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[F1PART 8AE+W+SBenefit cap

Textual Amendments

Circumstances in which a benefit cap will applyE+W+S

75A.  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.

[F2DeterminationsE+W+S

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

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

(a)the benefit cap may apply;

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

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

Textual Amendments

Manner of calculating the amount of welfare benefitsE+W+S

75C.—(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 [F3accommodation 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.

Textual Amendments

[F4Determination of the relevant amountE+W+S

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

(2) The applicable annual limit is—

(a)[F5£16,967] in the case of single claimants resident in Greater London;

(b)[F6£25,323] in the case of all other claimants resident in Greater London;

(c)[F7£14,753] in the case of single claimants not resident in Greater London;

(d)[F8£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.]

Textual Amendments

Reduction of housing benefitE+W+S

75D.—(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 workE+W+S

75E.—(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 leave[F9, adoption leave[F10, 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).

Textual Amendments

Exception to the benefit cap: receipt of specified benefitE+W+S

75F.—(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;

(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;

[F11(eza)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 payment[F12, 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), (d), (e) [F13, (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;

(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;

[F14(iva)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.]

[F15(v)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.

[F16(h)the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;

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

(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).

Textual Amendments

InterpretationE+W+S

75G.  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” [F17means the amount determined in accordance with regulation 75CA;]

F18...]

Textual Amendments

[F19Specified accommodationE+W+S

75H.—(1) The accommodation referred to in regulation 75C(2)(a) is accommodation to which one or more of the following paragraphs applies.

(2) This paragraph applies to accommodation which is exempt accommodation within the meaning of paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations.

(3) This paragraph applies to accommodation—

(a)which is provided by a relevant body;

(b)into which the claimant has been admitted in order to meet a need for care, support or supervision; and

(c)where the claimant receives care, support or supervision.

(4) This paragraph applies to accommodation which—

(a)is provided by a relevant authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and

(b)consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

(5) This paragraph applies to accommodation—

(a)which would be a hostel within the meaning of regulation 2(1) (interpretation) but for it being owned or managed by a relevant authority; and

(b)where the claimant receives care, support or supervision.

(6) In this regulation—

F20...

F20...

F20...

“relevant body” means a—

(a)

council for a county in England for each part of whose area there is a district council;

(b)

housing association;

(c)

registered charity; or

(d)

voluntary organisation.]

Textual Amendments