- Latest available (Revised)
- Point in Time (22/11/2021)
- Original (As made)
Version Superseded: 21/03/2022
Point in time view as at 22/11/2021. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to The Housing Benefit Regulations 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
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;
[F2(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 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) [F3, (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;
[F4(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.
[F5(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
F1Pt. 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))
F2Reg. 75F(1)(eza) inserted (26.7.2021) by The Social Security (Scotland) Act 2018 (Disability Assistance for Children and Young People) (Consequential Modifications) Order 2021 (S.I. 2021/786), art. 1(2), Sch. 5 para. 5
F3Word in reg. 75F(1)(f) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 10(2)(a)
F4Reg. 75F(1)(f)(v) inserted (22.11.2021) by The Social Security (Scotland) Act 2018 (Information-Sharing and Disability Assistance) (Consequential Provision and Modifications) Order 2021 (S.I. 2021/1188), arts. 1(2), 10(2)(b)
F5Reg. 75F(1)(h)(i) inserted (7.11.2016) by The Benefit Cap (Housing Benefit and Universal Credit) (Amendment) Regulations 2016 (S.I. 2016/909), regs. 1(1), 2(4)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: