94. In this Section—
“the notice” means the notice prescribed in regulation 99(1)(b) (circumstances for requiring information);
“relevant information” means such information as is prescribed in regulation 100 (relevant information);
“the requirer” means a person within regulation 98 (requiring information from landlords and agents), who requires information pursuant to that regulation;
“the supplier” means an appropriate person who is required, pursuant to regulations 98 and 99, to supply relevant information and any person who is not so required is not, for the purpose of supplying information pursuant to section 126A of the Administration Act F1 and these Regulations, an appropriate person.
Textual Amendments
F1Inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 11.
95A.—(1) This paragraph applies to every claim for or award of housing benefit in the form of a rent allowance where the eligible rent has been, or is to be determined, in accordance with—
(a)regulation 12(3)(a) (rent) or 12C (eligible rent and maximum rent), as the case may require;
(b)[F3regulation 12D] (eligible rent and the maximum rent ( LHA )) or any of regulations 12E to 12K (transitional protection for pathfinder cases), as the case may require; or
(c) regulations 12 (rent) and 13 (maximum rent) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations .
(2) No earlier than the first, and no later than the fifth, working day of every month a relevant authority shall provide the following information to the rent officer in relation to every claim for or award of housing benefit to which paragraph (1) applied in the preceding month—
(a)the address, including any room or unit number, house or flat number or name, and the postcode of the dwelling to which the claim or award relates;
(b)where the claim or award relates to mooring charges for a houseboat, or payments in respect of the site on which a caravan or mobile home stands, the mooring or plot number and the address of the mooring or site, including the postcode;
(c)the date on which the tenancy began;
(d)the amount of rent and the rental period, whether calendar monthly, four weekly, weekly or some other period;
(e) where the claimant has the use of two or more bedrooms, the number of bedrooms and rooms suitable for living in that there are in the dwelling, and in this sub-paragraph “bedroom” does not include a bedroom which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;
(f)whether the tenant (together with his partner where he has one) has exclusive use of only one bedroom, and if so, whether they have exclusive use of a kitchen, bathroom, toilet and a room suitable for living in;
(g)whether the tenant has exclusive use of only one bedroom, and if so, which, if any, of the following the tenancy provides for him to share—
(i)a kitchen;
(ii)a bathroom;
(iii)a toilet; or
(iv)a room suitable for living in;
(h)the date on which entitlement to housing benefit began; and
(i)where applicable, the date on which entitlement to housing benefit ended.
(3) Where the relevant authority is required to apply to the rent officer for a board and attendance determination by virtue of regulation 13D(10) (determination of a maximum rent ( LHA )), it shall provide the following information in the application to the Rent Officer—
(a)the address, including any room or unit number, house or flat number or name and the postcode of the dwelling to which the claim or award relates;
(b)the date on which the tenancy began;
(c)the length of the tenancy;
(d)the total amount of those payments referred to in regulation 12(1) (rent) which the claimant is liable to make in respect of the dwelling which he occupies as his home;
(e)whether those payments include any charges for water, sewerage or allied environmental services or charges in respect of meals or fuel which are ineligible for housing benefit; and
(f)where those payments include any charges that are ineligible for housing benefit by reason of paragraph 1(a)(iv) and (c) to (f) of Schedule 1 (ineligible service charges), that such charges are included, and the value of those charges as determined by that authority pursuant to regulation 12B(2) and that Schedule.
(4) where the relevant authority has identified charges to which paragraph (3)(f) applies, it shall—
(a)deduct those charges from the total amount of those payments which, in accordance with paragraph (3)(d), it has stated that the claimant is liable to make in respect of the dwelling which he occupies as his home; and
(b)notify that total so reduced to the rent officer in its application.
(5) Where a relevant authority has received notification from the rent officer that a substantial part of the rent is attributable to board and attendance, it shall provide the information referred to in paragraphs (7) and (8), except for such information as it has already provided in accordance with paragraphs (3) and (4).
(6) Where the relevant authority is required to apply to the rent officer for a determination by virtue of regulation 14(1) (requirement to refer to rent officers), it shall provide the information referred to in paragraphs (7) to (9) in the application to the rent officer.
(7) In relation to the dwelling to which the claim or award relates, the relevant authority shall provide the following information—
(a)the address, including any room or unit number, house or flat number or name and the postcode of the dwelling;
(b)where the claim or award relates to mooring charges for a houseboat, or payments in respect of the site on which a caravan or mobile home stands, the mooring or plot number and the address of the mooring or site, including the postcode;
(c)whether the dwelling is—
(i)a detached house;
(ii)a semi-detached house;
(iii)a terraced house;
(iv)a maisonette;
(v)a detached bungalow;
(vi)a semi-detached bungalow;
(vii)a flat in a house;
(viii)a flat in a block;
(ix)a flat over a shop;
(x)a bedsit or rooms or a studio flat;
(xi)a hostel;
(xii)a caravan, mobile home or houseboat;
(xiii)board and lodgings;
(xiv)a hotel;
(xv)a care home;
(xvi)an independent hospital; or
(xvii)some other description of dwelling, and if so what;
(d)whether the dwelling has central heating, a garden, a garage or a parking space;
(e)how many rooms suitable for living in there are—
(i)in the dwelling;
(ii)in the dwelling which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;
(f)how many bedsitting rooms there are in the categories (e)(i) and (ii);
(g)how many bedrooms there are in the categories (e)(i) and (ii);
(h)how many bathrooms or toilets there are in the categories (e)(i) and (ii); and
(i)such other information as the rent officer may reasonably require to make a determination.
(8) In relation to the tenancy to which the claim or award relates, the relevant authority shall provide the following information—
(a)the information referred to in paragraphs (3)(d) to (f) and (4);
(b)if the tenancy is furnished, and if so, to what extent;
(c)the rental period, whether calendar monthly, four weekly, weekly or some other period;
(d)the length of the tenancy;
(e)when the tenancy began and, if appropriate, when it ended;
(h)the landlord’s or letting agent’s name;
(i)the landlord’s or letting agent’s business address;
(j)whether the landlord is a housing association or registered social landlord; and
(k)such other information as the rent officer may reasonably require to make a determination.
(9) In relation to the claimant and the other occupiers of the dwelling to which the claim or award relates, the relevant authority shall provide the following information—
(a)such information regarding the relationship of the claimant to the occupiers and the occupiers to each other, as is necessary for the rent officer to make the determination;
(b)the age and sex of each occupier under 18; and
(c)any other information that is relevant to the rent officer in making the determination, including visits to the dwelling.
(10) Where a rent officer serves a notice under article 5 (insufficient information) of the Rent Officers Order the relevant authority shall supply the further information required under this regulation, or confirm whether information already supplied is correct and, if it is not, supply the correct information.
(11) Where the relevant authority refers a case to the rent officer in accordance with regulation 14 as in force before the coming into force of regulation 8 of the Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007, it shall notify the rent officer that the referral is made in accordance with regulation 14 as in force before the coming into force of regulation 8 of those Regulations.
(12) In this regulation—
“tenancy” includes—
in Scotland, any other right of occupancy; and
in any other case, a licence to occupy premises,
and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;
“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the jurisdiction in which the area of the relevant authority is situated.]
Textual Amendments
F2Reg. 95A inserted (7.4.2008) by Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regs. 1(2), 3(2)
F3Words substituted in reg. 95A(1)(b) (7.4.2008) by The Housing Benefit (Local Housing Allowance, Information Sharing and Miscellaneous) Amendment Regulations 2008/586, regs. 1(2), 5(2)(b).
F495. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
96.—(1) For the purposes of section 128A of the Administration Act F5 (duty of an authority to disclose information to another authority) the circumstances in which information is to be disclosed are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
(2) The circumstances prescribed in this paragraph are, where—
(a)there is a mover who is or was in receipt of housing benefit from local authority “A”;
(b)either his second dwelling is within the area of another authority “B” or he is liable or treated as liable to make payments in respect of his second dwelling to housing authority B; and
(c)either—
(i)a payment under regulation 72 of the Housing Benefit Regulations 2006 is claimed from authority A; or
(ii)such a payment is claimed from authority B, who then requests the prescribed information from authority A,
authority A shall disclose to authority B the information prescribed in paragraph (3).
(3) The information to be disclosed is—
(a)in a case where the payment under regulation 72 of the Housing Benefit Regulations 2006 was claimed from authority A, details relevant to that claim of—
(i)the matters certified pursuant to regulation 72 of and paragraph 1 of Schedule 7 to the Housing Benefit Regulations 2006;
(ii)the matters notified pursuant to regulation 72 of and paragraph 2 of that Schedule;
(iii)the date it was so claimed;
(b)in the case of a person to whom regulation 6(5) of the Income Support Regulations F6 (persons not treated as engaged in remunerative work) applies—
(i)the date on which he was first engaged in the work referred to in sub-paragraph (a) of regulation 6(5) of those Regulations; and
(ii)the date on which his entitlement to income support ceased or was expected to cease; and
(c)in any case—
(i)the weekly rate of housing benefit awarded to the mover by authority A;
(ii)if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 50 (maximum housing benefit) and 55 (non-dependant deductions), the amount of those deductions;
(iii)if any deduction was being made from that benefit in respect of a recoverable overpayment pursuant to regulation 83 (method of recovery), the amount of those deductions;
(iv)the date on which his entitlement to housing benefit ceased;
(v)if a payment under regulation 72 of the Housing Benefit Regulations 2006 was made to the mover, the amount and date of any such payment; and
(vi)if no such payment was made, why none was made.
(4) In this regulation, “mover”, “the relevant day” and “second-dwelling” have the meanings assigned to them in paragraph 11 of Schedule 7 to the Housing Benefit Regulations 2006.
Textual Amendments
F5Section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18).
F6S.I. 1987/1967; the relevant amending Instrument is S.I. 2001/488.
97.—(1) For the purposes of section 122E(3) of the Administration Act F7 (duty of an authority to supply information to another authority) the circumstances in which information is to be supplied are prescribed in paragraph (2) and the information prescribed by this regulation is described in paragraph (3).
(2) The circumstances prescribed in this paragraph are, where—
(a)there is a mover who is or was in receipt of housing benefit from a local authority “A”;
(b)either his second dwelling is within the area of another local authority “B” or he is liable or treated as liable to make payments in respect of his second dwelling to housing authority B; and
(c)either—
(i)the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority A; or
(ii)the extended payment (severe disablement allowance and incapacity benefit) is claimed from authority B, who then requests the information described in paragraph (3) from authority A,
authority A shall supply to authority B that information.
(3) The information to be supplied is—
(a)in a case where that extended payment (severe disablement allowance and incapacity benefit) was claimed from authority A, details relevant to that claim of—
(i)the matters set out in regulation 58 or regulation 53(1)(b)(i) to (iii), as the case may be; and
(ii)the matters notified pursuant to regulation 53(1)(a)(ii) or (b)(iv), as the case may be; and
(iii)the date it was so claimed; and
(b)in any case—
(i)the weekly rate of housing benefit awarded to the mover by authority A;
(ii)if any deduction was being made from that benefit in respect of non-dependants, pursuant to regulations 50 and 55, the amount of those deductions;
(iii)if any deduction was being made from that benefit in respect of a recoverable overpayment pursuant to regulation 83, the amount of those deductions;
(iv)the date on which his entitlement to housing benefit ceased;
(v)if an extended payment (severe disablement allowance and incapacity benefit) was made to the mover, the amount and date of any such payment; and
(vi)if no extended payment (severe disablement allowance and incapacity benefit) was made, why none was made.
(4) In this regulation “mover” and “second dwelling” shall have the meanings assigned to them in paragraph 10 of Schedule 7.
Textual Amendments
F7Section 122E was inserted by section 3 of the Social Security Administration (Fraud) Act 1997 (c. 47).
98. Pursuant to section 126A of the Administration Act F8, where a claim is made to an authority, on which a rent allowance may be awarded, then, in the circumstances prescribed in regulation 99 (circumstances for requiring information), that authority, or any person authorised to exercise any function of the authority relating to housing benefit, may require an appropriate person to supply to that authority or person relevant information, in the manner prescribed in regulation 101 (manner of supply of information).
Textual Amendments
F8Section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47).
99.—(1) A person is required to supply information in the following circumstances—
(a)he is an appropriate person in relation to any dwelling in respect of which—
(i)housing benefit is being paid to an appropriate person pursuant to regulation 76 or 77 (circumstances in which payment is to be or may be made to a landlord); or
(ii)a request has been made by an appropriate person or by the claimant for housing benefit to be so paid; and
(b)the requirer serves upon that appropriate person, whether by post or otherwise, a written notice stating that the requirer—
(i)suspects that there is or may be an impropriety in relation to a claim in respect of any dwelling wherever situated in relation to which he is an appropriate person; or
(ii)is already investigating an allegation of impropriety in relation to that person.
(2) Information required to be supplied under paragraph (1) shall be supplied to the requirer at the address specified in the notice.
100.—(1) The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in this Part as “the relevant information”).
(2) For a supplier who falls within paragraph (4) or section 126A(2)(b) of the Administration Act (“the landlord”), the information is—
(a)where the landlord is a natural person—
(i)his appropriate details;
(ii)the relevant particulars of any residential property in which he has an interest; and
(iii)the appropriate details of any body corporate, in which he is a major shareholder or of which he is a director and which has an interest in residential property;
(b)where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;
(c)where the landlord is a body corporate or otherwise not a natural person, other than a charity—
(i)its appropriate details;
(ii)the relevant particulars of any residential property in which it has an interest;
(iii)the names and addresses of any directors of it;
(iv)the appropriate details of any person—
(aa)who owns 20 per cent. or more of it; or
(bb)of whom it owns 20 per cent. or more; and
(v)the names and addresses of its major shareholders;
(d)where the landlord is a charity or is a recognised body the appropriate details relating to the landlord and particulars of the landlord's registration as a charity.
(3) For a supplier who falls within section 126A(2)(c) of the Administration Act or paragraph (5) (“the agent”), the information is—
(a)the name and address of any person (“his principal”)—
(i)to whom the agent has agreed to make payments in consequence of being entitled to receive relevant payments; or
(ii)for whom the agent is acting on behalf of or in connection with any aspect of the management of a dwelling,
as the case may be;
(b)the relevant particulars of any residential property in respect of which the agent—
(i)has agreed to make payments in consequence of being entitled to receive relevant payments; or
(ii)is acting on behalf of his principal in connection with any aspect of its management;
(c)where the agent is a natural person—
(i)the relevant particulars of any residential property in which he has an interest;
(ii)the appropriate details of any body corporate or any person not a natural person, in which he is a major shareholder or of which he is a director and which has any interest in residential property; or
(d)where the agent is a body corporate or other than a natural person—
(i)the relevant particulars of any residential property in which it has an interest;
(ii)the names and addresses of any directors of or major shareholders in the agent; and
(iii)the appropriate details of any person—
(aa)who owns 20 per cent. or more of the agent; or
(bb)of whom the agent owns 20 per cent. or more.
(4) A supplier falls within this paragraph (landlord receiving rent), if he falls within section 126A(2)(a) of the Administration Act, but does not fall within paragraph (5).
(5) A supplier falls within this paragraph (agent receiving the rent), if he falls within subsection (2)(a) of section 126A of the Administration Act and has agreed to make payments, in consequence of being entitled to receive relevant payments, to a person falling within subsection (2)(b) of that section.
(6) For the purposes of this regulation—
“appropriate details” means the name of the person and (in the case of a company) its registered office and, in any case, the full postal address, including post code, of the principal place of business of that person and the telephone and facsimile number (if any) of that place;
“charity” means a charity which is registered under section 3 of the Charities Act 1993 F9 and is not an exempt charity within the meaning of that Act;
“” means, where a body corporate is a company limited by shares, any person holding one tenth or more of the issued shares in that company and, in any other case, all the owners of that body;
“recognised body” has the same meaning as in section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 F10;
“relevant particulars” means the full postal address, including post code, and number of current lettings of or within that residential property and, if that property includes two or more dwellings, that address and the number of such lettings for each such dwelling;
“residential property” includes any premises, situated within the United Kingdom—
used or which has, within the last six months, been used; or
which may be used or is adapted for use,
as residential accommodation,
and other expressions used in this regulation and also in the Companies Act 1985 F11 shall have the same meaning in this regulation as they have in that Act.
101.—(1) Subject to paragraph (2), the relevant information shall be supplied—
(a)in typewritten or printed form; or
(b)with the written agreement of the inquirer, in electronic or handwritten form,
within a period of 4 weeks commencing on the date on which the notice was sent or given.
(2) Where—
(a)within a period of 4 weeks commencing on the date on which the notice was sent or given, the supplier requests that the time for the supply of the relevant information be extended; and
(b)the requirer provides written agreement to that request,
the time for the supply of the relevant information shall be extended to a period of 8 weeks commencing on the date on which the notice was sent or given.
102. Any failure by the supplier to supply relevant information to the requirer as, when and how required under regulations 98 to 101 shall be an offence under section 113 of the Administration Act F12 and there may be recovered from the supplier, on summary conviction for this offence, penalties not exceeding—
(a)for any one offence, level 3 on the standard scale; or
(b)for an offence of continuing any such failure after conviction, £40 for each day on which it is so continued.
Textual Amendments
F12Section 113 was substituted by the Social Security Act 1998 (c. 14).