The Housing Benefit Regulations 2006

Regulation 90

SCHEDULE 9 E+W+S Matters to be included in decision notice

PART 1 E+W+S General

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. E+W+S

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. E+W+S

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. E+W+S

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. E+W+S

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. E+W+S

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. E+W+S

7.  Parts 2, 3 and 6 of this Schedule shall apply only to the decision notice given on a claim. E+W+S

8.  Where a decision notice is given following a revision of an earlier decision— E+W+S

(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 2 E+W+S Awards where income support[F1 , an income-based jobseeker's allowance, an income-related employment and support allowance] [F2 , an extended payment or an extended payment (qualifying contributory benefits)] is payable

Textual Amendments

F1 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)

F2 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 support [F3 , an income-based jobseeker's allowance or an income-related employment and support allowance] is awarded housing benefit [F4 or 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— E+W+S

(a) his weekly eligible rent, if any; and

(b) the amount and an explanation of any deduction made under paragraph 6(2) or (3) of Schedule 1 (fuel deductions), if any, and that the deduction may be varied if he provides to the authority evidence on which it may estimate the actual or approximate amount of that service charge; and

(c) the amount of and the category of non-dependant deductions made under regulation 74, if any; and

(d) the normal weekly amount of rent allowance, or rent rebate as the case may be, to which he is entitled; and

(e) in the case of a rent allowance or a rent rebate paid as if it were a rent allowance, the day of payment, and the period in respect of which payment of that allowance is to be made; and

(f) the first day of entitlement to an allowance or rebate; and

(g) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of, housing benefit and (without prejudice to the extent of the duty owed under regulation 88 (duty to notify changes of circumstances)) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application and without charge.

Textual Amendments

F3 Words in Sch. 9 para. 9 substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 27(a)(ii)

F4 Words in Sch. 9 para. 9 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)(b)

PART 3 E+W+S Awards where no income support [F5 , an income-based jobseeker's allowance or an income-related employment and support allowance] is payable

Textual Amendments

F5 Words in Sch. 9 para. 10 substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 27(b)(i)

10.  Where a person is not on income support [F6 , an income-based jobseeker's allowance or on an income-related employment and support allowance] but is awarded housing benefit, the decision notice shall include a statement as to— E+W+S

(a) the matters set out in paragraph 9; and

(b) his applicable amount and how it is calculated; and

(c) his weekly earnings; and

(d) his weekly income other than earnings.

Textual Amendments

F6 Words in Sch. 9 para. 10 substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 27(b)(ii)

PART 4 E+W+S Awards where direct payments made to landlords

11.  Where a decision has been made under regulation 95 or 96 (circumstances in which payment is to be made, or may be made, direct to a landlord), the decision notice shall include a statement— E+W+S

(a) as to the amount of housing benefit which is to be paid direct to the landlord and the date from which it is to be paid; and

(b) informing the landlord of the duty imposed upon him to notify the local authority of—

(i) any change in circumstances which might affect the claimant's entitlement to housing benefit, or the amount of housing benefit payable in his case; and

(ii) the kind of change of circumstances which is to be notified;

(c) informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered,

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. E+W+S

PART 5 E+W+S Notice 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— E+W+S

(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 6 E+W+S Notice where no award is made

14.  Where a person is not awarded housing benefit— E+W+S

(a) either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 75, the decision notice shall include a statement as to—

(i) the matters set out in paragraphs 9(a) to (c), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(d) also; and

(ii) the matters set out in paragraphs 10(b) to (d) where the person is not on income support[F7 , an income-based jobseeker's allowance or an income-related employment and support allowance]; and

(iii) where the amount of entitlement is less than the minimum amount of housing benefit prescribed, that fact and that such entitlement is not payable;

(b) for any reason other than one mentioned in sub-paragraph (a), the decision notice shall include a statement as to the reason why no award has been made.

Textual Amendments

F7 Words in Sch. 9 para. 14(a)(ii) substituted (27.10.2008) by The Employment and Support Allowance (Consequential Provisions) Regulations 2008 (S.I. 2008/1082), regs. 1, 27(c)

PART 7 E+W+S Notice where recoverable overpayment

15.—(1) Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 100 (recoverable overpayments), the decision notice shall include a statement as to— E+W+S

(a) the fact that there is a recoverable overpayment; and

(b) the reason why there is a recoverable overpayment; and

(c) the amount of the recoverable overpayment; and

(d) how the amount of the recoverable overpayment was calculated; and

(e) the benefit weeks to which the recoverable overpayment relates; and

(f) where recovery of the recoverable overpayment is to be made by deduction from a rent allowance or rebate, as the case may be, that fact and the amount of the deduction.

(2) In a case where it is—

(a) determined that there is a recoverable overpayment;

(b) determined that that overpayment is recoverable from a landlord; and

(c) decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

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.