The Housing Benefit Regulations 2006

PART 1E+W+SGeneral

Citation and commencementE+W+S

1.—(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 M1.

(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.

Marginal Citations

M1S.I. 2006/ 214.

InterpretationE+W+S

2.—(1) In these Regulations—

“the Act” means the Social Security Contributions and Benefits Act 1992;

“the 1973 Act” means the Employment and Training Act 1973 M2;

[F1“the 2000 Act” means the Electronic Communications Act 2000;]

[F2“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 1996M3;

“the Administration Act” means the Social Security Administration Act 1992;

[F3“adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;]

[F4“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 support[F5, a jobseeker's allowance or an employment and support allowance”;]

[F6“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;]

[F7“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—

(a)

an attendance allowance under Part 3 of the Act;

(b)

an increase of disablement pension under section 104 or 105 of the Act;

(c)

F8...

(d)

F8...

(e)

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 M4 or any analogous payment; or

(f)

any payment based on need for attendance which is paid as part of a war disablement pension;

[F9“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 Act[F10, the Jobseekers ActM5 [F11, Part 4 of the 2012 Act][F12, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011][F13, 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;

[F4“broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order;]

[F4“broad rental market area determination” means a determination made in accordance with article 4B(1A) of the Rent Officers Order;]

“care home” in England F14... has the meaning assigned to it by section 3 of the Care Standards Act 2000 M6[F15, 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 [F16paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010];

[F17“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;]

[F4“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;

[F18“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;]

[F19“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;

[F20“child who cannot share a bedroom” means a child—

(a)

[F21who is entitled to—

(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

(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]

(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 M7;

“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;

F22...

“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 [F23or tax credits under the benefit Acts or the Tax Credits Act] F24... are charged;

“the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 M8;

[F25“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;]

[F26“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;

[F27“couple” means—

(a)

two people who are married to, or civil partners of, each other and are members of the same household; or

(b)

two people who are not married to, or civil partners of, each other but are living together [F28as 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 [F29or a relevant person];

[F30“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 M9;

“designated authority” means any of the following—

(a)

the Secretary of State;

(b)

a person providing services to the Secretary of State;

(c)

a local authority;

(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—

(a)

by notice upon or with a form approved by it for the purpose of claiming housing benefit; or

(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

(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;

“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;

[F31“electronic communication” has the same meaning as in section 15(1) of the 2000 Act;]

[F32“eligible rent” is to be construed in accordance with regulation 12 (rent);]

[F32“eligible rent” means, as the case may require, an eligible rent determined in accordance with—

(a)

regulations 12B [F3312BA (eligible rent and maximum rent (social sector)),] (eligible rent), 12C (eligible rent and maximum rent) or 12D (eligible rent and maximum rent (LHA)); or

(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;

[F34“employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;]

[F35“Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;]

[F36“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;]

[F37“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 M10 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;

[F38“enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament [F39or the National Assembly for Wales];]

[F40“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;]

[F41“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 M11;

“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;

F42...

[F43“Grenfell Tower payment” means a payment made to a person because that person was affected by the fire on 14th June 2017 at Grenfell Tower, or a payment to the personal representative of such a person—

(a)

from the £5 million fund announced on 16th June 2017 for the benefit of certain persons affected by the fire on 14th June 2017 at Grenfell Tower and known as the Grenfell Tower Residents’ Discretionary Fund;

(b)

by the Royal Borough of Kensington and Chelsea; or

(c)

by a registered charity;]

“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 M12;

“hostel” means a building—

(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

(b)

which is—

(i)

managed or owned by a registered housing association; or

(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

(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

(c)

which is not—

(i)

a care home;

(ii)

an independent hospital; or

(iii)

an Abbeyfield Home;

[F44“Housing Act functions” means functions under section 122 of the Housing Act 1996;]

[F45“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 M13;]

[F45“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 M14;

“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;

[F46“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 M15;

[F47“independent hospital”—

(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;

(b)

in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and]

(c)

[F48in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;]

F49...

[F50“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;]

F51...

F52...

F53...

F54...

“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 M16;

[F55“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 M17;

[F56“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;]

[F4“linked person” means—

(a)

any member of the claimant’s family;

(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

(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;]

[F4“local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order;]

[F57“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—

(a)

meeting, or helping to meet, an immediate short term need—

(i)

arising out of an exceptional event, or exceptional circumstances; and

(ii)

that requires to be met in order to avoid a risk to the well-being of an individual; or

(b)

enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

(i)

in prison, hospital, a residential care establishment or other institution; or

(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;

[F58“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;

F59...

“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;

[F60“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 [F61or the claimant is a member of the work-related activity group];]

[F62“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 M18;

[F4“maximum rent (LHA)” means the amount determined in accordance with regulation 13D;]

[F63“maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;]

[F63“maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;]

[F64“member of a couple who cannot share a bedroom” means a member of a couple—

(a)

who is in receipt of—

(i)

attendance allowance at the higher rate in accordance with section 65(3) of the Act;

(ii)

the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;

(iia)

[F65the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;]

(iv)

the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; F66...

(iiia)

[F67the 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]

(vi)

armed forces independence payment; and

(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;]

[F68“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;]

[F69“member of the work-related activity group” means a [F70person] who has or is treated as having limited capability for work under either—

(a)

Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or

(b)

Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;]

[F71“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;]

[F72“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;]

[F43“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;

[F73“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;

[F74“non-dependant deduction” means a deduction that is to be made under regulation 74 (non-dependant deductions);]

[F74“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—

(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;

(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 M19 or the Land Registration (Scotland) Act 1979 M20 or a tenant-at-will as defined in section 20(8) of that Act of 1979;

“partner” means—

(a)

where a claimant is a member of a couple, the other member of that couple; or

(b)

where a claimant is polygamously married to two or more members of his household, any such member;

[F75“parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;]

[F76“paternity leave” means a period of absence from work on F77... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 [F78or on additional paternity leave by virtue of section 80AA or 80BB of that Act];]

“payment” includes part of a payment;

“pension fund holder” means with respect to a personal pension scheme or [F79an occupational pension scheme], the trustees, managers or scheme administrators, as the case may be, of the scheme F80... concerned;

“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;

[F81“person who requires overnight care” means a person (“P”)—

(a)

who—

(i)

is in receipt of attendance allowance;

(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; F82...

(iiza)

[F83is 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;]

(iia)

[F84is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; F85...]

(iiaa)

[F86is 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;]

(iib)

[F87is in receipt of armed forces independence payment; or]

(vii)

[F88although not satisfying either paragraph (i), (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]

(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—

(i)

be engaged in providing overnight care for P;

(ii)

regularly stay overnight at the dwelling for that purpose; and

(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;]

F89...

[F2“personal independence payment” means personal independence payment under Part 4 of the 2012 Act;]

[F90“personal pension scheme” means—

(a)

a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;

(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;

(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;

[F38“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 M21)—

(a)

in the case of a woman, pensionable age; or

(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;

[F91“qualifying contributory benefit” means—

(a)

severe disablement allowance;

(b)

incapacity benefit;

(c)

[F92contributory employment and support allowance;]

“qualifying income-related benefit” means—

(a)

income support;

(b)

income-based jobseeker’s allowance;]

(c)

[F93income-related employment and support allowance;]

[F94“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—

(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

(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 [F95a Grenfell Tower payment[F96, a child abuse payment or a Windrush payment] has been made or] payment has been made from the Fund, the Eileen Trust[F97, MFET Limited], the Skipton Fund[F98, the Caxton Foundation][F99, the Scottish Infected Blood Support Scheme] [F100, an approved blood scheme] [F101, the London Emergencies Trust, the We Love Manchester Emergency Fund][F102, the National Emergencies Trust] or the London Bombings Relief Charitable Fund;

[F4“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;]

[F103“registered housing association” means—

(a)

a private registered provider of social housing;

(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 [F104or a registered social landlord within the meaning of Part 1 of that Act]; or

(c)

a housing association which is registered [F105in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010 [F106or a registered social landlord within the meaning of section 165 of that Act]];]

“relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

“relevant authority” means an authority administering housing benefit;

[F4“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;]

[F107“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);

[F108“the Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 M22 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 M23;]

[F108“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;]

F109...

[F110“Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007;

[F111“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;]

[F112“second authority” means the authority to which a mover is liable to make payments for the new dwelling;]

F113...

“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—

(a)

an employment zone programme; F114...

(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 M24(functions in relation to training for employment, etc.)[F115;or

(c)

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

(c)

F116...

F117...

“shared ownership [F118lease]” means—

(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;

(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;

[F119“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;

[F4“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;

[F71“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 M25 out of sums allocated to it for distribution under that section;

F120...

“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 M26;

“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a Government department or by or on behalf of the Secretary of State, [F121Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise, [F122the Young People’s Learning Agency for England,] F123... or the [F124Welsh Ministers];

(b)

to a person for his maintenance or in respect of a member of his family; and

(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, [F121Skills Development Scotland,] Scottish Enterprise or Highlands and Islands Enterprise or the [F124Welsh 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 M27 or is training as a teacher;

[F125“universal credit” means universal credit under Part 1 of the 2012 Act;]

“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

F126...

[F127“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;]

[F127“war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;]

[F127“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;]

[F127“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—

(a)

as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991M28,

(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 M29

in so far as such charges are in respect of the dwelling which a person occupies as his home;

[F128“the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;]

[F129“Welfare Reform Act” means the Welfare Reform Act 2007;]

[F18“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 M30;

[F130“young individual” means a single claimant who has not attained the age of 25 years, but does not include such a claimant—

(a)

whose landlord is a registered housing association;

(b)

who has not attained the age of [F13125 years] and has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989 M31 which had previously been made in respect to him either—

(i)

after he attained the age of 16 years; or

(ii)

before he attained the age of 16 years, but had continued after he attained that age;

(c)

who has not attained the age of 22 years and was formerly provided with accommodation under section 20 of the Children Act 1989;

(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 M32(“the 1995 Act”) made in respect of him which had continued after he attained the age of 16 years, other than a case where—

(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

(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;

(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—

(i)

after he attained the age of 16 years; or

(ii)

before he attained the age of 16 years, but had continued after he attained that age; or

(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—

(i)

after he attained the age of 16 years; or

(ii)

before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age;]

[F130“young individual” means a single claimant who has not attained the age of [F13235 years], but does not include such a claimant—

(a)

whose landlord is a registered housing association;

(b)

who has not attained the age of [F13125 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—

(i)

after he attained the age of 16 years; or

(ii)

before he attained the age of 16 years, but had continued after he attained that age;

(c)

who has not attained the age of [F13125 years] years and was formerly provided with accommodation under section 20 of the Children Act 1989 [F133or section 76 of the Social Services and Well-being (Wales) Act 2014];

(d)

who has not attained the age of [F13125 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—

(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

(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;

(e)

who has not attained the age of [F13125 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 [F134or 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—

(i)

after he attained the age of 16 years; or

(ii)

before he attained the age of 16 years, but had continued after he attained that age; or

(f)

who has not attained the age of [F13125 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—

(i)

after he attained the age of 16 years; or

(ii)

before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age;] [F135or

(g)

who is a person who requires overnight care;] F136[F137...

(h)

[F138who has attained the age of 16 years and to whom paragraph (1A) applies;]

(ha)

[F139who has attained the age of 25 years and to whom paragraph (1C) applies;]

(j)

who is a person who has not attained the age of [F13125 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—

(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

(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 [F140or;]

(k)

[F141[F142who is a qualifying parent or carer;]]

“young person” has the meaning prescribed in regulation 19(1)(persons of prescribed description).

[F143(1A) This paragraph applies to a claimant (“C”) if—

(a)C has, for a total of at least 3 months (whether or not continuously), occupied as his home one or more hostels for homeless people; and

(b)whilst occupying such a hostel, C has been offered and has accepted support services with a view to assisting him to be rehabilitated or resettled within the community.

(1B) For the purposes of determining whether C meets the condition in paragraph (1A)(a), “hostel for homeless people” means a hostel, as defined in paragraph (1), the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

(1C) This paragraph applies—

(a)in England and Wales, to a claimant (“C”) if C is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders); or

(b)in Scotland, to a claimant (“C”) if C is—

(i)the subject of local inter-agency risk management or management by the multi-agency public protection panel pursuant to arrangements established by the responsible authorities under section 10(1) of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders); or

(ii)a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(b) or (d) has not been brought fully into force and C is considered by the relevant authority to be a person who may cause serious harm to the public at large; or

(iii)a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(e) has not been brought fully into force and who has been convicted of an offence, if by reason of that conviction, C is considered by the relevant authority to be a person who may cause serious harm to the public at large.]

(2) References in these Regulations to a person who is liable to make payments shall include references to a person who is treated as so liable under regulation 8 (circumstances in which a person is to be treated as liable to make payments in respect of a dwelling).

(3) For the purposes of these Regulations, a person is on an income-based jobseeker's allowance on any day in respect of which an income-based jobseeker's allowance is payable to him and on any day—

(a)in respect of which he satisfies the conditions for entitlement to an income-based jobseeker's allowance but where the allowance is not paid in accordance with [F144regulation 27A of the Jobseeker’s Allowance Regulations or] section 19 or 20A [F145or regulations made under section 17A] of the Jobseekers Act M33 (circumstances in which a jobseeker's allowance is not payable); or

(b)which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker's allowance is payable to him or would be payable to him but for [F146regulation 27A of the Jobseeker’s Allowance Regulations or] section 19 or 20A [F147or regulations made under section 17A] of that Act; or

(c)in respect of which he is a member of a joint-claim couple for the purposes of the Jobseekers Act and no joint-claim jobseeker's allowance is payable in respect of that couple as a consequence of either member of that couple being subject to sanctions for the purposes of section 20A of that Act; or

(d)in respect of which an income-based jobseeker's allowance or a joint-claim jobseeker's allowance would be payable but for a restriction imposed pursuant to F148... [F149section 6B, 7, 8 or 9] of the Social Security Fraud Act 2001 M34 (loss of benefit provisions).

[F150(3A) For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—

(a)in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or

(b)which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.]

[F151(3B) For the purposes of these Regulations, a person (“P”) is on universal credit on any day in respect of which P is entitled to universal credit (whether it is in payment or not).]

(4) For the purposes of these Regulations, the following shall be treated as included in a dwelling—

(a)subject to sub-paragraphs (b) to (d) any land (whether or not occupied by a structure) which is used for the purposes of occupying a dwelling as a home where either—

(i)the occupier of the dwelling acquired simultaneously the right to use the land and the right to occupy the dwelling, and, in the case of a person liable to pay rent for his dwelling, he could not have occupied that dwelling without also acquiring the right to use the land; or

(ii)the occupier of the dwelling has made or is making all reasonable efforts to terminate his liability to make payments in respect of the land;

(b)where the dwelling is a caravan or mobile home, such of the land on which it stands as is used for the purposes of the dwelling;

(c)where the dwelling is a houseboat, the land used for the purposes of mooring it;

(d)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 M35, the croft land on which it is situated or to which it pertains.

[F152(5) References in these Regulations to a claimant participating as a service user are to—

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

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing; or

(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

[F153(ab)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 [F154sub-paragraphs (a) or (ab)] .]

[F155(6) 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.]]

Textual Amendments

F9Words in reg. 2(1) inserted (1.4.2009 for specified purposes) by The Social Security (Miscellaneous Amendments) Regulations 2009 (S.I. 2009/583), regs. 1(5), 6(2)(b)

F13Words in reg. 2(1) substituted (coming into force in accordance with art. 1(2)(b) of the amending S.I.) by The Pensions Act 2014 (Consequential, Supplementary and Incidental Amendments) Order 2015 (S.I. 2015/1985), arts. 1(2)(b), 28(2)

F71Words in reg. 2(1) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(a), 8(2)

F76Words in reg. 2(1) substituted (1.4.2012 for specified purposes, 2.4.2012 in so far as not already in force) by The Social Security (Miscellaneous Amendments) Regulations 2012 (S.I. 2012/757), regs. 1(2), 7(2)

F97Words in reg. 2(1) inserted (1.4.2010 for specified purposes, 5.4.2010 in so far as not already in force) by The Social Security (Miscellaneous Amendments) (No. 2) Regulations 2010 (S.I. 2010/641), regs. 1(3)(a), 8(3)(a)

F116Words in reg. 2(1) omitted (12.2.2013) by Jobseekers (Back to Work Schemes) Act 2013 (S.I. 2013 c.17), s.1

F137Reg. 2(1)(h) and preceding word inserted (1.1.2012) by The Housing Benefit (Amendment) Regulations 2011 (S.I. 2011/1736), regs. 1, 2(2)(b)

F140Word in reg. 2(1) added (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(2)(c)

F141Word in reg. 2(1) substituted (1.4.2014 for specified purposes, 7.4.2014 in so far as not already in force) by The Housing Benefit (Miscellaneous Amendments) Regulations 2014 (S.I. 2014/213), regs. 1(3), 3(2)(b)

F148Words in reg. 2(3)(d) omitted (for specified purposes and with effect in accordance with reg. 1(3) of the amending S.I.) by virtue of The Welfare Reform Act 2009 (Section 26) (Consequential Amendments) Regulations 2010 (S.I. 2010/424), reg. 8

Modifications etc. (not altering text)

Marginal Citations

M31996 c. 18; sections 75A and 75B were inserted by section 3 of the Employment Act 2002 (c. 22).

M4S.I. 1983/686; the relevant amending Instruments are S.I. 1983/1164, 1984/1675 and 2001/420.

M51995 c. 18; the Jobseekers Act 1995 is amended by the Welfare Reform and Pensions Act 1999(c. 30) section 59 and Schedule 7 and the Civil Partnership Act 2004 (c. 33), section 254(1), Schedule 24, Part 7.

M7S.I. 1995/755 (N.1. 2).

M22S.I. 1997/1984; the relevant amending Instrument is S.I. 2000/1, 2001/1325, 2004/2101 and 2005/236..

M23S.I. 1997/1995(S.144); the relevant amending Instrument is S.I 2000/3.

M271973 c. 50; section 2 was amended by section 25(1) of the Employment Act 1988 (c. 19), by Part I of Schedule 7 to the Employment Act 1989 (c. 38) and by section 47(1) of the Trade Union Reform and Employment Rights Act 1993(c. 19).

M292002 asp 3; section 29A was inserted by section 21(1) of the Water Services etc. (Scotland) Act 2005 (2005 asp 3).

M33Section 20A inserted by the Welfare Reform and Pensions Act 1999 (c. 30), section 59 and Schedule 7, paragraph 13.

Definition of non-dependantE+W+S

3.—(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 regulation[F156, 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.

Textual Amendments

Cases in which section 1(1A) of the Administration Act is disappliedE+W+S

4.  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.

[F157(c)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.]

Textual Amendments

Persons who have attained the qualifying age for state pension creditE+W+S

5.—(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 [F158on universal credit,] on income support[F159, on an income-based jobseeker's allowance or on an income-related employment and support allowance].

F160(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Except as provided in [F161paragraph (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.

Textual Amendments

Remunerative workE+W+S

6.—(1) Subject to the following provisions of this regulation, a person shall be treated for the purposes of these Regulations as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.

(2) Subject to paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—

(a)if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

(b)in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person's weekly average hours of work to be determined more accurately.

(3) Where, for the purposes of paragraph (2)(a), a person's recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.

(4) Where no recognisable cycle has been established in respect of a person's work, regard shall be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.

(5) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

(6) A person on income support[F162, an income-based jobseeker's allowance or an income-related employment and support allowance] for more than 3 days in any benefit week shall be treated as not being in remunerative work in that week.

(7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave[F163, shared parental leave[F164, parental bereavement leave]] or adoption leave, or is absent from work because he is ill.

(8) A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—

(a)a sports award has been made, or is to be made, to him; and

(b)no other payment is made or is expected to be made to him.

Textual Amendments