekly amount shall be the amount of that payment;

b

exceeds a week, the weekly amount shall be determined—

i

in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

ii

in any other case, by dividing the amount of the payment by the number equal to the number of days in the period to which it relates and multiplying the quotient by 7.

2

For the purposes of regulation 30 (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.

Disregard of changes in tax, contributions etc34

In calculating the claimant's income the appropriate authority may disregard any legislative change—

a

in the basic or other rates of income tax;

F876aa

in the Scottish basic or other rates of income tax;

b

in the amount of any personal tax F877reliefs under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007;

c

in the rates of F798national insurance contributions payable under the Act or in the lower earnings limit or upper earnings limit for Class 1 contributions under the Act F1341or, the lower or upper limits applicable to Class 4 contributions under the Act F1342...;

d

in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the Act F878or a state pension under Part 1 of the Pensions Act 2014;

e

in the maximum rate of child tax credit or working tax credit,

for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective.

SECTION 3Employed earners

Earnings of employed earners35

1

Subject to paragraph (2), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—

a

any bonus or commission;

b

any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

c

any payment in lieu of notice or any lump sum payment intended as compensation for the loss of employment but only in so far as it represents loss of income;

d

any holiday pay except any payable more than 4 weeks after termination or interruption of the employment;

e

any payment by way of a retainer;

f

any payment made by the claimant's employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant's employer in respect of—

i

travelling expenses incurred by the claimant between his home and place of employment;

ii

expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant's absence from home;

g

any award of compensation made under section 112(4) or 117(3)(a) of the Employment Rights Act 1996 M85 (remedies and compensation for unfair dismissal);

F117gg

any payment or remuneration made under section 28, 34, 64, 68 or 70 of the Employment Rights Act 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to employment tribunals);

h

any such sum as is referred to in section 112 of the Act (certain sums to be earnings for social security purposes);

i

any statutory sick pay, statutory maternity pay, F859statutory paternity pay, statutory adoption pay, F841statutory shared parental payF1101, statutory parental bereavement pay or a corresponding payment under any enactment having effect in Northern Ireland;

j

any remuneration paid by or on behalf of an employer to the claimant who for the time being is on maternity leave, paternity leave or adoption leave F842or shared parental leaveF1102, shared parental leave or parental bereavement leave or is absent from work because he is ill;

k

the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person's earnings in accordance with Part 5 of Schedule 3 to the Social Security (Contributions) Regulations 2001 M86.

2

Earnings shall not include—

a

subject to paragraph (3), any payment in kind;

b

any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

c

any occupational pension.

F457d

any payment in respect of expenses arising out of the F813claimant participating as a service user.

3

Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(k).

i

book registered under the Public Lending Right Scheme 1982; or

ii

work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982,

where the claimant is the first owner of the copyright, design, patent or trade mark, or an original contributor to the book or work concerned.

F1444

Where the claimant’s earnings consist of any items to which paragraph (3) applies, those earnings shall be taken into account over a period equal to such number of weeks as is equal to the number obtained (and any fraction shall be treated as a corresponding fraction of a week) by dividing the earnings by the amount of housing benefit which would be payable had the payment not been made plus an amount equal to the total of the sums which would fall to be disregarded from the payment under Schedule 4 (sums to be disregarded in the calculation of earnings) as appropriate in the claimant’s case.

Calculation of net profit of self-employed earners38

1

For the purposes of regulation 30 (average weekly earnings of self-employed earners) the earnings of a claimant to be taken into account shall be—

a

in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;

b

M87in the case of a self-employed earner whose employment is carried on in partnership or is that of a share fisherman within the meaning of the Social Security (Mariners' Benefits) Regulations 1975 , his share of the net profit derived from that employment, less—

i

an amount in respect of income tax and of F799national insurance contributions payable under the Act calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and

ii

one-half of the amount calculated in accordance with paragraph (11) in respect of any qualifying premium.

2

There shall be disregarded from a claimant's net profit, any sum, where applicable, specified in paragraphs 1 to 14 of Schedule 4.

3

For the purposes of paragraph (1)(a) the net profit of the employment shall, except where paragraph (9) applies, be calculated by taking into account the earnings of the employment over the assessment period less—

a

subject to paragraphs (5) to (7), any expenses wholly and exclusively incurred in that period for the purposes of that employment;

b

an amount in respect of—

i

income tax; and

ii

ii

F801national insurance contributions payable under the Act,

calculated in accordance with regulation 39 (deduction of tax and contributions for self-employed earners); and

b

one-half of the amount calculated in accordance with paragraph (11) in respect of any qualifying premium.

10

For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.

11

The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined—

a

where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;

b

in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.

12

In this regulation, “qualifying premium” means any premium which is payable periodically in respect of F92... a personal pension scheme and is so payable on or after the date of claim.

Deduction of tax and contributions of self-employed earners39

1

The amount to be deducted in respect of income tax under regulation 38(1)(b)(i), (3)(b)(i) or (9)(a)(i) (calculation of net profit of self-employed earners) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at F423... and the basic rateF883, or in the case of a Scottish taxpayer, the Scottish basic rate, of tax applicable to the assessment period less only the F884personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the F118F424basic rateF885, or the Scottish basic rate, of tax is to be applied and the amount of the personal F886reliefs deductible under this paragraph shall be calculated on a pro rata basis.

2

The amount to be deducted in respect of F802national insurance contributions under regulation 38(1)(b)(i), (3)(b)(ii) or (9)(a)(ii) shall be the total of—

F1343a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

the amount of Class 4 contributions (if any) which would be payable under section 15 of the Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable to the assessment period on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year applicable to the assessment period; but if the assessment period is less than a year, those limits shall be reduced pro rata.

3

In this regulation “chargeable income” means—

a

except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (3)(a) or, as the case may be, (4) of regulation 38;

b

in the case of employment as a child minder, one third of the earnings of that employment.

SECTION 5Other income

Calculation of income other than earnings40

1

For the purposes of regulation 31 (average weekly income other than earnings), the income of a claimant which does not consist of earnings to be taken into account shall, subject to paragraphs (2) to (7) be his gross income and any capital treated as income under regulation 41 (capital treated as income).

2

There shall be disregarded from the calculation of a claimant's gross income under paragraph (1), any sum, where applicable, specified in Schedule 5.

F873

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F874

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F674A

F87....

5

Where the payment of any benefit under the benefit Acts is subject to any deduction by way of recovery the amount to be taken into account under paragraph (1) shall be the gross amount payable.

F3135A

Where the claimant or, where the claimant is a member of a couple, his partner is receiving a contributory employment and support allowance and that benefit has been reduced under regulation 63 of the Employment and Support Allowance Regulations F740or section 11J of the Welfare Reform Act the amount of that benefit to be taken into account is the amount as if it had not been reduced.

6

Where an award of any working tax credit or child tax credit under the Tax Credits Act is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.

7

F236Paragraphs (8) and (8A) apply where—

a

a relevant payment has been made to a person in an academic year; and

b

that person abandons, or is dismissed from, his course of study before the payment to him of the final instalment of the relevant payment.

8

F237Where a relevant payment is made quarterly, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (7) applies, shall be calculated by applying the formula—

\frac{A - (B \times C)}{D}

where—

A= the total amount of the relevant payment which that person would have received had he remained a student until the last day of the academic term in which he abandoned, or was dismissed from, his course, less any deduction under regulation 64(5);

B= the number of benefit weeks from the benefit week immediately following that which includes the first day of that academic year to the benefit week which includes the day on which the person abandoned, or was dismissed from, his course;

C= the weekly amount of the relevant payment, before the application of the £10 disregard, which would have been taken into account as income under regulation 64(2) had the person not abandoned or been dismissed from, his course and, in the case of a person who was not entitled to housing benefit immediately before he abandoned or was dismissed from his course, had that person, at that time, been entitled to housing benefit;

D= the number of benefit weeks in the assessment period.

F2358A

Where a relevant payment is made by two or more instalments in a quarter, the amount of a relevant payment to be taken into account for the assessment period for the purposes of paragraph (1) in respect of a person to whom paragraph (7) applies, shall be calculated by applying the formula in paragraph (8) but as if—

A: the total amount of relevant payments which that person received, or would have received, from the first day of the academic year to the day the person abandoned the course, or was dismissed from it, less any deduction under regulation 64(5).

9

F238In this regulation—

“academic year” and “student loan” shall have the same meanings as for the purposes of Part 7;
F239“assessment period” means—
1. a
  in a case where a relevant payment is made quarterly, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes the last day of the last quarter for which an instalment of the relevant payment was payable to that person;
2. b
  in a case where the relevant payment is made by two or more instalments in a quarter, the period beginning with the benefit week which includes the day on which the person abandoned, or was dismissed from, his course and ending with the benefit week which includes—
  1. i
    the day immediately before the day on which the next instalment of the relevant payment would have been due had the payments continued; or
  2. ii
    the last day of the last quarter for which an instalment of the relevant payment was payable to that person,
  whichever of those dates is earlier;
F240“quarter” in relation to an assessment period means a period in that year beginning on—
1. a
  1st January and ending on 31st March;
2. b
  1st April and ending on 30th June;
3. c
  1st July and ending on 31st August; or
4. d
  1st September and ending on 31st December;
“relevant payment” means either a student loan or an amount intended for the maintenance of dependants referred to in regulation 59(7) or both.

10

For the avoidance of doubt there shall be included as income to be taken into account under paragraph (1)—

a

any payment to which regulation 35(2) (payments not earnings) applies; or

b

in the case of a claimant who is receiving support under section 95 or 98 of the Immigration and Asylum Act including support provided by virtue of regulations made under Schedule 9 to that Act, the amount of such support provided in respect of essential living needs of the claimant and his dependants (if any) as is specified in regulations made under paragraph 3 of Schedule 8 to the Immigration and Asylum Act.

Capital treated as income41

1

Any capital payable by instalments which are outstanding at the date on which the claim is made or treated as made, or, at the date of any subsequent revision or supersession, shall, if the aggregate of the instalments outstanding and the amount of the claimant's capital otherwise calculated in accordance with Section 6 exceeds £16,000, be treated as income.

2

Any payment received under an annuity shall be treated as income.

3

Any earnings to the extent that they are not a payment of income shall be treated as income.

4

Any Career Development Loan paid pursuant to section 2 of the 1973 Act shall be treated as income.

5

Where an agreement or court order provides that payments shall be made to the claimant in consequence of any personal injury to the claimant and that such payments are to be made, wholly or partly, by way of periodic payments, any such periodic payments received by the claimant (but not a payment which is treated as capital by virtue of this Part), shall be treated as income.

Notional income42

1

A claimant shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit.

2

Except in the case of—

a

a discretionary trust;

b

a trust derived from a payment made in consequence of a personal injury;

c

a personal pension scheme F29, occupational pension schemeF93F30... or a payment made by the Board of the Pension Protection Fund where the claimant F517has not attained the qualifying age for state pension credit;

F81d

any sum to which paragraph 45(2)(a) of Schedule 6 (capital to be disregarded) applies which is administered in the way referred to in paragraph 45(1)(a);

F81da

any sum to which paragraph 46(a) of Schedule 6 refers;

e

rehabilitation allowance made under section 2 of the 1973 Act;

f

child tax credit; or

g

working tax credit,

F458h

any sum to which paragraph (12A) applies;

any income which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by the claimant but only from the date on which it could be expected to be acquired were an application made.

F2033

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2033A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2034

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2035

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Any payment of income, other than a payment of income specified in F1113paragraph (7) or (7A), made—

a

to a third party in respect of a single claimant or a member of the family (but not a member of the third party's family) shall, where that payment is a payment of an occupational pension F31, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, be treated as possessed by that single claimant or, as the case may be, by that member;

b

to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party's family) shall, where it is not a payment referred to in sub-paragraph (a), be treated as possessed by that single claimant or by that member to the extent that it is used for the food, household fuel or, subject to paragraph (13), rent or ordinary clothing or footwear, of that single claimant or, as the case may be, of any member of that family or is used for any council tax or water charges for which that claimant or member is liable;

c

to a single claimant or a member of the family in respect of a third party (but not in respect of another member of that family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.

C107

Paragraph (6) shall not apply in respect of a payment of income made—

a

under F496or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F487, MFET LimitedF591, the Skipton Fund, the Caxton FoundationF964, the Scottish Infected Blood Support SchemeF1017, an approved blood schemeF999, the London Emergencies Trust, the We Love Manchester Emergency FundF1114, the National Emergencies Trust or the Independent Living F353Fund (2006);

b

pursuant to section 19(1)(a) of the Coal Industry Act 1994 M88 (concessionary coal);

c

pursuant to section 2 of the 1973 Act in respect of a person's participation—

i

in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker's Allowance Regulations;

ii

in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations;

iii

in the Intensive Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF188...; F450...

iv

in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations F451; or

v

in the Flexible New Deal specified in regulation 75(1)(a)(v) of those Regulations;

F575cb

in respect of a person's participation in the Mandatory Work Activity Scheme;

F641cc

in respect of a claimant's participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;

F819cd

in respect of a person’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014;

F825ce

in respect of a person’s participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014;

d

under an occupational pension scheme F32, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

i

a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person's estate under section 41 of the Solicitors (Scotland) Act 1980M89;

ii

the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

iii

the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.

F11157A

Paragraph (6) shall not apply in respect of F1193any of the following payments of income—

a

a Grenfell Tower payment;

b

a child abuse payment;

c

a Windrush payment.

in a case where the service is performed in connection with—

i

the claimant's participation in an employment or training programme in accordance with regulation 19(1)(q) of the Jobseeker's Allowance Regulations, other than where the service is performed in connection with the claimant's participation in the Intense Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF189...; or

ii

the claimant's or the claimant's partner's participation in an employment or training programme as defined in regulation 19(3) of those Regulations for which a training allowance is not payable or, where such an allowance is payable, it is payable for the sole purpose of reimbursement of travelling or meal expenses to the person participating in that programme F120; or

c

to a claimant who is participating in a work placement approved by the Secretary of State (or a person providing services to the Secretary of State) before the placement starts.

10A

In paragraph (10)(c) “work placement” means practical work experience which is not undertaken in expectation of payment.

11

Where a claimant is treated as possessing any income under any of paragraphs (1) to (8), the foregoing provisions of this Part shall apply for the purposes of calculating the amount of that income as if a payment had actually been made and as if it were actual income which he does possess.

12

Where a claimant is treated as possessing any earnings under paragraph (9) the foregoing provisions of this Part shall apply for the purposes of calculating the amount of those earnings as if a payment had actually been made and as if they were actual earnings which he does possess except that paragraph (3) of regulation 36 (calculation of net earnings of employed earners) shall not apply and his net earnings shall be calculated by taking into account those earnings which he is treated as possessing, less—

a

an amount in respect of income tax equivalent to an amount calculated by applying to those earnings F425... and the basic rate F887, or in the case of a Scottish taxpayer, the Scottish basic rate, of tax applicable to the assessment period less only the F888personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the F426basicF119rate F889, or the Scottish basic rate, of tax is to be applied and the amount of the personal F890reliefs deductible under this sub-paragraph shall be calculated on a pro rata basis;

b

an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Act in respect of those earnings if such contributions were payable; and

c

one-half of any sum payable by the claimant by way of a contribution towards an occupational or personal pension scheme.

F45912A

Paragraphs (1), (2), (6) and (9) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the F814claimant participating as a service user.

13

In paragraph (6) “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

SECTION 6Capital

Capital limit43

For the purposes of section 134(1) of the Act as it applies to housing benefit (no entitlement to benefit if capital exceeds prescribed amount), the prescribed amount is £16,000.

Calculation of capital44

1

For the purposes of Part 7 of the Act (income-related benefits) as it applies to housing benefit, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part and any income treated as capital under regulation 46 (income treated as capital).

2

There shall be disregarded from the calculation of a claimant's capital under paragraph (1), any capital, where applicable, specified in Schedule 6.

Disregard of capital of child and young person45

The capital of a child or young person who is a member of the claimant's family shall not be treated as capital of the claimant.

Income treated as capital46

1

Any bounty derived from employment to which paragraph 8 of Schedule 4 applies and paid at intervals of at least one year shall be treated as capital.

2

Any amount by way of a refund of income tax deducted from profits or emoluments chargeable to income tax under Schedule D or E shall be treated as capital.

3

Any holiday pay which is not earnings under regulation 35(1)(d) (earnings of employed earners) shall be treated as capital.

4

a personal pension scheme F34, occupational pension schemeF94F33... or a payment made by the Board of the Pension Protection Fund; or

F82e

any sum to which paragraph 45(2)(a) of Schedule 6 (capital to be disregarded) applies which is administered in the way referred to in paragraph 45(1)(a); or

F82ea

any sum to which paragraph 46(a) of Schedule 6 refers; or

f

child tax credit; or

g

working tax credit,

any capital which would become available to the claimant upon application being made, but which has not been acquired by him, shall be treated as possessed by him but only from the date on which it could be expected to be acquired were an application made.

3

Any payment of capital, other than a payment of capital specified in F1118paragraph (4) or (4A), made—

a

to a third party in respect of a single claimant or a member of the family (but not a member of the third party's family) shall, where that payment is a payment of an occupational pension F35, a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund, be treated as possessed by that single claimant or, as the case may be, by that member;

b

to a third party in respect of a single claimant or in respect of a member of the family (but not a member of the third party's family) shall, where it is not a payment referred to in sub-paragraph (a), be treated as possessed by that single claimant or by that member to the extent that it is used for the food, household fuel or, subject to paragraph (8), rent or ordinary clothing or footwear, of that single claimant or, as the case may be, of any member of that family or is used for any council tax or water charges for which that claimant or member is liable;

c

to a single claimant or a member of the family in respect of a third party (but not in respect of another member of the family) shall be treated as possessed by that single claimant or, as the case may be, that member of the family to the extent that it is kept or used by him or used by or on behalf of any member of the family.

C114

Paragraph (3) shall not apply in respect of a payment of capital made—

a

under F498or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F489, MFET Limited, the Independent Living F355Fund (2006), the Skipton Fund F593, the Caxton FoundationF966, the Scottish Infected Blood Support SchemeF1019, an approved blood schemeF1001, the London Emergencies Trust, the We Love Manchester Emergency FundF1119, the National Emergencies TrustF1280, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund;

b

pursuant to section 2 of the 1973 Act in respect of a person's participation—

i

in an employment programme specified in regulation 75(1)(a)(ii) of the Jobseeker's Allowance Regulations;

ii

in a training scheme specified in regulation 75(1)(b)(ii) of those Regulations;

iii

in the Intense Activity Period specified in regulation 75(1)(a)(iv) of those RegulationsF190...; F452...

iv

in a qualifying course within the meaning specified in regulation 17A(7) of those Regulations F453; or

v

in the Flexible New Deal specified in regulation 75(1)(a)(v) of those Regulations;

F576bb

in respect of a person's participation in the Mandatory Work Activity Scheme;

F642bc

in respect of a claimant's participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;

F820bd

in respect of a person’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014;

F826be

in respect of a person’s participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014;

c

under an occupational pension schemeF36, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

i

ii

the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

iii

the person referred to in (i) and any member of his family does not possess, or is not treated as possessing, any other income apart from that payment.

F11204A

Paragraph (3) shall not apply in respect of a payment of capital which is a Grenfell Tower payment F1195any of the following payments of capital—

F1195a

a Grenfell Tower payment;

b

a child abuse payment;

c

a Windrush payment.

F1269d

a Post Office compensation payment;

e

a vaccine damage payment.

5

Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he may be treated as if he were such sole owner or partner and in such a case—

a

the value of his holding in that company shall, notwithstanding regulation 44 (calculation of capital) be disregarded; and

b

he shall, subject to paragraph (6), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Section shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

6

For so long as the claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (5) shall be disregarded.

7

Where a claimant is treated as possessing capital under any of paragraphs (1) to (3) the foregoing provisions of this Section shall apply for the purposes of calculating its amount as if it were actual capital which he does possess.

8

In paragraph (3) “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

Diminishing notional capital rule50

1

Where a claimant is treated as possessing capital under regulation 49(1) (notional capital), the amount which he is treated as possessing—

a

in the case of a week that is subsequent to—

i

the relevant week in respect of which the conditions set out in paragraph (2) are satisfied; or

ii

a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (3);

b

in the case of a week in respect of which paragraph (1)(a) does not apply but where—

i

that week is a week subsequent to the relevant week; and

ii

b

if the claimant would, but for regulation 39(1) of the Council Tax Benefit Regulations 2006, have been entitled to council tax benefit or to an additional amount of council tax benefit in respect of the benefit week which includes the last day of the relevant week, the amount which is equal to—

i

in a case where no council tax benefit is payable, the amount to which he would have been entitled; or

ii

in any other case, the amount equal to the additional amount of council tax benefit to which he would have been entitled;

and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the council tax benefit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;

c

if the claimant would, but for regulation 51(1) of the Income Support Regulations, have been entitled to income support in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income support to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;

d

if the claimant would, but for regulation 113 of the Jobseeker's Allowance Regulations, have been entitled to an income-based jobseeker's allowance in respect of the benefit week, within the meaning of regulation 1(3) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker's allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.

F316e

if the claimant would, but for regulation 115 of the Employment and Support Allowance Regulations, have been entitled to an income-related employment and support allowance in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount must be determined by dividing the amount of the income-related employment and support allowance to which he would have been so entitled by the number equal to the number of days in that part-week and multiplying the quotient so obtained by 7.

5

The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for housing benefit and the conditions in paragraph (6) are satisfied, and in such a case—

a

sub-paragraphs (a) to (d) of paragraph (4) shall apply as if for the words “relevant week” there were substituted the words “relevant subsequent week”; and

b

subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

6

The conditions are that—

a

a further claim is made 26 or more weeks after—

i

the date on which the claimant made a claim for housing benefit in respect of which he was first treated as possessing the capital in question under regulation 49(1);

ii

in a case where there has been at least one redetermination in accordance with paragraph (5), the date on which he last made a claim for housing benefit which resulted in the weekly amount being re-determined; or

iii

the date on which he last ceased to be entitled to housing benefit,

whichever last occurred; and

b

the claimant would have been entitled to housing benefit but for regulation 49(1).

7

The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the redetermination and in such a case the higher amount shall continue to have effect.

8

For the purposes of this regulation—

a

“part-week” in paragraph (4)(b) means a period of less than a week for which council tax benefit is allowed;

b

“part-week” in paragraph (4)(c)F317, (d) and (e) means—

i

a period of less than a week which is the whole period for which income supportF318, an income-related employment and support allowance, or, as the case may be, an income-based jobseeker's allowance, is payable; and

ii

any other period of less than a week for which it is payable;

c

“relevant week” means the benefit week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 49(1)—

i

was first taken into account for the purpose of determining his entitlement to housing benefit; or

ii

was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to housing benefit on that subsequent occasion and that determination or redetermination resulted in his beginning to receive, or ceasing to receive, housing benefit;

and where more than one benefit week is identified by reference to heads (i) and (ii) of this sub-paragraph the later or latest such benefit week;

d

“relevant subsequent week” means the benefit week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.

Capital jointly held51

Except where a claimant possesses capital which is disregarded under regulation 49(5) (notional capital) where a claimant and one or more persons are beneficially entitled in possession to any capital asset they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Section shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

Calculation of tariff income from capital52

1

Except where the circumstances prescribed in paragraph F2... (4) apply to the claimant, where the claimant's capital calculated in accordance with this Part exceeds F3£6,000 it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of F3£6,000 but not exceeding £16,000.

F42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

Where the circumstances prescribed in paragraph (4) apply to a claimant and that claimant's capital calculated in accordance with this Part exceeds £10,000, it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £10,000 but not exceeding £16,000.

4

For the purposes of paragraph (3), the prescribed circumstances are that the claimant—

a

occupies residential accommodation as his home; or

b

is a person—

i

to whom on 3rd October 2005 paragraph (2) of regulation 7 of the former regulations M92 as in force on that date applied; or

ii

to whom on 3rd October 2005, paragraph (5) or paragraph (7) of regulation 7 of those Regulations as in force on that date applied and continues to apply;

5

For the purposes of paragraph (4), the claimant shall be treated as—

a

occupying residential accommodation as his home; or

b

a person to whom regulation 9(1A) as inserted by paragraph 9(3)(a) of Schedule 3 to the Consequential Provisions Regulations, applies; or

c

a person to whom regulation 9(6) as inserted by paragraph 9(5)(a) of Schedule 3 to the Consequential Provisions Regulations, applies; or

d

a person to whom regulation 9(6) as inserted by paragraph 9(7)(a) of Schedule 3 to the Consequential Provisions Regulations, applies,

in any period during which he is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17).

6

Notwithstanding paragraphs (1) F5... and (3) where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly tariff income of £1.

7

For the purposes of paragraphs (1) F5... and (3), capital includes any income treated as capital under regulation 46 (income treated as capital).

8

For the purposes of this regulation and subject to paragraph (9), “residential accommodation” means accommodation which is provided by an establishment—

a

under sections 21 to 24 of the National Assistance Act 1948 M93 (provision of accommodation) F849or under Part 1 of the Care Act 2014 (care and support) or under section 59 of the Social Work (Scotland) Act 1968 M94 (provision of residential and other establishments) F1031or under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult) where board is not available to the claimant and the home in which the accommodation is provided is either owned or managed or owned and managed by a local authority;

b

which is managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament (other than a social services authority) and provides both board and personal care for the claimant; and in this sub-paragraph, “personal care” means care which includes assistance with bodily functions where such assistance is required;

c

which is an Abbeyfield Home,

and in this definition, “board” refers to the availability to the claimant in the home in which his accommodation is provided of cooked or prepared food, where the food is made available to him in consequence solely of his paying the charge for the accommodation or any other charge which he is required to pay as a condition of occupying the accommodation, or both those charges and is made available for his consumption without any further charge to him.

9

Paragraph (8) shall not apply to residential accommodation of the type referred to in sub-paragraphs (a) to (c) of paragraph (8) where such accommodation is residential accommodation for the purpose of regulation 9 unless the claimant is a person to whom paragraphs 10, 11 or 12 of Schedule 3 to the Social Security (Care Homes and Independent Hospitals) Regulations 2005 apply M95.

PART 7Students

SECTION 1General

Interpretation53

1

In this Part—

“academic year” means the period of twelve months beginning on 1st January, 1st April, 1st July or 1st September according to whether the course in question begins in the winter, the spring, the summer or the autumn respectively but if students are required to begin attending the course during August or September and to continue attending through the autumn, the academic year of the course shall be considered to begin in the autumn rather than the summer;
“access funds” means—
1. a
  grants made under section 68 of the Further and Higher Education Act 1992 M96F1078or section 74 of the Higher Education and Research Act 2017 for the purpose of providing funds on a discretionary basis to be paid to students;
2. b
  grants made under sections 73(a) and (c) and 74(1) of the Education (Scotland) Act 1980 M97; or
3. c
  grants made under Article 30 of the Education and Libraries (Northern Ireland) Order 1993 M98 or grants, loans or other payments made under Article 5 of the Further Education (Northern Ireland) Order 1997 M99 in each case being grants, or grants, loans or other payments as the case may be, for the purpose of assisting students in financial difficulties;
4. d
  discretionary payments, known as “learner support funds”, which are made available to students in further education by institutions out of funds provided by the F525F626Secretary of State under section 14 of the Education Act 2002F862... under sections 100 and 101 of F627the Apprenticeships, Skills, Children and Learning Act 2009M100; or
5. e
  Financial Contingency Funds made available by the F385Welsh Ministers;
“college of further education” means a college of further education within the meaning of Part I of the Further and Higher Education (Scotland) Act 1992 M101;
F427“contribution” means—
1. a
  any contribution in respect of the income of a student or any person which the Secretary of State, the Scottish Ministers or an education authority takes into account in ascertaining the amount of a student's grant or student loan; or
2. b
  any sums, which in determining the amount of a student's allowance or bursary in Scotland under the Education (Scotland) Act 1980, the Scottish Ministers or education authority takes into account being sums which the Scottish Ministers or education authority consider that it is reasonable for the following persons to contribute towards the holder's expenses—
  1. i
    the holder of the allowance or bursary;
  2. ii
    the holder's parents;
  3. iii
    the holder's parent's spouse, civil partner or a person ordinarily living with the holder's parent as if he or she were the spouse or civil partner of that parent; or
  4. iv
    the holder's spouse or civil partner;
“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;
“covenant income” means the gross income payable to a full-time student under a Deed of Covenant by his parent;
“education authority” means a government department, F524a local authority as defined in section 579 of the Education Act 1996 (interpretation), a local education authority as defined in section 123 of the Local Government (Scotland) Act 1973 M102, an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986M103, any body which is a research council for the purposes of the Science and Technology Act 1965 M104 or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;
“full-time course of study” means a full-time course of study which—
1. a
  is not funded in whole or in part by the F526F628Secretary of State under section 14 of the Education Act 2002F863or under section 100 of the Apprenticeships, Children, Skills and Learning Act 2009 or by the F386Welsh Ministers or a full-time course of study which is not funded in whole or in part by the Scottish Ministers at a college of further education or a full-time course of study which is a course of higher education and is funded in whole or in part by the Scottish Ministers;
2. b
  is funded in whole or in part by the F526F628Secretary of State under section 14 of the Education Act 2002F864or under section 100 of the Apprenticeships, Skills, Children and Learning Act 2009 or by the F386Welsh Ministers if it involves more than 16 guided learning hours per week for the student in question, according to the number of guided learning hours per week for that student set out—
  1. i
    F527in the case of a course funded by the Young People’s Learning Agency for England F866... in the student’s learning agreement signed on behalf of the establishment which is funded by F865the Secretary of State for the delivery of that course; or
  2. ii
    in the case of a course funded by the F386Welsh Ministers, in a document signed on behalf of the establishment which is funded by that Council for the delivery of that course; or
3. c
  is not higher education and is funded in whole or in part by the Scottish Ministers at a college of further education and involves—
  1. i
    more than 16 hours per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff according to the number of hours set out in a document signed on behalf of the college; or
  2. ii
    16 hours or less per week of classroom-based or workshop-based programmed learning under the direct guidance of teaching staff and it involves additional hours using structured learning packages supported by the teaching staff where the combined total of hours exceeds 21 hours per week, according to the number of hours set out in a document signed on behalf of the college;
“full-time student” means a person attending or undertaking a full-time course of study and includes a student on a sandwich course;
“grant” (except in the definition of access funds means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary but does not include a payment from access funds or any payment to which paragraph 11 of Schedule 5 or F204paragraph 51 of Schedule 6 applies;
“grant income” means—
1. a
  any income by way of a grant;
2. b
  any contribution whether or not it is paid;
“higher education” means higher education within the meaning of Part 2 of the Further and Higher Education (Scotland) Act 1992;
“last day of the course” means—
1. a
  in the case of a qualifying course, the date on which the last day of that course falls or the date on which the final examination relating to that course is completed, whichever is the later;
2. b
  in any other case, the date on which the last day of the final academic term falls in respect of the course in which the student is enrolled;
“period of study” means—
1. a
  in the case of a course of study for one year or less, the period beginning with the start of the course and ending with the last day of the course;
2. b
  in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, other than the final year of the course, the period beginning with the start of the course or, as the case may be, that year's start and ending with either—
  1. i
    F428the day before the start of the next year of the course in a case where the student's grant or loan is assessed at a rate appropriate to his studying throughout the year or, if he does not have a grant or loan, where a loan would have been assessed at such a rate had he had one; or
  2. ii
    in any other case, the day before the start of the F429normal summer vacation appropriate to his course;
3. c
  in the final year of a course of study of more than one year, the period beginning with that year's start and ending with the last day of the course;
“periods of experience” means periods of work experience which form part of a sandwich course;
F1121“postgraduate loan” means a loan to a student undertaking a postgraduate master’s degree course or a postgraduate doctoral degree course pursuant to regulations made under section 22 of the Teaching and Higher Education Act 1998;
“qualifying course” means a qualifying course as defined for the purposes of Parts 2 and 4 of the Jobseeker's Allowance Regulations;
F205“sandwich course” has the meaning prescribed in regulation 2(9) of the Education (Student Support) Regulations 2008, regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007 or regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007, as the case may be;
“standard maintenance grant” means—
1. a
  except where paragraph (b) or (c) applies, in the case of a student attending or undertaking a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 2003 M105 (“the 2003 Regulations”) for such a student;
2. b
  except where paragraph (c) applies, in the case of a student residing at his parent's home, the amount specified in paragraph 3 thereof;
3. c
  in the case of a student receiving an allowance or bursary under the Education (Scotland) Act 1980 M106, the amount of money specified as “standard maintenance allowance” for the relevant year appropriate for the student set out in the Student Support in Scotland Guide issued by the Student Awards Agency for Scotland M107, or its nearest equivalent in the case of a bursary provided by a college of further education or a local education authorityF356...M108;
4. d
  in any other case, the amount specified in paragraph 2(2) of Schedule 2 to the 2000 Regulations other than in sub-paragraph (a) or (b) thereof;
“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—
1. a
  a course of study at an educational establishment; or
2. b
  a qualifying course;
“student loan” means a loan towards a student's maintenance pursuant to any regulations made under section 22 of the Teaching and Higher Education Act 1998 M109, section 73 of the Education (Scotland) Act 1980 or Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 M110 and shall include, in Scotland, a young student's bursary paid under regulation 4(1)(c) of the F206Students’ Allowances (Scotland) Regulations 2007M111.

2

For the purposes of the definition of “full-time student” in paragraph (1), a person shall be regarded as attending or, as the case may be, undertaking a full-time course of study or as being on a sandwich course—

a

subject to paragraph (3), in the case of a person attending or undertaking a part of a modular course which would be a full-time course of study for the purposes of this Part, for the period beginning on the day on which that part of the course starts and ending—

i

on the last day on which he is registered with the educational establishment as attending or undertaking that part as a full-time course of study; or

ii

on such earlier date (if any) as he finally abandons the course or is dismissed from it;

b

in any other case, throughout the period beginning on the date on which he starts attending or undertaking the course and ending on the last day of the course or on such earlier date (if any) as he finally abandons it or is dismissed from it.

3

For the purposes of sub-paragraph (a) of paragraph (2), the period referred to in that sub-paragraph shall include—

a

where a person has failed examinations or has failed to successfully complete a module relating to a period when he was attending or undertaking a part of the course as a full-time course of study, any period in respect of which he attends or undertakes the course for the purpose of retaking those examinations or that module;

b

any period of vacation within the period specified in that paragraph or immediately following that period except where the person has registered with the educational establishment to attend or undertake the final module in the course and the vacation immediately follows the last day on which he is required to attend or undertake the course.

4

In paragraph (2), “modular course” means a course of study which consists of two or more modules, the successful completion of a specified number of which is required before a person is considered by the educational establishment to have completed the course.

Treatment of students54

The provisions of Parts 2, 3 and 4 (entitlement to housing benefit, payments in respect of a dwelling, membership of a family) shall have effect in relation to students subject to the following provisions of this Part.

SECTION 2Entitlement and payments in respect of a dwelling

Occupying a dwelling as a person's home55

1

Subject to paragraph (2), a full-time student shall not be treated as occupying a dwelling as his home during any benefit week outside the period of study if he is absent from it for the whole of that week and if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

2

The provisions of paragraph (1) shall not apply to any absence occasioned by the need to enter hospital for treatment.

a supplementary requirement has been determined under paragraph 9 of Part 2 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003M115; or

F208ii

an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 2007 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority Bursaries (Scotland) Regulations 2007, in respect of expenses incurred; or

iii

a payment has been made under section 2 of the Education Act 1962 M116 or under, or by virtue of regulations made under, the Teaching and Higher Education Act 1998M117; or

iv

a grant has been made under F209regulation 37 of the Education (Student Support) Regulations 2008 or under F209regulation 39 of the Education (Student Support) Regulations (Northern Ireland) 2007; or

v

a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the F210Students Awards Regulations (Northern Ireland) 2003M118 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986M119,

on account of his disability by reason of deafness; or

j

who—

i

immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 to the Income Support (General) Regulations 1987 as then in force; or

ii

on or after that date makes a claim for income support or housing benefit (or both) and at any time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b) of those Regulations,

the sum of F1083£303 per academic year in respect of travel costs; and

b

the sum of F1084£390 per academic year towards the costs of books and equipment,

whether or not any such costs are incurred.

F564

There shall also be excluded from a student’s grant income the grant for dependants known as the parents' learning allowance paid pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 or section 22 of the Teaching and Higher Education Act 1998 F848or paid under section 63(6) of the Health Services and Public Health Act 1968.

5

2

Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenanted income shall be calculated in accordance with sub-paragraphs (a) to (d) of paragraph (1), except that—

a

the value of the standard maintenance grant shall be abated by the amount of such grant income less an amount equal to the amount of any sums disregarded under regulation 59(2)(a) to (e); and

b

the amount to be disregarded under paragraph (1)(c) shall be abated by an amount equal to the amount of any sums disregarded under regulation 59(2)(f) and (g) and (3).

Relationship with amounts to be disregarded under Schedule 562

No part of a student's covenant income or grant income shall be disregarded under F57paragraph 14 of Schedule 5 F61....

Other amounts to be disregarded63

1

For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with regulation 64 (treatment of student loans), any amounts intended for any expenditure specified in regulation 59(2) (calculation of grant income), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 59(2) or (3), 60(3), 61 (1)(a) or (c) or 64(5) (calculation of grant income, covenant income and treatment of student loans) on like expenditure.

F4312

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Treatment of student loans F916and postgraduate F1108... loans64

1

A student loan F920and a postgraduate F1123... loan shall be treated as income.

2

In calculating the weekly amount of the loan to be taken into account as income—

a

in respect of a course that is of a single academic year's duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with—

i

except in a case where head (ii) applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of the single academic year;

ii

where the student is required to start attending the course in August or where the course is less than an academic year's duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;

b

in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week the first day of which coincides with or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with or immediately precedes, the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Secretary of State, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations 2005 M122;

c

in respect of the final academic year of a course (not being a course of a single year's duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with—

i

except in a case where head (ii) applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;

ii

where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term,

Where a student is treated as possessing a postgraduate F1125... loan under paragraph (3) in respect of an academic year, the amount of that loan to be taken into account as income shall be, subject to paragraph (5), a sum equal to 30 per cent. of the maximum postgraduate F1125... loan the student is able to acquire in respect of that academic year by taking reasonable steps to do so.

5

There shall be deducted from the amount of a student's loan income—

a

the sum of F1082£303 per academic year in respect of travel costs; and

b

the sum of F1081£390 per academic year towards the cost of books and equipment,

whether or not any such costs are incurred.

F58Treatment of fee loans64A

A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.

F1312Treatment of loans for specific purposes64B

A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare is to be disregarded as income.

Treatment of payments from access funds65

1

This regulation applies to payments from access funds that are not payments to which regulation 68(2) or (3) (income treated as capital) applies.

2

A payment from access funds, other than a payment to which paragraph (3) applies, shall be disregarded as income.

3

Subject to paragraph (5) of this regulation and paragraph 34 of Schedule 5, any payments from access funds which are intended and used for food, household fuel or rent or ordinary clothing or footwear, of a single claimant or any other member of his family, and any payments from access funds which are used for any council tax or water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week.

4

For the purposes of paragraph (3), “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

5

Where a payment from access funds is made—

a

on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or

b

before the first day of the course to a person in anticipation of that person becoming a student,

that payment shall be disregarded as income.

Disregard of contribution and rent66

Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student's grant or student loan, the other partner's income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner's income.

Further disregard of student's income67

Where any part of a student's income has already been taken into account for the purposes of assessing his entitlement to a grant F923, student loan or postgraduate F1126... loan, the amount taken into account shall be disregarded in assessing that student's income.

Amounts treated as capital68

1

Any amount by way of a refund of tax deducted from a student's covenant income shall be treated as capital.

2

An amount paid from access funds as a single lump sum shall be treated as capital.

3

An amount paid from access funds as a single lump sum which is intended and used for an item other than food, household fuel, rent, ordinary clothing or footwear of a single claimant or, as the case may be, of the claimant or any other member of his family, or which is used for any council tax or water charges for which that claimant or member is liable, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.

4

In paragraph (3), “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

Disregard of changes occurring during summer vacation69

In calculating a student's income the relevant authority shall disregard any change in the standard maintenance grant, occurring in the recognised summer vacation appropriate to the student's course, if that vacation does not form part of his period of study from the date on which the change occurred to the end of that vacation.

PART 8Amount of benefit

Maximum housing benefitF17670

The amount of a person’s appropriate maximum housing benefit in any week shall be 100 per cent. of his eligible rent calculated on a weekly basis in accordance with regulations 80 and 81 (calculation of weekly amounts and rent free periods) less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

Housing benefit tapers71

The prescribed percentages for the purpose of sub-section (3)(b) of section 130 of the Act (percentage of excess of income over applicable amount which is deducted from maximum housing benefit) shall be 65 per cent.

Extended paymentsF26372

1

A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment where—

a

the claimant or the claimant’s partner was entitled to a qualifying income-related benefit;

b

entitlement to a qualifying income-related benefit ceased because the claimant or the claimant’s partner—

i

commenced employment as an employed or self-employed earner;

ii

increased their earnings from such employment; or

iii

increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more; and

c

the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.

2

For the purpose of paragraph (1)(c), a claimant or a claimant’s partner is to be treated as having been entitled to and in receipt of a qualifying income-related benefit or jobseeker’s allowance during any period of less than five weeks in respect of which the claimant or the claimant’s partner was not entitled to any of those benefits because the claimant or the claimant’s partner was engaged in remunerative work as a consequence of their participation in an employment zone programme.

3

3

Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.

4

Where—

a

a claimant is entitled to an extended payment by virtue of regulation 72(4) (early vacation of dwelling); and

b

the last benefit week before the claimant ceased to be entitled to a qualifying income-related benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 80(3)(c) (calculation of rent for a partial week),

the last benefit week for the purpose of calculating the amount of the extended payment under paragraph (1)(a) shall be the benefit week before the partial week.

5

Where—

a

a claimant was treated as occupying two dwellings as the claimant’s home under regulation 7(6) (liability to make payments in respect of two homes) at the time when the claimant’s entitlement to a qualifying income-related benefit ceased; and

b

the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,

the amount of the extended payment for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

6

No extended payment is payable for any rent free period as defined in regulation 81(1) (rent free periods).

7

Where a claimant is in receipt of an extended payment under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit; and

b

the mover, or the mover’s partner, is in receipt of an extended payment from the appropriate authority,

the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment until the end of the extended payment period.

5

The reduction of housing benefit made by the second authority under paragraph (4) is subject to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).

6

Where the last benefit week referred to in paragraph (2) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.

7

No extended payment is payable for any rent free period as defined in regulation 81(1) (rent free periods).

Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement72D

a

at the end of a period of four weeks; or

b

on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent, if that occurs first.

Amount of extended payment (qualifying contributory benefits)73B

1

For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of—

a

b

the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 73 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or

c

the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 73 did not apply to the claimant.

2

Paragraph (1) is subject to the paragraphs (3) to (6) and does not apply in the case of a mover.

3

4

Where—

a

a claimant is entitled to an extended payment (qualifying contributory benefits) by virtue of regulation 73(2) (early vacation of dwelling); and

b

the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 80(3)(c) (calculation of rent for a partial week),

the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.

5

Where—

a

b

the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,

the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

6

No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 81(1) (rent free periods).

7

Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and

b

the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,

the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.

5

6

7

No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 81(1) (rent free periods).

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement73D

1

Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 73(1)(b), that award will not cease until the end of the extended payment period.

2

Part 9 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 73B(1)(a) or 73C(2) (amount of extended payment – movers).

F729Calculation of an extended payment (qualifying contributory benefits) where the benefit cap applies73E

Where a claimant’s housing benefit in the benefit week with respect to which the extended payment (qualifying contributory benefits) is to be calculated is reduced in accordance with regulation 75D, the extended payment (qualifying contributory benefits) must be calculated using the amount of housing benefit before any such reduction is made.

Annotations:

Amendments (Textual)

F730

Pt. 8A inserted (15.4.2013) by The Benefit Cap (Housing Benefit) Regulations 2012 (S.I. 2012/2994), regs. 1, 2(5) (as amended by S.I. 2013/388, reg. 2, Sch. para. 51; S.I. 2013/546, regs. 1, 2; and S.I. 2013/591, art. 2(1), Sch. para. 48(2))

Circumstances in which a benefit cap will apply75A

Unless regulation 75E or 75F applies, a benefit cap applies where the relevant authority makes a determination that during the reference period the total amount of welfare benefits to which—

a

where the claimant is a member of a couple, each member of the couple is or jointly are entitled; or

b

in any other case, the claimant is entitled,

exceeds the relevant amount.

F930Determinations75B

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.

Manner of calculating the amount of welfare benefits75C

1

When calculating the total amount of welfare benefits, the relevant authority must use the amount of a welfare benefit to which a person is entitled unless paragraph (2), (3) or (4) applies.

2

Where the welfare benefit is housing benefit, the relevant authority—

a

where the dwelling is F809accommodation specified in regulation 75H (specified accommodation), must use the amount of nil; and

b

in any other case, must not take account of any reduction under regulation 75D and must use the amount to which the claimant would be entitled by virtue of section 130 of the Act.

3

Where the welfare benefit is an employment and support allowance, the relevant authority must disregard that benefit where a person is disqualified for receiving it by virtue of section 18 of the Welfare Reform Act.

4

Where an amount of a welfare benefit other than jobseeker’s allowance or employment and support allowance is taken into account as income in accordance with Part 6 (income and capital), or would be so taken into account if the relevant authority were required to calculate the claimant’s income, the relevant authority must use that amount.

5

The amount of a welfare benefit for the purpose of paragraph (4) includes any amount of that benefit which would have been payable but for any loss of benefit under, or by virtue of, section 6B, 7 or 9 of the Social Security Fraud Act 2001.

F931Determination of the relevant amount75CA

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

F1259£16,967 in the case of single claimants resident in Greater London;

b

F1260£25,323 in the case of all other claimants resident in Greater London;

c

F1261£14,753 in the case of single claimants not resident in Greater London;

d

F1262£22,020 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.

Reduction of housing benefit75D

1

Subject to paragraph (2), where the benefit cap applies, the relevant authority must reduce the amount of housing benefit to which the claimant is entitled by virtue of section 130 of the Act by the amount by which the total amount of welfare benefits exceeds the relevant amount.

2

Where the reduction would reduce the claimant’s housing benefit to less than the minimum amount of housing benefit provided for in regulation 75 (minimum housing benefit) , the relevant authority must reduce the claimant’s housing benefit by such amount as will leave the claimant entitled to that minimum amount.

Exception to the benefit cap: current or recent work75E

1

The benefit cap does not apply where paragraph (2) applies or during the period specified in paragraph (3).

2

This paragraph applies where the claimant is, or the claimant and the claimant’s partner are jointly, entitled to working tax credit.

3

The specified period is, where paragraph (4) applies, the consecutive period of 39 consecutive weeks starting on the day specified in paragraph (5).

4

This paragraph applies where the relevant authority is satisfied that, for at least 50 weeks out of the 52 weeks immediately preceding their last day of work, the claimant or the claimant’s partner (“P”)—

a

was employed or engaged in work for payment, or in the expectation of payment; and

b

was not entitled to income support, a jobseeker’s allowance or an employment and support allowance,

and, for the purposes of sub-paragraph (a), P is employed or engaged in work for any day on which P is on maternity leave, paternity leaveF843, adoption leaveF1104, shared parental leave or parental bereavement leave or is in receipt of statutory sick pay.

5

The specified day is the day after the last day on which P was employed or engaged in the work referred to in paragraph (4).

Exception to the benefit cap: receipt of specified benefit75F

1

The benefit cap does not apply where—

a

the claimant or the claimant’s partner is receiving an employment and support allowance under Part 1 of the Welfare Reform Act which includes a support component;

b

the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of the Act;

c

the claimant or the claimant’s partner is receiving an attendance allowance;

F1353ca

the claimant or the claimant’s partner is receiving pension age disability payment;

d

the claimant or the claimant’s partner is receiving a war pension;

e

the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving a disability living allowance;

F1177eza

the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving child disability payment;

ea

the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence paymentF1213, adult disability payment or an armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

f

the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible is entitled to a payment listed in sub-paragraph (b), (c) F1354, (ca) , (d), (e) F1189, (eza) or (ea) but—

i

that person is not receiving it under regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations 1991;

F1355ia

in the case of pension age disability payment, that payment is not payable in accordance with regulation 19 (effect of admission to a care home on ongoing entitlement to pension age disability payment) or regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;

ii

it is withheld under article 53 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (maintenance in hospital or an institution);

iii

that person is not receiving it under regulation 8 (hospitalisation) or regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991;

iv

that payment is not payable in accordance with regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the Welfare Reform Act 2012;

F1214iva

in the case of adult disability payment, that payment is not payable in accordance with regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) or regulations 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022.

F1190v

that person is not receiving it under regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the DACYP Regulations;

g

the claimant is receiving universal credit.

F932h

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;

F1287ha

the claimant, the claimant's partner, or a young person for whom the claimant or the claimant's partner is responsible, is entitled to carer support payment;

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.

2

In this regulation “war pension” has the meaning in regulation 2 (interpretation) and includes—

a

a guaranteed income payment;

b

a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

c

a payment which is made under any of—

i

the Order in Council of 19th December 1881;

ii

the Royal Warrant of 27th October 1884;

iii

the Order by His Majesty of 14th January 1922,

to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown and whose service in such capacity terminated before 31st March 1973

d

a pension paid by the government of a country outside Great Britain which is analogous to a war pension or any of the pensions or payments mentioned in sub-paragraphs (a) to (c).

Interpretation75G

For the purposes of section 96 of the Welfare Reform Act 2012 and this Part—

“couple” has the meaning in regulation 2 unless the claimant is a member of a polygamous marriage, in which case it means the claimant and the member of the polygamous marriage to whom the claimant was first married and references to the claimant’s partner are to that member of that marriage;
“reference period” means a benefit week;
“relevant amount” F933means the amount determined in accordance with regulation 75CA;
F934...

where the claimant receives care, support or supervision.

6

In this regulation—

F1250...
F1250...
F1250...
“relevant body” means a—
1. a
  council for a county in England for each part of whose area there is a district council;
2. b
  housing association;
3. c
  registered charity; or
4. d
  voluntary organisation.

PART 9Calculation of weekly amounts and changes of circumstances

Date on which entitlement is to commence76

1

Subject to F6paragraphs (2) and (3), a person who makes a claim and is otherwise entitled to housing benefit shall be entitled to that benefit from the benefit week following the date on which his claim is or is treated as made.

2

Where a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made, he shall be so entitled from that benefit week.

F73

A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—

a

he is otherwise entitled to housing benefit;

b

paragraph (2) does not apply to him; and

F78c

he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (4) which he occupies as his home.

F794

The accommodation referred to in paragraph (3)(c) is—

a

a hostel;

b

board and lodging accommodation where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987;

c

accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or

d

accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.

5

In this regulation—

“board and lodging accommodation” means—
1. a
  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 a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or
2. b
  accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,
but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel; and
“Housing Revenue Account” has the same meaning as for the purposes of Part VIII of the Social Security Administration Act 1992.

Date on which housing benefit is to endF27777

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceasesF27878

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date on which change of circumstances is to take effect79

1

Except in cases where F101regulation 34 (disregard of changes in tax, contributions, etc) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and the following provisions of this regulation, and to F178regulation 80(5)), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

one or more changes of circumstances occur to which paragraph (1) applies; and

c

no other change of circumstances occurs to which this regulation applies,

any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.

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 F705the Act,F704Part 4 of the 2012 ActF706or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, 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.

7

Without prejudice to paragraph (6), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

F168

Subject to paragraph (9), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, F80... in which case that change shall take effect on the day on which it actually occurs.

9

Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as F346occupying the former dwelling in accordance with whichever of those regulations applies in his case.

F12310

Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.

Calculation of weekly amounts80

F1531

~~A person's entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.~~

2

~~The weekly amount of a claimant's eligible rent shall be—~~

a

~~subject to~~ ~~F17paragraph (4)~~, where rent is payable at intervals of one week or a multiple thereof, the amount of eligible rent payable weekly or, where it is payable at intervals of a multiple of a week, the amount determined by dividing the amount of eligible rent payable by the number equal to the number of weeks in respect of which it is payable; or

F18b

subject to paragraph (4), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

c

subject to paragraph (4), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

F193

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

F204

~~In a case—~~

a

~~to which~~ ~~F64regulation 76(2) or (3)~~ (date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;

b

where a change of circumstances takes effect in a benefit week under regulation 79(2A), (but is not a change described in sub-paragraph (c)(ii) of this regulation), (2B), (8) or (9) other than on the Monday of a benefit week then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his daily rent by the appropriate number of days in that benefit week;

c

~~where—~~

i

~~the amount of eligible rent which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 79(2), or~~

ii

~~the claimant—~~

aa

~~moves to a new dwelling occupied as the home,~~

bb

~~he is not entitled to be treated, immediately after that move, as occupying two dwellings as his home or as occupying his former dwelling as his home, and~~

cc

~~that change of circumstances takes effect under regulation 79(2A),~~

other than on the Monday of a benefit week, then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.

5

~~In the case of a claimant whose weekly eligible rent falls to be calculated in accordance with paragraph~~ ~~F21(4)(a) or (b)~~ by reference to the daily rent in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent by reference to the amounts determined in his case in accordance with Parts 5 to 8 (applicable amounts, income and capital, students and amount of benefit).

F2796

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

7

In any case where a claimant has received an extended payment or an extended payment (severe disablement allowance and incapacity benefit), his entitlement shall be adjusted in such circumstances and by such amount as are prescribed in Part 3 of Schedule 7 or paragraph 9 of Schedule 8, as the case may be.

8

Any amount determined under these Regulations may, if it is appropriate, be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.

F229

~~In this regulation “daily rent” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) is appropriate in each case.~~

10

Where a claimant is entitled to benefit in respect of two (but not more than two) dwellings in accordance with regulation 7(6) his eligible rent shall be calculated in respect of each dwelling in accordance with this regulation.

F1531

A person’s entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.

2

The weekly amount of a claimant’s eligible rent shall be—

a

subject to paragraph (3), where rent is payable at intervals of one week or a multiple thereof, the amount of eligible rent payable weekly or, where it is payable at intervals of a multiple of a week, the amount determined by dividing the amount of eligible rent payable by the number equal to the number of weeks in respect of which it is payable; or

b

subject to paragraph (3), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

c

subject to paragraph (3), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

3

In a case—

a

to which regulation 76(2) or (3) (date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;

b

c

where—

i

the amount of eligible rent which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 79(2); or

ii

the claimant—

aa

moves to a new dwelling occupied as the home,

bb

he is not entitled to be treated, immediately after that move, as occupying two dwellings as his home or as occupying his former dwelling as his home, and

cc

that change of circumstances takes effect under regulation 79(2A),

4

In the case of a claimant whose weekly eligible rent falls to be calculated in accordance with paragraph (3)(a) or (b) by reference to the daily rent in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent by reference to the amounts determined in his case in accordance with Parts 5 to 8 (applicable amounts, income and capital, students and amount of benefit).

5

Where a change in the amount of a claimant’s applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent to which paragraph (3)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent.

6

Where a change in the amount of a claimant's applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent to which paragraph (4)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent.

7

8

In this regulation “daily rent” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) is appropriate in each case.

9

Rent free periods81

F1531

This regulation applies to a claimant for any period (referred to in this regulation as a rent free period) in, or in respect of, which he is not liable to pay rent except for any period to which regulation 8(1)(d) (waiver of rent by landlord in return for work done) applies.

F232

In the case of the beginning or ending of a claimant’s rent-free period, his eligible rent for the benefit week in which the rent free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 80(4) applies.

3

For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case—

a

in a case to which regulation 80(2)(a) applies, the amounts determined in his case in accordance with Parts 5 to 8 (applicable amounts, income and capital, students and amount of benefit) shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

b

~~subject to paragraph (4), in a case to which regulation 80(2)(b)~~ ~~F24or (c)~~ applies, the amounts determined in his case in accordance with Parts 5 to 8 shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

4

In a case to which paragraph (3)(b) applies, where either regulation 80(5) or (6) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant's eligible rent.

F1531

2

3

a

b

subject to paragraph (4), in a case to which regulation 80(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts 5 to 8 shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

4

In a case to which paragraph (3)(b) applies, where either regulation 80(4) or (5) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant’s eligible rent.

PART 10Claims

Who may claimC282

1

In the case of a couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the relevant authority shall determine.

2

Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and—

a

a F124deputy has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or

b

in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 M123 who has power to claim or, as the case may be, receive benefit on his behalf; or

c

an attorney with a general power or a power to claim or as the case may be, receive benefit, has been appointed by that person under F125the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise,

that F124deputy, judicial factor, guardian or attorney, as the case may be, may make a claim on behalf of that person.

3

Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

4

Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—

a

it may at any time revoke the appointment;

b

the person appointed may resign his office after having given 4 weeks notice in writing to the relevant authority of his intention to do so;

c

any such appointment shall terminate when the relevant authority is notified that a F124deputy or other person to whom paragraph (2)(b) or (c) applies has been appointed.

5

Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf for the purposes of the Act F733or under regulation 57 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 the relevant authority may, if that person agrees, treat him as if he had been appointed by them under paragraph (3).

6

Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the F124deputy, judicial factor, guardian or attorney, if any, or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the relevant authority for any sum paid.

F2437

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Time and manner in which claims are to be made83

1

F73Subject to F248paragraphs (4A) to (4AE), every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

2

The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.

3

Each relevant authority shall notify the Secretary of State of the address to which claims delivered or sent to the appropriate DWP office are to be forwarded.

4

A claim F74in writing—

a

may be sent or delivered to the appropriate DWP office where the claimant or his partner is also claiming income support, incapacity benefit, state pension creditF322, a jobseeker's allowance or an employment and support allowance;

b

where it has not been sent or delivered to the appropriate DWP office, shall be sent or delivered to the designated office;

c

sent or delivered to the appropriate DWP office, other than one sent on the same form as a claim being made to income support, incapacity benefitF323, a jobseeker's allowance or an employment and support allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, shall be forwarded to the relevant authority within two working days of the date of the receipt of the claim at the appropriate DWP office, or as soon as practicable thereafter;

F249d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F250e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

f

where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an authorised office.

F135g

may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).

F754A

Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit, a claim may be made by telephone to that telephone number.

F2444AA

If the Secretary of State agrees, where—

a

a person makes a claim for a benefit referred to in paragraph (4)(a); and

b

the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,

that person may claim housing benefit by telephone to the telephone number specified by the Secretary of State.

4AB

A claim for housing benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).

4AC

If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified)—

a

furnishes the Secretary of State with such information or evidence as he may require; or

b

notifies the Secretary of State of any change of circumstances,

that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.

4AD

If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

a

furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or

b

notifies the Secretary of State of any change of circumstances,

that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.

4AE

A claim for housing benefit may be made in accordance with paragraphs (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.

4B

The relevant authority may determine, in any particular case, that a claim made by telephone F251in accordance with paragraph (4A) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority.

F2454BA

The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.

F2524C

A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.

4D

Where a claim made by telephone in accordance with paragraph (4A) is defective, the relevant authority F253must provide the person making it with an opportunity to correct the defect.

F2464DA

Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective—

a

the Secretary of State may provide the person making it with an opportunity to correct the defect;

b

the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so, unless it considers that it has sufficient information to determine the claim.

4E

If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, F254of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.

F2474F

If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.

5

Subject to paragraph (10), F255... the date on which a claim is made shall be—

a

in a case where an award of income support F325, an income-based jobseeker's allowance or an income-related employment and support allowance has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for that income supportF326, jobseeker's allowance or employment and support allowance was received at the appropriate DWP office, the first day of entitlement to income support F325, an income-based jobseeker's allowance or an income-related employment and support allowance arising from that claim; F327...

F761aa

in a case where an award of universal credit has been made to the claimant and the claim for housing benefit is made—

i

within one month of the date on which the claim for universal credit was made in accordance with regulation 8 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (“the Claims and Payments Regulations”); or

ii

in a case where the award of universal credit was made without a claim in accordance with regulation 6 (claims not required for entitlement to universal credit in certain cases) or 9(6), (7) or (10) (claims for universal credit by members of a couple) of the Claims and Payments Regulations, or the claimant was treated as making a claim for universal credit under regulation 9(8) of those Regulations, within one month of the date on which the Secretary of State sent notification of the award to the claimant,

the first day of entitlement to universal credit arising from the award;

b

in a case where the claimant or his partner is a person on F763universal credit, income supportF324, an income-based jobseeker's allowance or an income-related employment and support allowance and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate DWP office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

c

in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

F256d

except where F762sub-paragraph (a), (aa), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—

i

a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or

ii

a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),

the date of first notification; and

e

in any other case, the date on which the claim is received at the designated office, authorised officeF136, county offices or appropriate DWP office.

F3215A

For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under—

a

in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or

b

in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).

6

Where a claim received at the designated office F371or appropriate DWP office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.

7

Where a claimF372, which is received by a relevant authority, is defective because—

a

it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

b

it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.

F3697A

Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.

F3708

The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (8A) are satisfied.

8A

The conditions are that—

a

where paragraph (7)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

b

where paragraph (7)(b) (claim not on approved form or further information requested by relevant authority) applies—

i

the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

ii

the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,

or , in either case, within such longer period as the relevant authority may consider reasonable; or

c

where paragraph (7A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.

9

A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

F8510

Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

11

In the case of a person who has attained, or whose partner has attained, F518the age which is 17 weeks younger than the qualifying age for state pension credit, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.

F54112

Where a claimant (“C”)—

a

makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and

b

from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),

the claim is to be treated as made on the date determined in accordance with paragraph (12A).

12A

That date is the latest of—

a

the first day from which C had continuous good cause;

b

the day F874one month before the date the claim was made;

c

the day F875one month before the date when C requested that the claim should include a past period.

13

In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.

F68Electronic claims for benefit83A

A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 11.

Date of claim where claim sent or delivered to a gateway officeF25784

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date of claim where claim sent or delivered to an office of a designated authorityF25885

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the claim was made by telephone in accordance with paragraphs (4AA) to (4AE) of regulation 83, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.

6

Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.

as a result of that change of circumstance, either entitlement to that benefit will end or, where the claimant or claimant’s partner is in receipt of a contribution-based jobseeker’s allowance, the amount of that benefit will be reduced,

the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.

F514Alternative means of notifying changes of circumstances88ZA

1

In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 88(1) to notify a change of circumstances may be discharged by notifying the Secretary of State—

a

where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

b

where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

2

Paragraph (1) only applies if the authority administering the claimant’s housing benefit agrees with the Secretary of State that notifications may be made in accordance with that paragraph.

3

The Secretary of State must forward information received in accordance with paragraph (1) to the authority administering the claimant’s housing benefit.

F69Notice of changes of circumstances given electronically88A

F6131

A person may give notice of a change of circumstances required to be notified under regulation 88 by means of an electronic communication in accordance with Schedule 11.

F6142

Where—

a

the change of circumstances required to be notified is a death; and

b

the authority administering the claimant's housing benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 88ZA(1) (alternative means of notifying changes of circumstances),

a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

3

The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

4

The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's housing benefit.

PART 11Decisions on questions

Decisions by a relevant authority89

1

Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the relevant authority.

2

The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 83 and 86 being satisfied or as soon as reasonably practicable thereafter.

F2803

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of decisions90

1

An authority shall notify in writing any person affected by a decision made by it under these Regulations—

a

in the case of a decision on a claim, forthwith or as soon as reasonably practicable thereafter;

b

in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter,

and every notification shall include a statement as to the matters set out in Schedule 9.

2

A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him F543within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010), request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

3

For the purposes of paragraph (2), where a person affected who requests a written statement is not a natural person, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person's behalf.

4

The written statement referred to in paragraph (2) shall be sent to the person requesting it within 14 days or as soon as is reasonably practical thereafter.

PART 12Payments

Time and manner of payment91

1

Subject to paragraphs (2) and (3) and regulations 92 to 98 (frequency of payment of a rent allowance, and payment on account of a rent allowance, payment provisions, offsetting) the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

a

the times at which and the frequency with which a person's liability to make payment of rent arises; and

b

the reasonable needs and convenience of the person entitled thereto.

2

Where a person's entitlement to housing benefit is less than £1 weekly the relevant authority may pay that benefit at 6 monthly intervals.

3

Subject to regulations 92 to 97 (frequency of payment of and payment on account of a rent allowance, payment provisions), every authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.

F8Cases in which payments to a housing authority are to take the form of a rent allowance91A

1

Where the occupier of a dwelling is liable to make payments in respect of that dwelling to a housing authority as a result of the making of an order specified in paragraph (2), housing benefit in respect of those payments shall take the form of a rent allowance.

2

The orders specified for the purposes of paragraph (1) are—

a

the person entitled is liable to pay his rent weekly and it considers that it is in his interest that his allowance be paid weekly.

7

Subject to paragraphs (2), (3) and (5), the relevant authority may pay a rent allowance to a student once a term.

Payment on account of a rent allowance93

1

Where it is impracticable for the relevant authority to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested or which has been requested by the Secretary of State, the authority shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

a

such information which may at the time be available to it concerning the claimant's circumstances; and

b

any relevant determination made by a rent officer in exercise of the Housing Act functions.

2

The notice of award of any payment on account of a rent allowance made under paragraph (1) shall contain a notice to the effect that if on the subsequent decision of the claim the person is not entitled to a rent allowance, or is entitled to an amount of rent allowance less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to an allowance, as the case may be, will be recoverable from the person to whom the payment on account was made.

3

Where on the basis of the subsequent decision the amount of rent allowance payable differs from the amount paid on account under paragraph (1), future payments of rent allowance shall be increased or reduced to take account of any underpayment or, as the case may be, overpayment.

Payment to be made to a person entitled94

1

Subject to regulations 95 to 97 (payment to landlords, payment on death) and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.

2

Where a person other than a person who is entitled to a rent allowance made the claim and that first person is a person referred to in regulation 82(2), (3) or (5) (persons appointed to act for a person unable to act), payment may be made to that person.

3

A person entitled to a rent allowance, although able to act on his own behalf, may request in writing that the appropriate authority make payments to a person, who if a natural person must be aged 18 or more, nominated by him, and the authority may make payments to that person.

the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 96 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.

3

Where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance no such payment shall be made direct to him under paragraph (1).

Circumstances in which payment may be made to a landlord96

1

Subject to paragraph 8(4) of Schedule A1 M126 (treatment of claims for housing benefit by refugees), where regulation 95 (circumstances in which payment is to be made to a landlord) does not apply but subject to F181paragraphs (3) and (3A) of this regulation, a payment of a rent allowance may nevertheless be made to a person's landlord where—

a

the person has requested or consented to such payment;

b

payment to the landlord is in the interest of the claimant and his family;

c

the person has ceased to reside in the dwelling in respect of which the allowance was payable and there are outstanding payments of rent but any payment under this sub-paragraph shall be limited to an amount equal to the amount of rent outstanding.

2

Without prejudice to the power in paragraph (1), in any case where in the opinion of the authority—

a

the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and

b

it would be in the interests of the efficient administration of housing benefit,

a first payment of a rent allowance following the making of a decision on a claim or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 M127 may be made, in whole or in part, F544... to that landlord.

3

In a case where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant's rent allowance, the authority may either—

a

not make direct payments to the landlord in accordance with paragraph (1)F182, (3A) or (3B); or

b

make such payments to the landlord where the authority is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.

F1803A

In a case where a relevant authority has determined a maximum rent in accordance with regulation 13D—

a

sub-paragraphs (a) and (b) of paragraph (1) shall not apply; and

b

payment of a rent allowance to a person’s landlord may be made where—

i

the relevant authority considers that the claimant is likely to have difficulty in relation to the management of his financial affairs;

ii

the relevant authority considers that it is improbable that the claimant will pay his rent; or

iii

a direct payment has previously been made by the relevant authority to the landlord in accordance with regulation 95 in respect of the current award of housing benefit; F560or

iv

the relevant authority considers that it will assist the claimant in securing or retaining a tenancy.

3B

Where the relevant authority suspects that the grounds in paragraph (3A)(b)(i) or (ii) apply and is considering whether to make payments on one of those grounds, it may make a payment of a rent allowance to the person’s landlord for a period not exceeding 8 weeks.

F5614

In this regulation—

“landlord” has the same meaning as in regulation 95 and paragraph (2) of that regulation shall have effect for the purposes of this regulation; and
“tenancy” includes—
1. a
  in Scotland, any other right of occupancy; and
2. b
  in England and Wales, a licence to occupy premises.

Payment on death of the person entitled97

1

Subject to paragraphs (3) and (5) where the person entitled to an allowance has died the relevant authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.

2

For the purposes of paragraph (1) “next of kin” means in England and Wales the persons who would take beneficially on an intestacy and in Scotland the persons entitled to the moveable estate on intestacy.

3

A payment under paragraph (1) or (5) shall not be made unless the landlord, the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the relevant authority at its designated office within 12 months of the deceased's death or such longer period as the authority may allow in any particular case.

4

The authority may dispense with strict proof of title of any person claiming under paragraph (3) and the receipt of such a person shall be a good discharge to the authority for any sum so paid.

5

Subject to paragraph (3), where the relevant authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance was payable to his landlord in accordance with regulation 95 or 96, that authority shall pay to that landlord so much of that allowance as does not exceed the amount of rent outstanding at the date of the person's death.

Offsetting98

1

Where a person has been paid a sum of housing benefit under a decision which is subsequently revised or ~~F624further revised~~F624superseded or further revised or superseded, any sum paid in respect of a period covered by a subsequent decision shall be offset against arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

2

Where an amount has been deducted under regulation 104(1) (sums to be deducted in calculating recoverable overpayments) an equivalent sum shall be offset against any arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

3

No amount may be offset under paragraph (1) which has been determined to be an overpayment within the meaning of regulation 99 (meaning of overpayment).

PART 13Overpayments

Meaning of overpayment99

In this Part, “overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on the initial decision F40or as subsequently revised or superseded or further revised or superseded) and includes any amount paid on account under regulation 93 (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.

Recoverable overpayments100

1

Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

2

Subject to paragraph (4) this paragraph applies to an overpayment F41which arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.

3

In paragraph (2), “overpayment F42which arose in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

a

the relevant authority;

b

an officer or person acting for that authority;

c

an officer of—

i

the Department for Work and Pensions; or

ii

Revenue and Customs,

acting as such; or

d

a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty's Revenue and Customs,

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

4

Where in consequence of an official error, a person has been awarded rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised F43or superseded any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision F43or supersession took place, shall be recoverable.

Person from whom recovery may be sought101

1

For the purposes of section 75(3)(a) of the Administration Act M128 (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—

a

housing benefit has been paid in accordance with regulation 95 (circumstances in which payment is to be made to the landlord) or regulation 96 (circumstances in which payment may be made to a landlord);

b

the landlord has notified the relevant authority or the Secretary of State in writing that he suspects that there has been an overpayment;

F44bb

the relevant authority is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;

c

it appears to the relevant authority that, on the assumption that there has been an overpayment—

i

there are grounds for instituting proceedings against any person for an offence under section 111A or 112(1) of the Administration Act M129 (dishonest or false representations for obtaining benefit); or

ii

there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 88 (duty to notify a change of circumstances) and the overpayment occurred as a result of that deliberate failure; and

d

the relevant authority is satisfied that the landlord—

i

has not colluded with the claimant so as to cause the overpayment;

ii

has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment.

F4332

For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority—

a

subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;

b

in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or

c

in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.

F1832A

Where an overpayment is made in a case where a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received.

3

For the purposes of F184paragraphs (1) and (2A), “landlord” shall have the same meaning as it has for the purposes of regulation 95.

F453A

For the purposes of F435paragraph (2)(c), “overpayment arose in consequence of an official error” shall have the same meaning as in F45regulation 100(3) above.

F4344

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Method of recovery102

1

Without prejudice to any other method of recovery, F46a relevant authority may recover a recoverable overpayment from any person referred to in regulation 101 (persons from whom recovery may be sought) by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 98 (offsetting)) or, where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in F437regulation 105(1) (recovery of overpayments from prescribed benefits).

F4361ZA

Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1B) (recovery of overpayments from prescribed benefits), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.

F4781A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

Subject to paragraphsF479...(4) and (5), where F46a relevant authority makes deductions permitted by paragraph (1) F439or (1ZA) from the housing benefit it is paying to a claimant F440or a claimant’s partner (other than deductions from arrears of entitlement), the deduction in respect of a benefit week shall be—

a

in a case to which paragraph (3) applies, not more than the amount there specified; and

b

in any other case, not more than three times five per cent. of the personal allowance for a single claimant aged not less than 25, that five per cent. being, where it is not a multiple of five pence, rounded to the next higher such multiple.

3

Where F47a relevant authority makes deductions from housing benefit it is paying to a claimant F438or a claimant’s partner, where the claimant has, in respect of the whole or part of the recoverable overpayment—

a

been found guilty of an offence whether under a statute or otherwise;

b

made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or

c

agreed to pay a penalty under section 115A of the Administration Act M130 (penalty as an alternative to prosecution) and the agreement has not been withdrawn,

the amount deducted under paragraph (2) shall be not more than F617five times five per cent. of the personal allowance for a single claimant aged not less than 25, F618that five per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.

4

Where, in the calculation of housing benefit, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 3 to 10 of Schedule 4F480, or paragraph 10A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance RegulationsF744, regulation 39(1)(a) of the Employment and Support Allowance Regulations 2013 or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations 1995, (sums to be disregarded in the calculation of earnings) or paragraph 14 or 15 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings), the deduction under paragraph (2) may be increased by not more than half the amount of the reduction.

5

No deduction made under this regulationF481... shall be applied so as to reduce the housing benefit in respect of a benefit week to less than 50 pence.

6

In this regulation—

“admission after caution” means—
1. i
  M131in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984 ;
2. ii
  in Scotland, admission after a caution has been administered, such admission being duly witnessed by two persons; and
“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(b) of column 2 of Schedule 3 (applicable amounts).

7

This regulation shall not apply in respect of an offence committed or an admission after caution or an agreement to pay a penalty made before 2nd October 2000.

Diminution of capital103

1

Where in the case of a recoverable overpayment, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person's capital, or an error, other than one to which regulation 100(2) (effect of official error) refers, as to the amount of a person's capital, the overpayment was in respect of a period (“the overpayment period”) of more than 13 benefit weeks, the relevant authority shall, for the purpose only of calculating the amount of that overpayment—

a

at the end of the first 13 benefit weeks of the overpayment period, treat the amount of that capital as having been reduced by the amount of housing benefit overpaid during those 13 weeks;

b

at the end of each subsequent period of 13 benefit weeks, if any, of the overpayment period, treat the amount of that capital as having been further reduced by the amount of housing benefit overpaid during the immediately preceding 13 benefit weeks.

2

Capital shall not be treated as reduced over any period other than 13 benefit weeks or in any circumstances other than those for which paragraph (1) provides.

Sums to be deducted in calculating recoverable overpayments104

1

Subject to paragraph (2), in calculating the amount of a recoverable overpayment, the relevant authority shall deduct any amount of housing benefit which should have been determined to be payable F619to the person from whom the overpayment is recoverable or their partner in respect of the whole or part of the overpayment period—

a

on the basis of the claim as presented to the authority;

b

on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the decision; or

c

on the basis of the claim as it would have appeared if any change of circumstancesF48, except a change of the dwelling which the claimant occupies as his home, had been notified at the time that change occurred.

2

In the case of rent rebate only, in calculating the amount of a recoverable overpayment the relevant authority may deduct so much of any payment by way of rent in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous decision.

F482Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling104A

1

This regulation applies where an overpayment has occurred in the following circumstances—

a

a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”);

b

the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home;

c

housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A; and

d

the same relevant authority is responsible for paying the housing benefit in respect of dwelling A and dwelling B.

2

Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

3

Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

a recoverable overpayment has been made in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom a payment of housing benefit has been made; and

b

the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the overpayment.

3

In paragraph (1)(a), “benefit” has the meaning it has in section 122(1) of the Act.

Prescribed benefits106

1

The benefits prescribed for the purposes of section 75(5) and (7) M132 of the Administration Act (recovery of overpayments) are those set out in the following paragraphs.

2

Prescribed benefits within section 75(5) of the Administration Act (benefits to which a landlord or agent is entitled) are—

a

housing benefit; and

b

those benefits prescribed from time to time in regulation 105(1) (recovery of overpayments from prescribed benefits), but only in cases where—

i

an authority has, pursuant to regulation 102 (method of recovery), requested the Secretary of State to recover an overpayment of housing benefit from such benefits; and

ii

the Secretary of State is satisfied as to the matters prescribed in paragraph (3)(a) and (b) of regulation 105.

3

Housing benefit is prescribed for the purposes of section 75(5)(b) or (c) of the Administration Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).

4

Prescribed benefits within section 75(7) of the Administration Act (benefits recoverable from the county court or the sheriff court) are housing benefit and those benefits prescribed from time to time in regulation 105(1).

F685Recovery by deduction from earnings106A

1

Any overpayment which is recoverable by virtue of regulation 100 may be recovered by a relevant authority by deduction from the earnings of the person from whom it is recoverable.

2

Part 6 of the Social Security (Overpayments and Recovery) Regulations 2013 applies in relation to the recovery of overpayments by deduction from the earnings of a person specified in paragraph (1) by a relevant authority as it applies to the recovery of recoverable amounts by deduction from the earnings of persons under that Part of those Regulations by an appropriate authority

Restrictions on recovery of rent and consequent notifications107

1

Where, pursuant to section 75(5)(b) of the Administration Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as “the landlord” in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as “the tenant” in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.

2

This paragraph applies in a case where the amount recoverable from the landlord relates to an overpayment of housing benefit in relation to which the landlord has—

a

agreed to pay a penalty pursuant to section 115A of the Administration Act M133 (penalty as an alternative to prosecution); or

b

been convicted of an offence arising under the Act or any other enactment.

3

In any case to which paragraph (2) applies or will apply when recovery is made the authority that has determined that there is an overpayment and that it is recoverable from the landlord shall notify both the landlord and the tenant that—

a

the overpayment that it has recovered or that it has determined to recover (“that sum”) is or will be one to which paragraph (2) applies; and

b

the landlord has no right in relation to that sum against the tenant, and that his obligation to the landlord shall be taken to be discharged by the amount so recovered.

PART 14Information

SECTION 1Claims and information

Interpretation108

In this Section—

F137“county council” means a county council in England, but only if the council has made an arrangement in accordance with regulation 83(4)(g) or 109(3);
“local authority” means an authority administering housing benefit;
“relevant authority” means—
1. a
  the Secretary of State; or
2. b
  a person providing services to the Secretary of State;F138 or
3. c
  a county council;
“relevant information” means information or evidence relating to the administration of claims to or awards of housing benefit.

a person authorised to exercise any function of a local authority relating to housing benefit; and

b

the information or evidence requested includes relevant information;

c

the relevant authority is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and

d

provision of the information or evidence requested is considered necessary by the relevant authority to the proper performance by a local authority of its functions relating to housing benefit.

SECTION 2Information from landlords and agents and between authorities etc.

Interpretation113

In this Section—

“the notice” means the notice prescribed in regulation 118(1)(b) (circumstances for requiring information);
“relevant information” means such information as is prescribed in regulation 119 (relevant information);
“the requirer” means a person within regulation 117 (requiring information from landlords and agents), who requires information pursuant to that regulation;
“the supplier” means an appropriate person who is required, pursuant to regulations 117 and 118, to supply relevant information and any person who is not so required is not, for the purpose of supplying information pursuant to section 126A of the Administration Act M134 and these Regulations, an appropriate person.

Evidence and information required by rent officersF185114

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Where the relevant authority is required to apply to the rent officer for a determination by virtue of regulation 14(1) (requirement to refer to rent officers), it shall provide the information referred to in paragraphs (7) to (9) in the application to the rent officer.

7

In relation to the dwelling to which the claim or award relates, the relevant authority shall provide the following information—

a

the address, including any room or unit number, house or flat number or name and the postcode of the dwelling;

b

c

whether the dwelling is—

i

a detached house;

ii

a semi-detached house;

iii

a terraced house;

iv

a maisonette;

v

a detached bungalow;

vi

a semi-detached bungalow;

vii

a flat in a house;

viii

a flat in a block;

ix

a flat over a shop;

x

a bedsit or rooms or a studio flat;

xi

a hostel;

xii

a caravan, mobile home or houseboat;

xiii

board and lodgings;

xiv

a hotel;

xv

a care home;

xvi

an independent hospital; or

xvii

some other description of dwelling, and if so what;

d

whether the dwelling has central heating, a garden, a garage or a parking space;

e

how many rooms suitable for living in there are—

i

in the dwelling;

ii

in the dwelling which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

f

how many bedsitting rooms there are in the categories (e)(i) and (ii);

g

how many bedrooms there are in the categories (e)(i) and (ii);

h

how many bathrooms or toilets there are in the categories (e)(i) and (ii); and

i

such other information as the rent officer may reasonably require to make a determination.

8

In relation to the tenancy to which the claim or award relates, the relevant authority shall provide the following information—

a

the information referred to in paragraphs (3)(d) to (f) and (4);

b

if the tenancy is furnished, and if so, to what extent;

c

the rental period, whether calendar monthly, four weekly, weekly or some other period;

d

the length of the tenancy;

e

when the tenancy began and, if appropriate, when it ended;

h

the landlord’s or letting agent’s name;

i

the landlord’s or letting agent’s business address;

j

whether the landlord is a housing associationF473, private registered provider of social housing or registered social landlord; and

k

such other information as the rent officer may reasonably require to make a determination.

9

In relation to the claimant and the other occupiers of the dwelling to which the claim or award relates, the relevant authority shall provide the following information—

a

such information regarding the relationship of the claimant to the occupiers and the occupiers to each other, as is necessary for the rent officer to make the determination;

b

the age and sex of each occupier under 18;

c

whether the claimant is or may be a young individual; and

F562ca

whether F943any person mentioned in regulation 13D(3A)(a) is a person who requires overnight care;

d

any other information that is relevant to the rent officer in making the determination, including visits to the dwelling.

10

Where a rent officer serves a notice under article 5 (insufficient information) of the Rent Officers Order the relevant authority shall supply the further information required under this regulation, or confirm whether information already supplied is correct and, if it is not, supply the correct information.

11

Where the relevant authority refers a case to the rent officer in accordance with regulation 14 as in force before the coming into force of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007, it shall notify the rent officer that the referral is made in accordance with regulation 14 as in force before the coming into force of regulation 8 of those Regulations.

12

In this regulation—

“tenancy” includes—
1. a
  in Scotland, any other right of occupancy; and
2. b
  in any other case, a licence to occupy premises,
and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the jurisdiction in which the area of the relevant authority is situated.

any information required by Authority A to enable Authority A to make the payment in accordance with that paragraph; and

ii

the date on which Authority B receives any such payment.

F282Supply of information – extended payments (qualifying contributory benefits)116

1

This regulation applies for the purposes of section 122E(3) of the Administration Act (duty of an authority to supply information to another authority).

2

Information is to be disclosed by one authority to another where—

a

there is a mover who is or was in receipt of housing benefit from Authority “A”;

the date on which Authority B receives any such payment.

Requiring information from landlords and agents117

Pursuant to section 126A of the Administration Act M135 (information from landlords and agents), where a claim is made to an authority, on which a rent allowance may be awarded, then, in the circumstances prescribed in regulation 118 (circumstances for requiring information), that authority, or any person authorised to exercise any functions of the authority relating to housing benefit, may require an appropriate person to supply to that authority or person relevant information, in the manner prescribed in regulation 120 (manner of supply of information).

Circumstances for requiring information118

1

A person is required to supply information in the following circumstances—

a

he is an appropriate person in relation to any dwelling in respect of which—

i

housing benefit is being paid to an appropriate person pursuant to regulation 95 or 96 (circumstances in which payment is to be or may be made to a landlord); or

ii

a request has been made by an appropriate person or by the claimant for housing benefit to be so paid; and

b

the requirer serves upon that appropriate person, whether by post or otherwise, a written notice stating that the requirer—

i

suspects that there is or may be an impropriety in relation to a claim in respect of any dwelling wherever situate in relation to which he is an appropriate person; or

ii

is already investigating an allegation of impropriety in relation to that person.

2

In formation required to be supplied under paragraph (1) shall be supplied to the requirer at the address specified in the notice.

Relevant information119

1

The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in this Part as “the relevant information”).

2

For a supplier who falls within paragraph (4) or section 126A(2)(b) of the Administration Act (“the landlord”), the information is—

a

where the landlord is a natural person—

i

his appropriate details;

ii

the relevant particulars of any residential property in which he has an interest; and

iii

the appropriate details of any body corporate, in which he is a major shareholder or of which he is a director and which has an interest in residential property;

b

where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;

c

where the landlord is a body corporate or otherwise not a natural person, other than a charity—

i

its appropriate details;

ii

the relevant particulars of any residential property in which it has an interest;

iii

the names and addresses of any directors of it;

iv

the appropriate details of any person—

aa

who owns 20 per cent. or more of it; or

bb

of whom it owns 20 per cent. or more; and

v

the names and addresses of its major shareholders;

d

where the landlord is a charity or is a recognised body, the appropriate details relating to the landlord and particulars of the landlord's registration as a charity.

3

For a supplier who falls within section 126A(2)(c) of the Administration Act or paragraph (5)(“the agent”), the information is—

a

the name and address of any person (“his principal”)—

i

to whom the agent has agreed to make payments in consequence of being entitled to receive relevant payments: or

ii

6

For the purposes of this regulation—

“appropriate details” means the name of the person and (in the case of a company) its registered office and, in any case, the full postal address, including post code, of the principal place of business of that person and the telephone and facsimile number (if any) of that place;
“charity” means a charity which is registered under section 3 of the Charities Act 1993 M136 and is not an exempt charity within the meaning of that Act;
“major shareholder” means, where a body corporate is a company limited by shares, any person holding one tenth or more of the issued shares in that company and, in any other case, all the owners of that body;
“recognised body” has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 M137;
“relevant particulars” means the full postal address, including post code, and number of current lettings of or within that residential property and, if that property includes two or more dwellings, that address and the number of such lettings for each such dwelling;
“residential property” includes any premises, situate within the United Kingdom—
1. a
  used or which has, within the last six months, been used; or
2. b
  which may be used or is adapted for use,
as residential accommodation,

and other expressions used in this regulation and also in the Companies Act 1985 M138 shall have the same meaning in this regulation as they have in that Act.

Manner of supply of information120

1

Subject to paragraph (2), the relevant information shall be supplied—

a

in typewritten or printed form; or

b

with the written agreement of the requirer, in electronic or handwritten form,

within a period of 4 weeks commencing on the date on which the notice was sent or given.

2

Where—

a

within a period of 4 weeks commencing on the date on which the notice was sent or given, the supplier requests that the time for the supply of the relevant information be extended; and

b

the requirer provides written agreement to that request,

the time for the supply of the relevant information shall be extended to a period of 8 weeks commencing on the date on which the notice was sent or given.

Criminal offenceF262121

Any supplier who fails to supply relevant information to the requirer as, when and how required under regulations 117 to 120 shall be guilty of an offence under section 113 of the Administration Act.

F241Supply of benefit administration information between authorities121A

1

For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).

2

Where the functions of an authority (“Authority A”) relating to housing benefit are being exercised, wholly or in part, by another authority (“Authority B”)—

a

Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and

b

Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.

3

The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.

4

In paragraph (2) “Authority A” and “Authority B” include any person authorised to exercise functions relating to housing benefit on behalf of the authority in question.

5

This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.

F146PART 15Former pathfinder authorities

Annotations:

Amendments (Textual)

F146

Pt. 15 substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(4), 20(1)

Modifications in respect of former pathfinder authorities122

1

In this regulation and in Schedule 10, “former pathfinder authority” means a relevant authority specified in Part 1 of that Schedule.

2

The provisions of Part 2 of Schedule 10 apply in relation to the area of a former pathfinder authority.

Signed by authority of the Secretary of State for Work and Pensions

James PlaskittParliamentary Under Secretary of StateDepartment for Work and Pensions

C26 F1162 F1237SCHEDULE 1Ineligible service charges

Regulation 11

Annotations:

Amendments (Textual)

F1162

Sums in Sch. 1 Pt. 1 para. 2 substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(4)

F1237

Sums in Sch. 1 Pt. 1 para. 2 substituted (1.4.2022 for specified purposes, 4.4.2022 in so far as not already in force) by The Social Security Benefits Up-rating Order 2022 (S.I. 2022/292), arts. 1(3)(j), 24(4)

Modifications etc. (not altering text)

C26

Sch. 1 Pt. 1 para. 2: sum maintained (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up-rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(4)

PART 1Service charges other than for fuel

Ineligible service charges1

The following service charges shall not be eligible to be met by housing benefit—

a

charges in respect of day-to-day living expenses including, in particular, all provision of—

i

subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);

ii

laundry (other than the provision of premises or equipment to enable a person to do his own laundry);

F83iii

leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);

iv

cleaning of rooms and windows except cleaning of—

aa

communal areas; or

bb

the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the F387Welsh Ministers to the claimant or his partner, or to another person on their behalf; and

v

transport;

b

charges in respect of—

i

the acquisition of furniture or household equipment; and

ii

the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;

c

charges in respect of the provision of an emergency alarm system;

d

charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);

e

charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);

f

charges in respect of general counselling or of any other support services, whoever provides those services;

g

charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

Amount ineligible for meals2

1

Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.

2

Subject to sub-paragraph (4), where the charge includes provision for at least three meals a day, the amount shall be—

a

for a single claimant, F1328£35.35;

b

if the claimant is a member of a family—

i

for the claimant and for each member of his family aged 16 or over, F1329£35.35;

ii

for each member of his family under age 16, F1330£17.95.

3

Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than three meals a day, the amount shall be—

a

for a single claimant, F1331£23.60;

b

if the claimant is a member of a family—

i

for the claimant and for each member of his family aged 16 or over, F1332£23.60;

ii

for each member of his family under age 16, F1334£11.80.

4

For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.

5

Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be F1333£4.30.

6

Where a charge for meals includes provision for meals for a person who is not a member of the claimant's family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant's family.

7

For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.

Amount of ineligible charges3

1

Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the appropriate authority shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.

2

Subject to paragraph 2, where the relevant authority considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.

3

In sub-paragraph (2) the expression “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 12(1)(e) (rent).

4

In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.

Excessive service costs4

Subject to paragraph 2, where the relevant authority considers that the amount of a service charge to which regulation 12(1)(e) (rent) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.

PART 2Payments in respect of fuel charges

5

A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.

6

1

Where a charge is ineligible to be met by housing benefit under paragraph 5—

a

in the calculation of entitlement to a rent rebate; or

b

in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),

the amount ineligible to be met by housing benefit shall be the full amount of the service charge.

2

In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—

C30a

for heating (other than hot water) F1233£35.25;

C31b

for hot water F1234£4.10;

C33c

for lighting F1236£2.85;

C32d

for cooking F1235£4.10.

3

Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one-half of the aggregate of the amounts specified in sub-paragraphs (2)(a), (b) and (c).

4

In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.

7

1

Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall—

a

where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or

b

in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the relevant authority for the purpose of calculating the claimant's weekly eligible rent under regulation 80 (calculation of weekly amounts).

2

In a case to which regulation 81 applies (rent free periods), any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall—

a

where rent is payable weekly, or in multiples of a week, be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent; or

b

in any other case, be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

8

In this Schedule—

communal areas mean areas (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;
“fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.

F154SCHEDULE 2Excluded tenancies

~~Regulation 14~~

Annotations:

Amendments (Textual)

F154

Sch. 2 substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(3), 18 (with reg. 1(6))

1

~~An excluded tenancy is any tenancy to which any of the following paragraphs applies.~~

~~an occupier becomes or ceases to be a child who cannot share a bedroom~~ ~~F950or a member of a couple who cannot share a bedroom~~ ~~where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.~~

F6664

For the purposes of sub-paragraph (3)(d)(iii) it does not amount to a change in the composition of the household where a son, daughter, step-son or step-daughter of the claimant or the claimant’s partner who is the claimant’s non-dependant ceases to occupy the dwelling as their home because they become a member of the armed forces away on operations, or subsequently resumes occupying the dwelling as their home on ceasing to be a member of the armed forces away on operations.

~~This paragraph applies to a tenancy at a low rent within the meaning of Part 1 of the Landlord and Tenant Act 1954~~ M142 ~~or Schedule 10 to the Local Government and Housing Act 1989~~ M143.

9

~~This paragraph applies to a tenancy of any dwelling which is a bail hostel or probation hostel approved by the Secretary of State under~~ ~~F360section 13 of the Offender Management Act 2007~~M144.

10

~~This paragraph applies to a tenancy of a housing action trust established under Part 3 of the Housing Act 1988~~ M145.

~~in any other case, as in section 14 of the Housing Act 1988~~ M153~~, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,~~

~~and—~~

i

~~other expressions have the same meanings as in regulation 14(10);~~

ii

in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.

F154SCHEDULE 2Excluded tenancies

Regulation 14

1

An excluded tenancy is any tenancy to which any of the following paragraphs applies.

2

1

Subject to the following sub-paragraphs, where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—

a

the tenancy in respect of which that determination was made; and

b

11

1

Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—

a

in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;

b

in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;

c

in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996, otherwise than from a housing action trust within the meaning of Part 3 of the Housing Act 1988, or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or

d

in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990 to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968 to a housing association.

2

This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—

a

there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and

b

the local authority stated in the application for determination that—

i

the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or

ii

the rent payable for that dwelling is unreasonably high.

3

12

This paragraph applies to a shared ownership tenancy.

13

In this Schedule, “rent” shall be construed in accordance with paragraph (8) of regulation 14 (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that paragraph, has the same meaning—

a

in Scotland, as in section 25 of the Housing (Scotland) Act 1988, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;

b

in any other case, as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,

and—

i

other expressions have the same meanings as in regulation 14(8);

ii

SCHEDULE 3Applicable amounts

Regulation 22

C3 C4 C6 C8 C16 C17 C18PART 1Personal allowances

Annotations:

Modifications etc. (not altering text)

Sch. 3 Pt. 1 modified (1.4.2007 for specified purposes, 2.4.2007 in so far as not already in force) by The Social Security Benefits Up-rating Order 2007 (S.I. 2007/688), arts. 1(2)(j), 19(6), Sch. 6

Sch. 3 Pt. 1 modified (1.4.2008 for specified purposes, 7.4.2008 in so far as not already in force) by The Social Security Benefits Up-rating Order 2008 (S.I. 2008/632), arts. 1(2)(j), 19(7), Sch. 6

Sch. 3 Pt. 1 modified (for specified purposes and with effect in accordance with art. 1(3)(a) 6 of the amending S.I., in force in so far as not already in force and with effect in accordance with art. 1(3)(a) 6 of the amending S.I.) by The Social Security Benefits Up-rating Order 2009 (S.I. 2009/497), arts. 1(2)(i), 19(7), Sch. 5

Sch. 3 Pt. 1 modified (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security Benefits Up-rating Order 2010 (S.I. 2010/793), arts. 1(2)(j), 19(6), Sch. 5

C16

Sch. 3 Pt. 1 sums amended and confirmed (coming into force in accordance with art. 1(2)(j) of the amending S.I.) by The Social Security Benefits Up-rating Order 2011 (S.I. 2011/821), arts. 1(2)(j), 20(6), Sch. 5

C17

Sch. 3 Pt. 1 sums amended and confirmed (1.4.2012 for specified purposes, 2.4.2012) by The Social Security Benefits Up-rating Order 2012 (S.I. 2012/780), arts. 1(2)(j), 20(6), Sch. 5

C18

Sch. 3 Pt. 1 sums amended and confirmed (1.4.2013) by The Social Security Benefits Up-rating Order 2013 (S.I. 2013/574), arts. 1(2)(a), 19(1)(6), Sch. 5

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 22F986(1)(a) and 23F986(1)(a) and (b)—

F1340Column (1)			Column (2)
Person or couple			Amount
(1)	A single claimant who—		(1)
	(a)	is entitled to main phase employment and support allowance;		(a)	£90.50;
	(b)	is aged not less than 25;		(b)	£90.50;
	(c)	is aged less than 25.		(c)	£71.70.
(2)	Lone parent who—		(2)
	(a)	is entitled to main phase employment and support allowance;		(a)	£90.50;
	(b)	is aged not less than 18;		(b)	£90.50;
	(c)	is aged less than 18.		(c)	£71.70.
(3)	Couple where—		(3)
	(a)	the claimant is entitled to main phase employment and support allowance;		(a)	£142.25;
	(b)	at least one member is aged not less than 18;		(b)	£142.25;
	(c)	both members are aged less than 18.		(c)	£108.30.

C6F5351A

For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if—

a

each of the conditions in paragraph 21 is satisfied in relation to the claimant personally F1013or the claimant is personally a member of the work-related activity group; or

b

the claimant personally is entitled to a converted employment and support allowanceF629, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

2

1

The amount specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulations 22F985(1)(b) and 23F985(1)(c)—

Column (1)	Column (2)
Child or young person	Amount
Persons in respect of the period—
a beginning on that person's date of birth and ending on the day preceding the first Monday in September following that person's sixteenth birthday;	a F1338£83.24;
b beginning on the first Monday in September following that person's sixteenth birthday and ending on the day preceding that person's F50twentieth birthday.	b F1339£83.24.

2

In column (1) of the table in paragraph (1), “the first Monday in September” means the Monday which first occurs in the month of September in any year.

PART 2Family premium

3 F8951

F597~~...The amount for the purposes of regulations 22(c) and 23(d) in respect of a family of which at least one member is a child or young person shall be—~~

C34a

~~where the claimant is a lone parent to whom sub-paragraph (3) applies, £22.20;~~

b

~~in any other case,~~ ~~F1337£19.15~~.

F5982

~~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .~~

3

~~The amount in sub-paragraph (1)(a) shall be applicable to a lone parent—~~

a

~~who was entitled to housing benefit on 5th April 1998 and whose applicable amount on that date included the amount applicable under~~ ~~F212sub-paragraph (1)(a)~~ ~~as in force on that date; or~~

b

who was not entitled to housing benefit on 5th April 1998 because that date fell during a rent free period as defined in regulation 81(1) (rent free periods) and his applicable amount on that date would have included the amount applicable under ~~F212sub-paragraph (1)(a)~~ ~~as in force on that date; or~~

c

~~on becoming entitled to housing benefit where that lone parent—~~

i

~~had been treated as entitled to that benefit in accordance with sub-paragraph (5)(a) as at the day before the date of claim for that benefit; and~~

ii

~~was entitled to council tax benefit as at the date of claim for housing benefit,~~

~~and in respect of whom, all of the conditions specified in sub-paragraph (4) have continued to apply.~~

4

~~The conditions specified for the purposes of sub-paragraph (3) are that, in respect of the period commencing on 6th April 1998—~~

a

~~the claimant has not ceased to be entitled, or has not ceased to be treated as entitled, to housing benefit;~~

b

~~the claimant has not ceased to be a lone parent;~~

c

~~where the claimant was entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has~~ ~~F412continuously, since that date, been entitled to income support, an income-based jobseeker's allowance or an income-related employment and support allowance or a combination of those benefits~~;

d

~~where the claimant was not entitled to income support or to an income-based jobseeker's allowance on 5th April 1998, he has not become entitled to~~ ~~F413income support, an income-based jobseeker's allowance or an income-related employment and support allowance; and~~

e

~~a premium under paragraph~~ F213~~... 12~~ ~~F414or a component under paragraph 23 or 24~~ ~~has not become applicable to the claimant.~~

5

~~For the purposes of sub-paragraphs (3)(c)(i) and (4)(a), a claimant shall be treated as entitled to housing benefit—~~

a

during any period where he was not, or had ceased to be, so entitled and throughout that period, he had been awarded council tax benefit and his applicable amount included the amount applicable under paragraph 3(1)(a) of Schedule 1 to the Council Tax Benefit Regulations 2006 (lone parent rate of family premium); or

b

~~during any rent free period as defined for the purposes of regulation 81(1).~~

PART 3Premiums

4

Except as provided in paragraph 5, the premiums specified in Part 4 of this Schedule shall, for the purposes of regulations 22F987(1)(d) and 23F987(1)(e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 17 in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

F2146

- The following premiums, namely—

a

a severe disability premium to which paragraph 14 applies;

b

an enhanced disability premium to which paragraph 15 applies;

c

a disabled child premium to which paragraph 16 applies; and

d

a carer premium to which paragraph 17 applies,

may be applicable in addition to any other premium which may apply under this Schedule.

7

1

Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—

a

in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979 M154 applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; F1288...

b

any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act, or by F446Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 M155 or for any period during which he is in receipt of a training allowance F1289and

F1290c

in the case of carer support payment, any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.

2

For the purposes of the carer premium under paragraph 17, a person shall be treated as being in receipt of carer's allowance by virtue of sub-paragraph (1)(a) F1291or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance F1292or payment has been claimed remains in receipt of attendance allowance F1356, pension age disability payment, F711the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F1178, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF713, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F1217, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F714or armed forces independence payment.

Bereavement premiumF1268

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensioner Premium for persons under 75F2179

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pensioner Premium for persons 75 and overF21810

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Higher Pensioner PremiumF21911

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disability Premium12

The condition is that—

a

where the claimant is a single claimant or a lone parent, F520has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13 is satisfied; or

b

where the claimant has a partner, either—

i

the claimant F520has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13(1)(a) or (b) is satisfied by him; or

ii

his partner F520has not attained the qualifying age for state pension credit and the additional condition specified in paragraph 13(1)(a) is satisfied by his partner.

F215Additional Condition for the...F216Disability Premium13

1

Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 11 and 12 is that either—

a

the claimant or, as the case may be, his partner—

i

is in receipt of one or more of the following benefits: attendance allowance F1357, pension age disability payment, disability living allowance F1179, child disability payment, F716personal independence payment, F1218adult disability payment,F717 armed forces independence payment, the disability element or the severe disability element of working tax credit as specified in regulation 20(1)(b) and (f) of the Working Tax Credit Regulations, mobility supplement, long-term incapacity benefit under Part 2 of the Act or severe disablement allowance under Part 3 of the Act but, in the case of long-term incapacity benefit or severe disablement allowance only where it is paid in respect of him; or

ii

was in receipt of long-term incapacity benefit under Part 2 of the Act when entitlement to that benefit ceased on account of the payment of a retirement pension under that Act F891or a state pension under Part 1 of the Pensions Act 2014 and the claimant has since remained continuously entitled to housing benefit and, if the long-term incapacity benefit was payable to his partner, the partner is still a member of the family; or

iii

F25...was in receipt of attendance allowance or disability living allowance but payment of benefit has been suspended in accordance with regulations made under section 113(2) of the Act or otherwise abated as a consequence of the claimant or his partner becoming a patient within the meaning of F26regulation 28(11)(e) (treatment of child care charges); or

F804iiia

was in receipt of personal independence payment that is no longer payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act.

F1219iiib

was in receipt of adult disability payment that is no longer payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

F1358iiic

was in receipt of pension age disability payment that is no longer payable by virtue of regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;

iv

is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977 M156 (other services) or, in Scotland by the Scottish Ministers, under section 46 of the National Health Service (Scotland) Act 1978 M157 (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to the Act of 1977 (additional provisions as to vehicles) or, in Scotland by the Scottish Ministers, under section 46 of the Act of 1978; or

F830v

is certified as severely sight impaired or blind by a consultant ophthalmologist; or

b

the claimant—

i

is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act (incapacity for work); and

ii

has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

aa

in the case of a claimant who is terminally ill within the meaning of section 30B(4) of the Act M158, 196 days;

bb

in any other case, 364 days.

F8312

For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as severely sight impaired or blind, as the case may be, and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified

3

For the purposes of sub-paragraph (1)(b), once F220... the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work or to be incapable of work he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

F2214

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the 1973 Act M159 or for any period during which he is in receipt of a training allowance.

6

For the purposes of sub-paragraph (1)(b), where any two or more periods of incapacity are separated by a break of not more than 56 days, those periods shall be treated as one continuous period.

7

For the purposes of this paragraph, a reference to a person who is or was in receipt of long-term incapacity benefit includes a person who is or was in receipt of short-term incapacity benefit at a rate equal to the long-term rate by virtue of section 30B(4)(a) of the Act (short-term incapacity benefit for a person who is terminally ill), or who would be or would have been in receipt of short-term incapacity benefit at such a rate but for the fact that the rate of short-term incapacity benefit already payable to him is or was equal to or greater than the long-term rate.

8

In the case of a claimant who is a welfare to work beneficiary F222(a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations 1995 applies, and who again becomes incapable of work for the purposes of Part 12A of the Act)—

a

the reference to a period of 8 weeks in sub-paragraph (3); and

b

the reference to a period of 56 days in sub-paragraph (6),

shall in each case be treated as a reference to a period of F66104 weeks.

F3329

The claimant is not entitled to the disability premium if the claimant has, or is treated as having, limited capability for work F333...

Severe Disability Premium14

1

The condition is that the claimant is a severely disabled person.

2

For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

a

in the case of a single claimant, a lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

i

he is in receipt of attendance allowance, F718the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F1180, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF1220, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F1221, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F724or armed forces independence payment; and

ii

subject to sub-paragraph (4), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

iii

no person is entitled to, and in receipt of, a carer's allowance under section 70 of the Act F1296or carer support paymentF867or has an award of universal credit which includes the carer element in respect of caring for him;

b

in the case of a claimant who has a partner—

i

the claimant is in receipt of attendance allowance F1359, pension age disability payment, F719the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F1181, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF1222, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF1223, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F725or armed forces independence payment; and

ii

his partner is also in receipt of such an allowance F720or payment or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance F720or payment; and

iii

subject to sub-paragraph (4), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is F445entitled to and in receipt of a carer's allowance F1293or carer support paymentF867or has an award of universal credit which includes the carer element in respect of caring for only one of a couple or, in the case of a polygamous marriage, for one or more but not all the partners of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance F1294or paymentF868or has such an award of universal credit in respect of caring for either member of a couple or any partner of a polygamous marriage.

3

Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is F832severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

4

For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

a

a person receiving attendance allowance F1360, pension age disability payment, F721the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act F1182, the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP RegulationsF1224, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 Act F1225, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F723or armed forces independence payment; or

b

a person who is F833severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13(1)(a)(v) and (2).

5

For the purposes of sub-paragraph (2)(b) a person shall be treated—

a

as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

b

~~F567An enhanced disability premium shall not be applicable in respect of~~F567The condition is not satisfied if the person to whom sub-paragraph (1) refers is—

a

a claimant who—

i

is not a member of a couple or a polygamous marriage; and

ii

is a patient within the meaning of F27regulation 28(11)(e) and has been for a period of more than 52 weeks; or

b

a member of a couple or a polygamous marriage where each member is a patient within the meaning of F361regulation 28(11)(e) and has been for a period of more than 52 weeks.

Disabled child premium16

The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—

a

is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or

F1184aa

is in receipt of child disability payment; or

b

is F834severely sight impaired or blind or treated as severely sight impaired or blind within the meaning of paragraph 13; or

F568c

is a child or young person in respect of whom section 145A of the Act (entitlement to child benefit after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s deathF709; or

d

is a young person who is in receipt of personal independence payment or who would, but for F807payment ceasing by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act be so in receipt, provided that the young person continues to be a member of the familyF710; or

F1229da

is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 be so in receipt, provided that the young person continues to be a member of the family; or

e

is a young person who is in receipt of armed forces independence payment.

Carer premium17

1

The condition is that the claimant or his partner is, or both of them are, entitled to a carer's allowance under section 70 of the Act F1298or carer support payment.

2

Where a carer premium is awarded but—

a

the person in respect of whose care the carer's allowance F1299or carer support payment has been awarded dies; or

b

in any other case the person in respect of whom a carer premium has been awarded ceases to be entitled to a carer's allowance F1299or carer support payment,

the condition for the award of the premium shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).

3

The relevant date for the purposes of sub-paragraph (2) shall be—

a

where sub-paragraph (2)(a) applies, the Sunday following the death of the person in respect of whose care a carer's allowance F1300or carer support payment has been awarded or the date of death if the death occurred on a Sunday;

b

in any other case, the date on which the person who has been entitled to a carer's allowance F1300or carer support payment ceases to be entitled to that allowance F1301or payment.

4

Where a person who has been entitled to a carer's allowance F1302or carer support payment ceases to be entitled to that allowance F1303or payment and makes a claim for housing benefit, the condition for the award of the carer premium shall be treated as satisfied for a period of eight weeks from the date on which—

a

the person in respect of whose care the carer's allowance F1302or carer support payment has been awarded dies;

b

in any other case, the person who has been entitled to a carer's allowance F1302or carer support payment ceased to be entitled to that allowance F1303or payment.

Persons in receipt of concessionary payments18

For the purpose of determining whether a premium is applicable to a person under paragraphs 13 to 17, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit19

For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

PART 4Amounts of premiums specified in Part 3

Annotations:

Amendments (Textual)

F1311

Sch. 3 Pt. 4 table substituted (1.4.2024) by The Social Security Benefits Up-rating Order 2024 (S.I. 2024/242), arts. 1(3)(a), 23(8), Sch. 5

F1304

Words in Sch. 3 para. 20(6)(b)(i) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 17(4)(d)(i)

F1305

Words in Sch. 3 para. 20(6)(b)(ii) inserted (19.11.2023) by The Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 (Consequential Amendments) Order 2023 (S.I. 2023/1218), arts. 1(2), 17(4)(d)(ii)

20.

F1311Premium	Amount
5 Disability Premium—	5
a where the claimant satisfies the condition in paragraph 12(a);	a £42.50
b where the claimant satisfies the condition in paragraph 12(b).	b £60.60.
6 Severe Disability Premium—	6
a where the claimant satisfies the condition in paragraph 14(2)(a);	a £81.50;
b where the claimant satisfies the condition in paragraph 14(2)(b)—
i in a case where there is someone in receipt of carer's allowance F1304or carer support payment or who has an award of universal credit which includes the carer element under regulation 29 of the Universal Credit Regulations 2013 or if he or any partner satisfies that condition only by virtue of paragraph 14(5);	b i £81.50;
ii in a case where there is no one in receipt of such an allowance F1305, such a payment or such an award of universal credit.	b ii £163.00.
7 Disabled Child Premium.	7 £80.01 in respect of each child or young person in respect of whom the condition specified in paragraph 16 of Part 3 of this Schedule is satisfied.
8 Carer Premium.	8 £45.60 in respect of each person who satisfies the condition specified in paragraph 17.
9 Enhanced Disability Premium....	9 a £32.20 in respect of each child or young person in respect of whom the conditions specified in paragraph 15 are satisfied; b £20.85 in respect of each person who is neither— i a child or young person; nor ii a member of a couple or a polygamous marriage, in respect of whom the conditions specified in paragraph 15 are satisfied; c £29.75 where the claimant is a member of a couple or a polygamous marriage and the conditions specified in paragraph 15 are satisfied in respect of a member of that couple or polygamous marriage.

F286PART 5The F953component

Annotations:

Amendments (Textual)

F286

Sch. 3 Pts. 5, 6 added (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 23(d)

F953

Word in Sch. 3 Pt. 5 heading substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(a)(i) (with Sch. 2 paras. 1-7)

F68021

1

Subject to paragraph 22, the claimant is entitled toF971the component in paragraph 24 if—

a

the claimant or the claimant’s partner has made a claim for employment and support allowance;

b

F972the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and

c

one of the following applies—

i

the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

ii

regulation 7 of the Employment and Support Allowance Regulations F747or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the condition that the assessment phase has ended before entitlement to the support component F973... arises does not apply) applies; or

iii

the conditions in sub-paragraph (2) apply.

2

The conditions referred to in sub-paragraph (1)(c)(iii) are—

a

neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

b

either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and

c

paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.

F52821A

Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowanceF630, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

22

1

The claimant has no entitlement under paragraph F974... 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.

2

Where the claimant and the claimant’s partner each satisfies paragraph F975... 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

The work-related activity componentF97623

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The support component24

The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.

F1163 F1238PART 6Amount of F954component

Annotations:

Amendments (Textual)

F1163

Sum in Sch. 3 para. 25 substituted (1.4.2021 for specified purposes, 5.4.2021 in so far as not already in force) by The Social Security Benefits Up Rating Order 2021 (S.I. 2021/162), arts. 1(3)(j), 24(9)(a)

F1238

Sum in Sch. 3 para. 25 substituted (1.4.2022 for specified purposes, 4.4.2021 in so far as not already in force) by The Social Security Benefits Up Rating Order 2022 (S.I. 2022/292), arts. 1(3)(j), 24(9)(a)

F954

Word in Sch. 3 Pt. 6 heading substituted (3.4.2017) by The Employment and Support Allowance and Universal Credit (Miscellaneous Amendments and Transitional and Savings Provisions) Regulations 2017 (S.I. 2017/204), reg. 1, Sch. 1 para. 6(7)(b)(i) (with Sch. 2 paras. 1-7)

25

~~F977The amount of the work-related activity component is~~ ~~F1336£35.95~~.

26

The amount of the support component is F1335£47.70.

F529PART 7Transitional Addition

Annotations:

Amendments (Textual)

F529

Sch. 3 Pts. 7, 8 added (1.10.2010) by The Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010 (S.I. 2010/1907), reg. 1(2), Sch. 5 para. 69(5)(c) (with reg. 3)

27

1

The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)—

a

is entitled to a converted employment and support allowanceF631, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance); or

b

is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—

i

is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations F748or regulation 26 of the Employment and Support Allowance Regulations 2013, in either case as modified by the Employment and Support Allowance (Existing Awards) Regulations; and

ii

is not in receipt of an income-related employment and support allowance,

unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.

2

The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

a

the reduction of the transitional addition to nil in accordance with paragraph 31;

b

the termination of the claimant’s award of housing benefit;

c

the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

d

the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

F1088e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

1

This paragraph applies where—

a

the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—

i

paragraph 27(2)(b);

ii

sub-paragraph (3)(b) of this paragraph; or

iii

paragraph 29(3)(b);

b

within F63212 weeks of that termination F1089... the claimant again becomes entitled to housing benefit;

c

in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person F681satisfies the requirements of paragraph 27(1) or is entitled to an employment and support allowance which is not income-related F633and;

F634d

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

e

at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

2

Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

3

The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

a

the reduction of the transitional addition to nil in accordance with paragraph 31;

b

the termination of the claimant’s award of housing benefit;

c

the relevant person F682no longer satisfying the requirements of paragraph 27(1) or no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

d

the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

F1090e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.

2

If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.

3

Amount C is the basic amount that applies as a result of the increase.

4

Amount D is the basic amount that applied immediately before the increase.

SCHEDULE 4Sums to be disregarded in the calculation of earnings

Regulations 36(2) and 38(2)

1

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged—

a

where—

i

the employment has been terminated because of retirement; and

ii

on retirement he is entitled to a retirement pension under the Act, or is not so entitled solely because of his failure to satisfy the contribution conditions,

any earnings F127paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date on which the employment was terminated;

F892aa

where—

i

the employment has been terminated because of retirement; and

ii

on retirement he is entitled to a state pension under Part 1 of the Pensions Act 2014, or is not so entitled solely because he does not have the minimum number of qualifying years,

any earnings paid or due to be paid in respect of that employment, but only for a period commencing on the day immediately after the date the employment was terminated;

F128b

where before the first day of entitlement to housing benefit the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except—

F460i

any payment of the nature described in—

aa

regulation 35(1)(e), or

bb

section 28, 64 or 68 of the Employment Rights Act 1996 (guarantee payments, suspension from work on medical or maternity grounds); and

ii

any award, sum or payment of the nature described in—

aa

regulation 35(1)(g) or (h), or

bb

section 34 or 70 of the Employment Rights Act 1996 (guarantee payments and suspension from work: complaints to employment tribunals),

including any payment made following the settlement of a complaint to an employment tribunal or of court proceedings;

c

where before the first day of entitlement to housing benefit—

i

the employment has not been terminated, but

ii

the claimant is not engaged in remunerative work,

any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in r F461paragraph 1(b)(i) or (ii)(bb) or regulation 35(1)(i) (i) or (j).

2

In the case of a claimant who, before the F129first day of entitlement to housing benefit—

a

has been engaged in part-time employment as an employed earner or, where the employment has been outside Great Britain, would have been so engaged had the employment been in Great Britain; and

b

has ceased to be engaged in that employment, whether or not that employment has been terminated,

any earnings F130paid or due to be paid in respect of that employment except—

i

where that employment has been terminated, F131any payment of the nature described in F463paragraph 1(b)(i) or (ii)(bb) ;

ii

where that employment has not been terminated, F132any payment or remuneration of the nature described in F462paragraph 1(b)(i) or (ii)(bb) or regulation 35(1)(i) or (j).

F4152A

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 37(3) and (4) (earnings of self-employed earners) apply.

3

1

In a case to which this paragraph applies and paragraph 4 does not apply, £20; but notwithstanding regulation 25 (calculation of income and capital of members of a claimant's family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £20.

2

This paragraph applies where the claimant's applicable amount includes an amount by way of the disability premiumF336, severe disability premiumF969... or support component under Schedule 3 (applicable amounts) F970or where the claimant or the claimant’s partner is a member of the work-related activity group.

3

This paragraph applies where—

a

F223the claimant is a member of a couple and his applicable amount includes an amount by way of the disability premium under Schedule 3; and

b

he or his partner F522has not attained the qualifying age for state pension credit and at least one is engaged in employment.

F2244

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F2255

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

In a case where the claimant is a lone parent, £25.

5

1

In a case to which neither paragraph 3 nor paragraph 4 applies to the claimant, and subject to sub-paragraph (2), where the claimant's applicable amount includes an amount by way of the carer premium under Schedule 3 (applicable amounts), £20 of the earnings of the person who is, or at any time in the preceding eight weeks was, in receipt of carer's allowance F1306or carer support payment or treated in accordance with paragraph 17(2) of that Schedule as being in receipt of carer's allowance F1306or carer support payment.

2

Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.

6

Where the carer premium is awarded in respect of a claimant who is a member of a couple and whose earnings are less than £20, but is not awarded in respect of the other member of the couple, and that other member is engaged in an employment—

a

specified in paragraph 8(1), so much of the other member's earnings as would not when aggregated with the amount disregarded under paragraph 5 exceed £20;

b

other than one specified in paragraph 8(1), so much of the other member's earnings from such other employment up to £10 as would not when aggregated with the amount disregarded under paragraph 5 exceed £20.

7

In a case where paragraphs 3, 5, 6 and 8 do not apply to the claimant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 25 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.

8

1

In a case where paragraphs 3, 4, 5 and 6 do not apply to the claimant, £20 of earnings derived from one or more employments as—

F776a

a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;

F776b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

c

an auxiliary coastguard in respect of coast rescue activities;

d

a person engaged part-time in the manning or launching of a life boat;

e

a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to the Social Security (Contributions) Regulations 2001 M161;

but, notwithstanding regulation 25 (calculation of income and capital of members of claimant's family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

2

If the claimant's partner is engaged in employment—

a

specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the claimant's earnings disregarded under this paragraph exceed £20;

b

other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the claimant's earnings disregarded under this paragraph exceed £20.

9

Where the claimant is engaged in F226one or more employments specified in paragraph 8(1), but his earnings derived from such employments are less than £20 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single claimant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under F227paragraph 8 exceed £20.

10

In a case to which none of the paragraphs 3 to 9 applies, £5.

F48310A

1

Where—

a

the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;

b

the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and

c

paragraph 12 does not apply,

the amount specified in sub-paragraph (7) (“the specified amount”).

2

Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph.

3

Notwithstanding regulation 25 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

4

Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.

5

This sub-paragraph applies to a person who is—

a

in receipt of a contributory employment and support allowance;

b

in receipt of incapacity benefit;

c

in receipt of severe disablement allowance; or

d

being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.

6

“Exempt work” means work of the kind described in—

a

regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations F750or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013; or (as the case may be)

b

regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,

and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.

7

The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).

11

Any amount or the balance of any amount which would fall to be disregarded under paragraph 19 or 20 of Schedule 5 had the claimant's income which does not consist of earnings been sufficient to entitle him to the full disregarded thereunder.

12

Where a claimant is on F764universal credit, income supportF337, an income-based jobseeker's allowance or an income-related employment and support allowance, his earnings.

13

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

14

Where a payment of earnings is made in a currency other than Sterling, any banking charge or commission payable in converting that payment into Sterling.

15

Any earnings of a child or young person.

16

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 16 hours a week.

17 C351

In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under F484paragraphs 3 to 10A of this Schedule shall be increased by F511£17.10.

2

The conditions of this sub-paragraph are that—

a

the claimant, or if he is a member of a couple, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies; or

b

the claimant—

i

is, or if he is a member of a couple, at least one member of that couple is aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or

ii

is a member of a couple and—

aa

at least one member of that couple, is engaged in remunerative work for on average not less than 16 hours per week; and

bb

~~F898his applicable amount includes a family premium under paragraph 3 of Schedule 3; or~~

F898his family includes at least one child or young person;

iii

is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or

F1036iv

not being a member of a couple, is engaged in remunerative work for on average not less than 16 hours per week and—

aa

the claimant’s applicable amount includes a disability premium under paragraph 12, or the support component under paragraph 24, of Schedule 3; or

bb

the claimant is a member of the work-related activity group; or

F1036v

is a member of a couple and at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week and that member of the couple—

aa

satisfies the qualifying conditions for the disability premium under paragraph 12 or the support component under paragraph 24 of Schedule 3; or

bb

is a member of the work-related activity group; or

c

the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.

3

The following are the amounts referred to in sub-paragraph (1)—

a

the amount to be disregarded from the claimant's earnings under F545paragraphs 3 to 10A of this Schedule;

b

the amount of child care charges calculated as deductible under F228regulation 27(1)(c); and

C36c

F512 £17.10.

4

The provisions of regulation 6 shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation were a reference to 30 hours.

C12SCHEDULE 5Sums to be disregarded in the calculation of income other than earnings

Regulation 40

Annotations:

Modifications etc. (not altering text)

C12

Sch. 5 modified (22.11.2010) by The Jobseekers Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 16

1

Any amount paid by way of tax on income which is to be taken into account under regulation 40 (calculation of income other than earnings).

F570A2

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.

F577A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme.

F817A4

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014.

F823A5

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014.

2

Any payment in respect of any expenses incurred or to be incurred by a claimant who is—

a

engaged by a charitable or voluntary organisation; or

b

a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 42(9) (notional income).

F4542A

Any payment in respect of expenses arising out of the F815claimant participating as a service user.

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

Where a claimant is on F765universal credit, income supportF338, an income-based jobseeker's allowance or an income-related employment and support allowance the whole of his income.

5

Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Act and his partner is on an income-based jobseeker's allowance, the whole of the claimant's income.

6

Any disability living allowanceF727, armed forces independence paymentF726or personal independence payment.

7

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

a

any payment specified in paragraph 6 or 9;

b

income support;

c

an income-based jobseeker's allowance.

F339d

an income-related employment and support allowance.

F751e

universal credit

8

Any mobility supplement under F388article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006M162 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 M163 or any payment intended to compensate for the non-payment of such a supplement.

9

Any attendance allowance.

10

Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.

11

1

Any payment—

a

by way of an education maintenance allowance made pursuant to—

i

regulations made under section 518 of the Education Act 1996 M164 (payment of school expenses; grant of scholarships etc.);

ii

regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980 M165 (power to assist persons to take advantage of educational facilities);

F389iii

directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; F599...

b

corresponding to such an education maintenance allowance, made pursuant to—

i

section 14 or section 181 of the Education Act 2002 M166 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or

ii

regulations made under section 181 of that ActF600; or

c

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.

2

Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

a

regulations made under section 518 of the Education Act 1996;

b

regulations made under section 49 of the Education (Scotland) Act 1980; or

F390c

directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance F601or other payment made pursuant to any provision specified in sub-paragraph (1).

12

Any payment made to the claimant by way of a repayment under regulation 11(2) of the Education (Teacher Student Loans) (Repayment etc) Regulations 2002 M167.

13

1

M168Any payment made pursuant to section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990 except—

a

a payment made as a substitute for income support, a jobseeker's allowance, incapacity benefitF506, severe disablement allowance or an employment and support allowance;

b

a payment of an allowance referred to in section 2(3) of the 1973 Act or section 2(5) of the Enterprise and New Towns (Scotland) Act 1990;

c

a payment intended to meet the cost of living expenses which relate to any one or more of the items specified in sub-paragraph (2) whilst a claimant is participating in an education, training or other scheme to help him enhance his employment prospects unless the payment is a Career Development Loan paid pursuant to section 2 of the 1973 Act and the period of education or training or the scheme, which is supported by that loan, has been completed; or

d

for the purpose only of assessing entitlement to housing benefit in respect of a dwelling other than the one which the claimant normally occupies as his home, a payment made to a person to whom regulation 7(5)(b) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) applies to the extent that the payment is made in respect of the cost of living away from home.

2

The items specified in this sub-paragraph for the purposes of sub-paragraph (1)(c) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

3

For the purposes of this paragraph, “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

14

1

Subject to sub-paragraph (2), any of the following payments—

a

a charitable payment;

b

a voluntary payment;

c

a payment (not falling within sub-paragraph (a) or (b) above) from a trust whose funds are derived from a payment made in consequence of any personal injury to the claimant;

d

a payment under an annuity purchased—

i

pursuant to any agreement or court order to make payments to the claimant; or

ii

b

widowed parent's allowance paid pursuant to section 39A of the Act M170.

17

1

Any income derived from capital to which the claimant is or is treated under regulation 51 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 4, 8, 14 or 25 to 28 of Schedule 6.

2

Income derived from capital disregarded under paragraphs 2, 4 or 25 to 28 of Schedule 6 but only to the extent of—

a

any mortgage repayments made in respect of the dwelling or premises in the period during which that income accrued; or

b

any council tax or water charges which the claimant is liable to pay in respect of the dwelling or premises and which are paid in the period during which that income accrued.

3

The definition of “water charges” in regulation 2(1) shall apply to sub-paragraph (2) of this paragraph with the omission of the words “in so far as such charges are in respect of the dwelling which a person occupies as his home”.

F23018

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

19

Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—

a

under, or pursuant to regulations made under powers conferred by, sections 1 or 2 of the Education Act 1962 or section 22 of the Teaching and Higher Education Act 1998 M171, that student's award;

b

under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980 M172, that student's bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or

c

the student's student loan,

an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

20

1

Where the claimant is the parent of a student aged under 25 in advanced education who either—

a

is not in receipt of any award, grant or student loan in respect of that education; or

b

is in receipt of an award under section 2 of the Education Act 1962 or an award bestowed by virtue of the Teaching and Higher Education Act 1998, or regulations made thereunder, or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,

and the claimant makes payments by way of a contribution towards the student's maintenance, other than a parental contribution falling within paragraph 19, an amount specified in sub-paragraph (2) in respect of each week during the student's term.

2

For the purposes of sub-paragraph (1), the amount shall be equal to—

a

the weekly amount of the payments; or

b

the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

21

Any payment made to the claimant by a child or young person or a non-dependant.

22

Where the claimant occupies a dwelling as his home and the dwelling is also occupied by a person other than one to whom paragraph 21 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—

F145a

where 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, is less than £20, the whole of that amount; or

b

where the aggregate of any such payments is £20 or more per week, £20.

23

1

Any income in kind, except where regulation 40(10)(b) (provision of support under section 95 or 98 of the Immigration and Asylum Act in the calculation of income other than earnings) applies.

2

The reference in sub-paragraph (1) to “income in kind” does not include a payment to a third party made in respect of the claimant which is used by the third party to provide benefits in kind to the claimant.

24

Any income which is payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.

25

1

Any payment made to the claimant in respect of a person who is a member of his family—

a

pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 M173 or F231in accordance with a scheme approved by the Scottish Ministers under F393section 51A of the Adoption (Scotland) Act 1978 M174 (schemes for payments of allowances to adopters) F584or in accordance with a scheme made under section 71 (adoption allowance schemes) of the Adoption and Children (Scotland) Act 2007;

F394b

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F468ba

which is a payment made by a local authority in pursuance of section 15(1) of, and paragraph 15 of Schedule 1 to, the Children Act 1989 (local authority contribution to a child’s maintenance where the child is living with a person as a result of a F810child arrangements order) or in Scotland section 50 of the Children Act 1975 (payments towards maintenance of children);

c

which is a payment made by an authority, as defined in Article 2 of the Children Order, in pursuance of Article 15 of, and paragraph 17 of Schedule 1 to, that Order (contribution by an authority to child's maintenance);

d

in accordance with regulations made pursuant to section 14F of the Children Act 1989 M175 (special guardianship support services).

F564...

2

Any payment, other than a payment to which sub-paragraph (1)(a) applies, made pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002.

F5653

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F54626

Any payment made to the claimant with whom a person is accommodated by virtue of arrangements made—

a

by a local authority under—

i

F1037section 22C(2) of the Children Act 1989 (ways in which looked after children are to be accommodated and maintained),

F1038ia

section 81(2) of the Social Services and Well-being (Wales) Act 2014 (ways in which looked after children are to be accommodated and maintained),

ii

section 26 of the Children (Scotland) Act 1995 (manner of provision of accommodation to child looked after by local authority), or

iii

regulations 33 or 51 of the Looked After Children (Scotland) Regulations 2009 (fostering and kinship care allowances and fostering allowances); or

b

by a voluntary organisation under section 59(1)(a) of the Children Act 1989 (provision of accommodation by voluntary organisations).

27

Any payment made to the claimant or his partner for a person (“the person concerned”), who is not normally a member of the claimant's household but is temporarily in his care, by—

a

a health authority;

b

a local authority but excluding payments of housing benefit made in respect of the person concerned;

c

a voluntary organisation;

d

the person concerned pursuant to section 26(3A) of the National Assistance Act 1948 M176; F395...

dza

F852the person concerned where the payment is for the provision of accommodation in respect of the meeting of that person’s needs under section 18 or 19 of the Care Act 2014 (duty and power to meet needs for care and support);

F1039dzb

the person concerned where the payment is for the provision of accommodation to meet that person’s needs for care and support under section 35 or 36 of the Social Services and Well-being (Wales) Act 2014 (duty and power to meet care and support needs of an adult);

F670da

b

meet any amount due by way of premiums on—

i

that policy; or

ii

in a case to which sub-paragraph (1)(a) applies, an insurance policy taken out to insure against loss or damage to any building or part of a building which is occupied by the claimant as his home and which is required as a condition of the loan referred to in sub-paragraph (1)(a).

30

Any payment of income which by virtue of regulation 46 (income treated as capital) is to be treated as capital.

31

Any social fund payment made pursuant to Part 8 of the Act (the Social Fund).

F67431A

Any local welfare provision.

32

Any payment under Part 10 of the Act (Christmas bonus for pensioners).

33

Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

34

The total of a claimant's income or, if he is a member of a family, the family's income and the income of any person which he is treated as possessing under regulation 25(2) (calculation of income and capital of members of claimant's family and of a polygamous marriage) to be disregarded under regulation 60(2)(b) and regulation 61(1)(d) (calculation of covenant income where a contribution assessed), covenant income where no grant income or no contribution is assessed regulation 64(2) (treatment of student loans), regulation 65(3) (treatment of payments from access funds) and paragraphs 15 and 16 shall in no case exceed £20 per week.

that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved, nor any child or young person who is or had been a member of that person's family; and

b

the payment is made either—

i

to that person's parent or step-parent; or

ii

where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person's death.

5

Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under F501or by any of the Trusts to which sub-paragraph (1) refers, F1133or from a Grenfell Tower paymentF1198, a child abuse paymentF1272, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, where—

a

that person at the date of his death (the relevant date) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child or young person who was or had been a member of his family; and

b

the payment is made either—

i

to that person's parent or step-parent; or

ii

where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

6

In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any income which derives from any payment of income or capital made under or deriving from any of the Trusts F1134or from a Grenfell Tower paymentF1198, a child abuse paymentF1272, a Windrush payment, a Post Office compensation payment or a vaccine damage payment .

7

For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund, the Eileen TrustF493, MFET Limited, the Skipton FundF603, the Caxton FoundationF979, the Scottish Infected Blood Support SchemeF1024, an approved blood schemeF1005, the London Emergencies Trust, the We Love Manchester Emergency FundF1135, the National Emergencies Trust or the London F397Bombings Relief Charitable Fund.

36

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

F19137

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F39838

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

39

Any payment to a juror or witness in respect of attendance at a court other than compensation for loss of earnings or for the loss of a benefit payable under the benefit Acts.

F36440

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

41

Any payment in consequence of a reduction of council tax under section 13F683, section 13A orF192... section 80 of the Local Government Finance Act 1992 M181 (reduction of liability for council tax).

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 per cent. of such payments; or

b

where the aggregate of any such payments exceeds £20.00, £20.00 and 50 per cent. 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.

F39943

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40044

1

Any payment or repayment made—

a

as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

b

as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

c

as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies).

2

Any payment or repayment made by the Secretary of State for Health F1060and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1).

F40045

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins).

46

Any payment made by either the Secretary of State for F99Justice or by Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody.

F28447

1

~~F899Where a claimant’s applicable amount includes an amount by way of family premium~~F899Where a claimant’s family includes at least one child or young person, £15 of any payment of maintenance, other than child maintenance, whether under a court order or not, which is made or due to be made by the claimant’s former partner, or the claimant’s partner’s former partner.

2

For the purpose of sub-paragraph (1) where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

3

A payment made by the Secretary of State in lieu of maintenance shall, for the purposes of sub-paragraph (1), be treated as a payment of maintenance made by a person specified in sub-paragraph (1).

F47747A

1

Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

2

In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—
1. a
  the Child Support Act 1991;
2. b
  the Child Support (Northern Ireland) Order 1991;
3. c
  a court order;
4. d
  a consent order;
5. e
  a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;
“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987, other than a person falling within sub-paragraph (d) of that definition.

F19348

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 M182 to assist disabled persons to obtain or retain employment despite their disability.

50

Any guardian's allowance.

F67251

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F37952

1

) If the claimant is in receipt of any benefit under Part 2, 3 or 5 of the Act, any increase in the rate of that benefit arising under Part 4 (increases for dependants) or section 106(a) (unemployability supplement) of the Act, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

2

If the claimant is in receipt of any pension or allowance under Part 2 or 3 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006, any increase in the rate of that pension or allowance under that Order, where the dependant in respect of whom the increase is paid is not a member of the claimant’s family.

F37953

Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.

54

In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 M183 (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

55

1

Any payment which is—

a

made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person—

i

whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

ii

whose service in such capacity terminated before 31st March 1973; and

F401b

equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.

2

In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

F40355A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F40355B

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

C27 C3756

Except in a case which falls under sub-paragraph (1) of paragraph 17 of Schedule 4, where the claimant is a person who satisfies any of the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to F513£17.10.

57

Any payment made F447... ~~F792under section 12B of the Social Work (Scotland) Act 1968~~F792as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F508, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) F851or under sections 31 to 33 of the Care Act 2014 (direct payments)M184 or under regulations made under section 57 of the Health and Social Care Act 2001 M185 (direct payments) F1042or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).

58

1

Subject to sub-paragraph (2), in respect of a person who is receiving, or who has received, assistance under the self-employment route, any payment to that person—

a

to meet expenses wholly and necessarily incurred whilst carrying on the commercial activity;

b

which is used or intended to be used to maintain repayments on a loan taken out by that person for the purpose of establishing or carrying on the commercial activity,

For the purposes of sub-paragraph (1) “local authority” includes, in England, a county council.

F37864

1

£1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

2

65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

3

In this paragraph —

“child” and “qualifying young person” have the meanings given in section 142 of the Act;
“treated as responsible” is to be construed in accordance with section 143 of the Act;
“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.

F45565

Any payment of child benefit.

F82166

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

F98367

Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 9(1)(h) or 62 of Schedule 6.

F106268

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

F106469

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

F107670

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

F110671

Any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.

F115072

Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.

F116773

Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.

F128574

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.

C13SCHEDULE 6Capital to be disregarded

Regulation 44

Annotations:

Modifications etc. (not altering text)

C13

Sch. 6 modified (22.11.2010) by The Jobseekers Allowance (Work for Your Benefit Pilot Scheme) Regulations 2010 (S.I. 2010/1222), regs. 1(2), 17

1

The dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated; but, notwithstanding regulation 25 (calculation of income and capital of members of claimant's family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

F571A2

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.

F639A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 but only for 52 weeks beginning with the date of receipt of the payment.

F818A4

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed by regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.

F824A5

2

Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

3

Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part—

a

by a partner or relative of a single claimant or any member of the family as his home F523where that person has attained the qualifying age for state pension credit or is incapacitated;

b

by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.

5

Where a claimant is on F766universal credit, income supportF340, an income-based jobseeker's allowance or an income-related employment and support allowance, the whole of his capital.

6

Where the claimant is a member of a joint-claim couple for the purposes of the Jobseekers Act and his partner is on income-based jobseeker's allowance, the whole of the claimant's capital.

7

Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

8

1

The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

2

The assets of any business owned in whole or in part by the claimant where—

a

he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

b

he intends to become engaged or, as the case may be, re-engaged as a self-employed earner in that business as soon as he recovers or is able to become engaged or re-engaged in that business,

for a period of 26 weeks from the date on which the claim for housing benefit is made, or is treated as made, or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

3

In the case of a person who is receiving assistance under the self-employment route, the assets acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is being received.

4

In the case of a person who has ceased carrying on the commercial activity in respect of which assistance was received as specified in sub-paragraph (3), the assets relating to that activity for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

9

1

Subject to sub-paragraph (2), any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of—

a

any payment specified in paragraphs F11076, F11538, 9, F118571, 72 or 73 of Schedule 5;

F194b

an income-related benefit under Part 7 of the Act;

c

an income-based jobseeker's allowance;

d

any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001;

e

working tax credit and child tax credit F28...,

F341f

an income-related employment and support allowance,

F752g

universal credit,

F995h

bereavement support payment under section 30 of the Pensions Act 2014,

F1079i

maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner),

which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the claimant to complete the purchase.

12

Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to housing benefit or to increase the amount of that benefit.

13

The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

14

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant F62or the claimant’s partner, the value of the trust fund and the value of the right to receive any payment under that trust.

F5914A

1

Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

2

But sub-paragraph (1)—

a

applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

b

does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

c

ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

d

does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

3

For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

4

References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

15

The value of the right to receive any income under a life interest or from a life rent.

16

The value of the right to receive any income which is disregarded under F232paragraph 13 of Schedule 4 or paragraph 24 of Schedule 5.

17

The surrender value of any policy of life insurance.

18

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

19

Any payment made by a local authority in accordance with section 17, F36523B, 23C or 24A of the Children Act 1989 M190 or, as the case may be, section 12 of the Social Work (Scotland) Act 1968 M191 or F927section 22, 26A, 29 or 30 of the Children (Scotland) Act 1995 (provision of services to children and their families and advice and provision of assistance for certain young persons) F1043or section 37 or 38 of the Social Services and Well-being (Wales) Act 2014, but excluding any direct payment made in accordance with regulations made under section 51 of that Act, or section 109, 110, 114 or 115 of that Act.

F14319A

1

Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 F928or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) F1044or section 110 of the Social Services and Well-being (Wales) Act 2014 (support for category 3 young people) to a person (“A”) which A passes on to the claimant.

2

Sub-paragraph (1) applies only where A—

a

was formerly in the claimant’s care, and

F929b

is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

c

continues to live with the claimant.

20

Any social fund payment made pursuant to Part 8 of the Act.

F67520A

Any local welfare provision.

21

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988 M192 (deduction of tax from certain loan interest) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.

22

Any capital which by virtue of regulation 41 or 64 (capital treated as income and treatment of student loans) is to be treated as income.

23

Where any payment of capital is made in a currency other than Sterling, any banking charge or commission payable in converting that payment into Sterling.

24

1

Any payment made under F502or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust (“the Trusts”), the Fund, the Eileen Trust F494, MFET Limited, the Independent Living F366Fund (2006), F604the Skipton Fund, the Caxton FoundationF980, the Scottish Infected Blood Support SchemeF1025, an approved blood schemeF1006, the London Emergencies Trust, the We Love Manchester Emergency FundF1136, the National Emergencies TrustF1282, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

F11371A

Any Grenfell Tower payment F1199, child abuse payment, Windrush payment F1273, Post Office compensation payment or vaccine damage payment or any payment made by the Child Migrants Trust (registered charity number 1171479) under the scheme for former British child migrants.

2

Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under F502or by any of the Trusts to which sub-paragraph (1) refers F1138, or from a Grenfell Tower payment F1200, a child abuse payment F1274, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, and which is made to or for the benefit of—

a

b

any child who is a member of that person's family or who was such a member and who is a member of the claimant's family; or

c

any young person who is a member of that person's family or who was such a member and who is a member of the claimant's family.

3

Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under F502or by any of the Trusts to which sub-paragraph (1) refers F1139, or from a Grenfell Tower payment F1200, a child abuse payment F1274, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, and which is made to or for the benefit of—

a

the person who is suffering from haemophilia or who is a qualifying person;

b

any child who is a member of that person's family or who was such a member and who is a member of the claimant's family; or

c

any young person who is a member of that person's family or who was such a member and who is a member of the claimant's family.

4

Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under F502or by any of the Trusts to which sub-paragraph (1) refers, F1140or from a Grenfell Tower payment F1200, a child abuse payment F1274, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, where—

a

b

the payment is made either—

i

to that person's parent or step-parent; or

ii

where that person at the date of the payment is a child, a young person or a student who has not completed his full-time education and has no parent or step-parent, to his guardian,

but only for a period from the date of the payment until the end of two years from that person's death.

5

Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under F502or by any of the Trusts to which sub-paragraph (1) refers, F1141or from a Grenfell Tower payment F1200, a child abuse payment F1274, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, where—

a

b

the payment is made either—

i

to that person's parent or step-parent; or

ii

where that person at the relevant date was a child, a young person or a student who had not completed his full-time education and had no parent or step-parent, to his guardian,

but only for a period of two years from the relevant date.

F12755A

Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.

F13445B

Any payment out of the estate of a person, which derives from a payment made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person as a result of that person having been infected from contaminated blood products.

6

In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts F1142or from a Grenfell Tower payment F1200, a child abuse payment F1274, a Windrush payment, a Post Office compensation payment or a vaccine damage payment.

7

For the purposes of sub-paragraphs (2) to (6), any reference to the Trusts shall be construed as including a reference to the Fund, the Eileen Trust F495, MFET Limited, the Skipton Fund F605, the Caxton FoundationF981, the Scottish Infected Blood Support SchemeF1026, an approved blood schemeF1007, the London Emergencies Trust, the We Love Manchester Emergency FundF1143, the National Emergencies TrustF1283, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund.

25

1

Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from, or dissolution of his civil partnership with, his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.

2

In this paragraph “dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular, in Scotland, any croft land on which the dwelling is situated.

26

Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

27

Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

28

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.

F19529

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

31

The value of the right to receive an occupational or personal pension.

32

The value of any funds held under a personal pension schemeF98....

33

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

34

Any payment in kind F1144which is a Grenfell Tower paymentF1201, child abuse payment or Windrush payment or is made by a charity or under F503or by the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, F133the Fund F367... F510, MFET LimitedF606, the Skipton Fund, the Caxton FoundationF982, the Scottish Infected Blood Support SchemeF1027, an approved blood scheme or the Independent Living Fund (2006).

35

Any payment made pursuant to section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.

F36836

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37

Any payment in consequence of a reduction of council tax under section 13F684, section 13A or section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.

38

Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 M193 or section 66 of the Housing (Scotland) Act 1988 M194 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—

a

to purchase premises intended for occupation as his home; or

b

to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.

F38039

Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

F38040

1

Any payment or repayment made—

a

as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

b

c

but only for a period of 52 weeks from the date of receipt of the payment or repayment.

2

Any payment or repayment made by the Secretary of State for Health F1061and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of receipt of the payment or repayment.

F38041

F40941A

Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

42

Any payment made either by the Secretary of State for F100Justice or Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.

43

Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 M195 F233... to assist disabled persons to obtain or retain employment despite their disability.

44

Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 F1045or under Part 4 of the Social Services and Well-being (Wales) Act 2014M196 to homeworkers assisted under the Blind Homeworkers' Scheme.

In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.

50

1

Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

2

The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

3

For the purposes of sub-paragraph (2)—

“food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;
“rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

51

1

Any payment—

a

by way of an education maintenance allowance made pursuant to—

i

regulations made under section 518 of the Education Act 1996 M200 (payment of school expenses; grant of scholarships etc);

ii

regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980 M201 (power to assist persons to take advantage of educational facilities);

F404iii

directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; F607...

b

corresponding to such an education maintenance allowance, made pursuant to—

i

section 14 or section 181 of the Education Act 2002 M202 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or

ii

regulations made under section 181 of that ActF608; or

c

in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.

2

Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

a

regulations made under section 518 of the Education Act 1996 M203;

b

regulations made under section 49 of the Education (Scotland) Act 1980; or

F405c

directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance F609or other payment made pursuant to any provision specified in sub-paragraph (1).

52

In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.

53

Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.

54

Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or interment of—

a

the claimant;

b

the claimant's partner;

c

the claimant's deceased spouse or deceased civil partner; or

d

the claimant's partner's deceased spouse or deceased civil partner,

by the Japanese during the Second World War, £10,000.

55

1

Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant's family who is—

a

a diagnosed person;

b

the diagnosed person's partner or the person who was the diagnosed person's partner at the F234date of the diagnosed person's death;

c

a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death; or

d

a member of the diagnosed person's family (other than his partner) or a person who was a member of the diagnosed person's family (other than his partner) at the date of the diagnosed person's death.

2

Where a trust payment is made to—

a

a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

b

a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;

a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—

i

two years after that date; or

ii

on the day before the day on which that person—

aa

ceases receiving full-time education; or

bb

attains the age of F5220

whichever is the latest.

5

In this paragraph, a reference to a person—

a

being the diagnosed person's partner;

b

being a member of a diagnosed person's family;

c

acting in place of the diagnosed person's parents,

at the date of the diagnosed person's death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home, an Abbeyfield Home or an independent hospital on that date.

6

In this paragraph—

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeld-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeld-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.

56

The amount of any payment, other than a war pension F406...M204, to compensate for the fact that the claimant, the claimant's partner, the claimant's deceased spouse or deceased civil partner or the claimant's partner's deceased spouse or deceased civil partner—

a

was a slave labourer or a forced labourer;

b

had suffered property loss or had suffered personal injury; or

c

was a parent of a child who had died,

during the Second World War.

57

1

Any payment made by a local authority, or by the F407Welsh Ministers, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

2

For the purposes of sub-paragraph (1) “local authority” includes in England a county council.

58

Any payment made F448... regulations made under section 57 of the Health and Social Care Act 2001 M205 or ~~F793under section 12B of the Social Work (Scotland) Act 1968~~F793as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013F509, or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) F850or under sections 31 to 33 of the Care Act 2014 (direct payments) F1046, or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments)M206.

59

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 M207.

60

Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 M208 (special guardianship support services).

F82261

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

F98462

F12571

Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

F12582

Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

a

in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and

b

1

The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 90 (notification of decisions) and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule.

2

Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 90(2) (requests for statement of reasons) and the manner and time in which to do so.

3

Every decision notice shall include a statement as to the right of any person affected by that decision to make an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision and the manner and time in which to do so.

4

Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall include a statement as to whether the original decision in respect of which the person made his representations has been confirmed or revised and where the relevant authority has not revised the decision the reasons why not.

5

Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.

6

An authority may include in the decision notice any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.

7

Parts 2, 3 and 6 of this Schedule shall apply only to the decision notice given on a claim.

8

Where a decision notice is given following a revision of an earlier decision—

a

made of the authority's own motion which results in a revision of that earlier decision; or

b

made following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations, whether or not resulting in a revision of that earlier decision,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters revised.

PART 2Awards where income supportF285, an income-based jobseeker's allowance, an income-related employment and support allowanceF267, an extended payment or an extended payment (qualifying contributory benefits) is payable

Annotations:

Amendments (Textual)

F285

Words in Sch. 9 Pt. 2 heading substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 27(a)(i)

F267

Words in Sch. 9 Pt. 2 heading inserted (6.10.2008) by The Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008 (S.I. 2008/959), regs. 1(1), 4(5)(a)

9

Where a person on income supportF342, an income-based jobseeker's allowance or an income-related employment and support allowance is awarded housing benefit F283or a claimant is entitled to an extended payment in accordance with regulation 72 or an extended payment (qualifying contributory benefits) in accordance with regulation 73, the decision notice shall include a statement as to—

a

his weekly eligible rent, if any; and

b

and the notice shall be sent both to the claimant and to the landlord.

12

In this Schedule, “landlord” has the same meaning as in regulation 95.

PART 5Notice where income of non-dependant is treated as claimant's

13

Where an authority makes a decision under regulation 26 (circumstances in which income and capital of a non-dependant is to be treated as claimant's) the decision notice shall contain a statement as to—

a

the fact that a decision has been made by reference to the income and capital of the claimant's non-dependant; and

b

the relevant authority's reasons for making that decision.

PART 6Notice where no award is made

the decision notice sent to that landlord shall identify both—

i

the person on whose behalf the recoverable amount was paid to that landlord; and

ii

claimant A.

F155SCHEDULE 10Former pathfinder authorities

Regulation 122

Annotations:

Amendments (Textual)

F155

Sch. 10 substituted (7.4.2008) by The Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2868), regs. 1(4), 20(2)

PART 1Former pathfinder authorities

Pathfinder authority
Argyll and Bute
Blackpool
Brighton and Hove
Conwy
Coventry
East Riding of Yorkshire
Edinburgh
Guildford
Leeds
Lewisham
North East Lincolnshire
Norwich
Pembrokeshire
St Helens
Salford
South Norfolk
Teignbridge
Wandsworth

PART 2Application of the Regulations

1

These Regulations shall apply to former pathfinder authorities subject to the provisions of this Part of this Schedule.

Amendment of regulation 22

In regulation 2(1) (interpretation)—

a

in the definition of “eligible rent”, in sub-paragraph (a) for “or 12D (eligible rent and maximum rent (LHA))” substitute “, 12D (eligible rent and maximum rent (LHA)) or any of regulations 12E to 12K (transitional protection for pathfinder cases)”;

b

after the definition of “maximum rent (LHA)” insert—

“maximum rent (standard local rent)” means a maximum rent (standard local rate) determined in accordance with regulation 13A;

Amendment of regulation 113

In regulation 11(1) (eligible housing costs)—

a

in paragraph (c) omit “or”; and

b

after sub-paragraph (d) insert—

; or
e
any of regulations 12E to 12K (transitional protection for pathfinder cases) and regulations 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)),

Amendment of regulation 12B4

F673In regulation 12B(1) (eligible rent) after sub-paragraph (c) insert—

"(ca) any of regulations 12E to 12K (transitional protection for pathfinder cases);"

Amendment of regulation 12D5

In regulation 12D (eligible rent and maximum rent (LHA)) before paragraph (1) insert—

A1
This regulation shall not apply where any of regulations 12E to 12K (transitional protection for pathfinder cases) apply.

Insertion of regulations 12E to 12K6

After regulation 12D (eligible rent and maximum rent (LHA)) insert—

Basic transitional protection for pathfinder cases12E
1
This regulation applies where—
a
reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008;
b
on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a); and
c
regulations 12F (cases where the claimant enjoyed protection on death before 7th April 2008) and 12G (cases where the claimant enjoyed 13 week protection before 7th April 2008) do not apply.
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or
b
the amount of the eligible rent which applied immediately before 7th April 2008.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs—
a
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is higher than that eligible rent;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person;
e
the relevant authority determines a maximum rent (LHA) on 7th April 2009 by virtue of regulation 13C(4A)(b).
4
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Cases where the claimant enjoyed protection on death before 7th April 200812F
1
This regulation applies where—
a
immediately before 7th April 2008 the claimant enjoyed protection on death in accordance with regulation 12A(4)(a)(ii) (pathfinder protection on death based on reckonable rent); and
b
on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a).
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or
b
the amount of the eligible rent which applied immediately before 7th April 2008.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs —
a
the end of 12 months after the death to which the protection relates;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person;
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection.
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Cases where the claimant enjoyed 13 week protection before 7th April 200812G
1
This regulation applies where—
a
immediately before 7th April 2008 the claimant enjoyed 13 week protection in accordance with regulation 12A(6)(a) (local housing allowance pathfinder 13 week protection); and
b
on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a).
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or
b
the amount of the eligible rent which applied immediately before 7th April 2008.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs —
a
the end of the day when the protection expires, namely 13 weeks after the date of the claim;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person.
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection.
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Cases where a death occurs in the first year on or after 7th April 200812H
1
This regulation applies where—
a
the eligible rent is that specified in regulation 12E(2)(b) (basic transitional protection for pathfinder cases), 12F(2)(b) (transitional protection where the claimant enjoyed protection on death before 7th April 2008), 12G(2)(b) (transitional protection where the claimant enjoyed 13 week protection before 7th April 2008) or paragraph (2)(b) of this regulation;
b
a linked person dies on or after 7th April 2008 and before 7th April 2009;
c
the claimant occupies the same dwelling as the linked person at the date of death; and
d
the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person).
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or
b
the amount of the eligible rent which applied immediately before the date of the death.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before the date of death, it will continue to apply until, on or after the date of the death, the first of the following events occurs —
a
the end of 12 months from the date of the death;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person.
4
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
5
For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.
Basic transitional protection in the second year and subsequent years after 7th April 200812I
1
This regulation applies where—
a
immediately before 7th April 2009 the claimant was enjoying basic transitional protection under regulation 12E; and
b
the local authority determines a maximum rent (LHA) by virtue of 13C(4A)(b) on 7th April 2009.
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where it is higher than the eligible rent applying immediately before 7th April 2008; or
b
in any other case, the lower of—
i
the amount of the eligible rent applying immediately before 7th April 2008; or
ii
the amount of the cap rent by reference to which the maximum rent (LHA) was determinedF563....
3
Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b), it continues to apply until, on or after 7th April 2009, the first of the following events occurs—
a
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling or 13C(3) (anniversary of the LHA date) and the maximum rent (LHA) is higher than that eligible rent;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person.
4
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Transitional protection in the second year after 7th April 2008 where the claimant is already enjoying protection on death12J
1
This regulation applies where—
a
immediately before 7th April 2009 the claimant was enjoying transitional protection on death under regulation 12H (cases where a death occurs in the first year on or after 7th April 2008); and
b
the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(b) on 7th April 2009 .
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death to which the protection relates; or
b
the amount of the eligible rent which applied immediately before the date of the death.
3
Where the eligible rent which applies is the one that applied immediately before the date of the death, it continues to apply until, on or after the date of the death, the first of the following events occurs—
a
the end of 12 months after the date of the death to which the protection relates;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person.
4
Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied if the relevant authority not determined an eligible rent in accordance with regulation 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008).
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Protection on death in the second and subsequent years after 7th April 200812K
1
This regulation applies where—
a
the claimant’s eligible rent is that specified in regulation 12I(2)(b) (basic transitional protection in the second and subsequent years after 7th April 2008), 12J(2)(b) (transitional protection in the second year after 7th April 2008 where the claimant is already enjoying protection on death) or paragraph (2)(b) of this regulation;
b
a linked person dies on or after 7th April 2009;
c
the claimant occupies the same dwelling as the linked person at the date of death; and
d
the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person).
2
Where this regulation applies, the claimant’s eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or
b
the amount of eligible rent which applied immediately before the death.
3
Where the eligible rent which applies is the one that applied immediately before the date of the death, it will continue to apply until, on or after the date of the death, the first of the following events occurs—
a
the end of 12 months from the date of the death;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (3) (change of category of dwelling or anniversary of the LHA date) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person.
4
Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied but had the relevant authority not determined an eligible rent in accordance with this regulation.
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
6
For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.

Amendment of regulation 13C7

In regulation 13C (when a maximum rent (LHA) is to be determined)—

a

in paragraph (1) for “paragraphs (2) or (3)” substitute “paragraphs (2), (3) or (4A)”;

b

in paragraph (3) after “LHA date” insert “except where paragraph (4A)(b) applies”;

c

after paragraph (4) insert—

4A
This paragraph applies where it is—
a
7th April 2008 and reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008; or
b
7th April 2009 and the eligible rent which applies on that date was determined in accordance with regulation 12E(2)(b) (basic transitional protection for pathfinder cases) or 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008).

Amendment of regulation 13D8

In regulation 13D(12) (determination of a maximum rent (LHA)) in the definition of “relevant date” after sub-paragraph (c) insert—

d
7th April 2008;
e
7th April 2009.

F70SCHEDULE 11Electronic Communication

Annotations:

Amendments (Textual)

F70

Sch. 11 inserted (20.12.2006) by The Housing Benefit and Council Tax Benefit (Electronic Communications) Order 2006 (S.I. 2006/2968), arts. 1, 2(5), Sch.

PART 1Introduction

Interpretation1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Secretary of State for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

PART 2Electronic Communication – General Provisions

Conditions for the use of electronic communication2

1

The relevant authority may use an electronic communication in connection with claims for, and awards of, benefit under these Regulations.

2

A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

3

The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Chief Executive of the relevant authority.

4

The second condition is that the person uses an approved method of—

a

authenticating the identity of the sender of the communication;

b

electronic communication;

c

authenticating any claim or notice delivered by means of an electronic communication; and

d

subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.

5

The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.

6

The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Chief Executive of the relevant authority.

7

b

the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information6

1

If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

a

any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

b

any such claim, certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

2

If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

3

If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system..

(This note is not part of the Regulations)

These Regulations consolidate existing provisions relating to housing benefit for claimants who have not attained the qualifying age for state pension credit and for those who have attained that age and are receiving, or whose partner is receiving, income support or income-based jobseeker's allowance. In the case of a woman the qualifying age for state pension credit is pensionable age and in the case of a man it is the age which is pensionable age in the case of a woman born on the same day as the man (section 1(6) of the State Pension Credit Act 2002). Provisions relating to those claimants who have attained the qualifying age for state pension credit other than those who are, or whose partner is, receiving income support or income-based jobseeker's allowance are contained in the Housing Benefit (Persons who have attained the Qualifying age for state pension credit) Regulations 2006.

Part 1 of the Regulations contains general provisions relevant to these Regulations. The Regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (“the Consequential Provisions Regulations”). These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations.

Part 2 makes provision in regard to the circumstances in which a person is or is not to be treated as occupying a dwelling as his home and is or is not to be treated as liable to make payments for a dwelling.

Part 3 specifies those payments by way of rent which are to be eligible for the payment of housing benefit and for determinations and redeterminations by rent officers in rent allowance cases.

Part 4 specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for housing benefit.

Part 5 and Schedule 3 provide for the calculation of the applicable amount in respect of a person's entitlement to housing benefit, by reference to which the amount of his benefit is calculated. Provision is made with respect to polygamous marriages and persons receiving free in-patient treatment in a hospital.

Part 6 provides for the calculation of the income and capital of a claimant for housing benefit, the earnings of employed and self-employed earners, the treatment of income other than earnings including notional income, with the sums to be disregarded set out in Schedules 4 and 5. Calculation of capital is also dealt with, with capital to be disregarded set out in Schedule 6.

Part 7 provides for the treatment of students, their entitlement to housing benefit and the calculation of their income.

Part 8 specifies the maximum amount of housing benefit payable in any case and any deductions which are to be made from that maximum.

Part 9 contains provisions as to when housing benefit is to begin together with provisions relating to change of circumstances and the date those changes take effect.

Part 10 provides for the making, amendment and withdrawal of claims, the evidence and information required in connection with claims and the duty to notify changes of circumstances.

Part 11 provides for the determination of questions arising on claims and the notification of decisions by authorities.

Part 12 provides for the payment of housing benefit including to whom payments are to be made and the withholding of benefit.

Part 13 provides for the recovery of overpaid benefit, what constitutes a recoverable overpayment and the method of recovery.

Part 14 provides for the collection, recording and holding of information. It also provides for the supply of information between local authorities.

Part 15 provides for the housing benefit scheme to be modified in the area of Pathfinder authorities. Part 1 of Schedule 10 identifies those local authorities which operate the Pathfinder provisions in their area and Part 2 of that Schedule specifies the modifications which apply in their area.

The Housing Benefit Regulations 2006

PART 1General

Citation and commencement1

1

2

3

4

Interpretation2

C5C91

F6101A

a

b

1B

1C

a

b

i

ii

iii

2

3

C14a

C15b

c

d

F2883A

a

b

F7573B

4

a

i

ii

b

c

d

F8125

a

i

ii

F846ab

i

ii

b

F9376

Definition of non-dependant3

1

2

a

b

c

d

e

i

ii

iii

f

3

4

Cases in which section 1(1A) of the Administration Act is disapplied4

a

b

F418c

i

ii

iii

iv

Persons who have attained the qualifying age for state pension credit5

1

a

b

F2752

3

Remunerative work6

1

2

a

b

3

4

C5 C91