The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Rent free periods

62.—(1) This regulation applies to a claimant for any period (referred to in this regulation as a rent free period) in, or in respect of, which he is not liable to pay rent except for any period to which regulation 8(1)(d) (waiver of rent by landlord in return for work done) applies.

(2) In the case of the beginning or ending of a claimant’s rent free period—

(a) where regulation 61(2)(a) (calculation of weekly amounts) applies—

(i) his eligible rent for the benefit week in which that period begins shall be nil; and

(ii) his eligible rent for the benefit week in which that period ends shall be his weekly eligible rent determined in accordance with regulation 61(2)(a) unless the rent free period lasts for the whole of that benefit week, in which case his eligible rent shall be nil;

(b) where regulation 61(2)(b) applies, his eligible rent for the benefit week in which the rent-free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 61(4) applies.

(3) For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case—

(a) in a case to which regulation 61(2)(a) applies, the amounts determined in his case in accordance with Parts 5 to 7 (applicable amounts, income and capital and amount of benefit) shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

(b) subject to paragraph (4), in a case to which regulation 61(2)(b) applies, the amounts determined in his case in accordance with Parts 5 to 7 shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

(4) In a case to which paragraph (3)(b) applies, where either regulation 61(5) or (6) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant’s eligible rent.