SCHEDULE 1Ineligible service charges
PART 1Service charges other than for fuel
Ineligible service charges1
The following service charges shall not be eligible to be met by housing benefit—
a
charges in respect of day-to-day living expenses including, in particular, all provision of—
i
subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);
ii
laundry (other than the provision of premises or equipment to enable a person to do his own laundry);
F37iii
leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);
iv
cleaning of rooms and windows except cleaning of—
aa
communal areas; or
bb
the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,
where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the F57Welsh Ministers to the claimant or his partner, or to another person on their behalf; and
v
transport;
b
charges in respect of—
i
the acquisition of furniture or household equipment; and
ii
the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;
c
charges in respect of the provision of an emergency alarm system;
d
charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);
e
charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);
f
charges in respect of general counselling or of any other support services, whoever provides those services;
g
charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.
Amount ineligible for meals2
1
Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.
2
Subject to sub-paragraph (4), where the charge includes provision for at least three meals a day, the amount shall be—
a
for a single claimant, F224£33.15;
3
Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than three meals a day, the amount shall be—
a
for a single claimant, F224£22.10;
4
For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.
5
Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be F224£4.05.
6
Where a charge for meals includes provision for meals for a person who is not a member of the claimant's family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant's family.
7
For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.
Amount of ineligible charges3
1
Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the appropriate authority shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.
2
Subject to paragraph 2, where the relevant authority considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.
3
In sub-paragraph (2) the expression “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 12(1)(e) (rent).
4
In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.
Excessive service costs4
Subject to paragraph 2, where the relevant authority considers that the amount of a service charge to which regulation 12(1)(e) (rent) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.
PART 2Payments in respect of fuel charges
5
A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.
6
1
Where a charge is ineligible to be met by housing benefit under paragraph 5—
a
in the calculation of entitlement to a rent rebate; or
b
in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),
the amount ineligible to be met by housing benefit shall be the full amount of the service charge.
2
In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—
C1a
for heating (other than hot water) £35.25;
C2b
for hot water £4.10;
C4c
for lighting £2.85;
C3d
for cooking £4.10.
3
Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one-half of the aggregate of the amounts specified in sub-paragraphs (2)(a), (b) and (c).
4
In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.
7
1
Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall—
a
where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or
b
in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the relevant authority for the purpose of calculating the claimant's weekly eligible rent under regulation 61 (calculation of weekly amounts).
2
In a case to which regulation 62 applies (rent free periods), any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall—
a
where rent is payable weekly, or in multiples of a week, 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; or
b
in any other case, 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.
8
In this Schedule—
“communal areas” mean areas (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;
“fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.
SCHEDULE 2Excluded tenancies
F401
An excluded tenancy is any tenancy to which any of the following paragraphs applies.
2
1
Subject to sub-paragraphs (2) and (3), where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—
a
the tenancy in respect of which that determination was made; and
b
any other tenancy of the same dwelling on terms which are substantially the same, other than the term relating to the amount of rent, as those terms were at the time of that determination or, if earlier, at the end of the tenancy.
2
For the purposes of any claim, notification, request or application under regulation 14(1) (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer’s determination made in consequence of an earlier claim, notification, request or application (“the earlier application”) where—
a
the earlier and later applications were made in respect of the same claimant or different claimants; and
b
the earlier application was made more than 52 weeks before the later application was made.
3
Sub-paragraph (1) shall not apply where subsequent to the making of the determination mentioned in that sub-paragraph—
a
the number of occupiers of the dwelling has changed and that dwelling is not in a hostel;
b
there has been a substantial change in the condition of the dwelling (including the making of improvements) or the terms of the tenancy other than a term relating to rent;
c
there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that determination was made (or was a term substantially the same as such a term) and that determination was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 1 to the Rent Officers Order;
d
in a case where the rent officer has made a determination under paragraph 2(2) of Schedule 1 to the Rent Officers Order (size and rent determinations), but since the date of the application for that determination—
i
a child, who is a member of the household occupying the dwelling, has attained the age of 10 years;
ii
a young person, who is a member of the household occupying that dwelling, has attained the age of 16 years; or
iii
there is a change in the composition of the household occupying the dwelling.
F163e
any person mentioned in paragraph 1A(a) of Schedule 2 to the Rent Officers Order becomes or ceases to be a person who requires overnight care where that affects the size criteria, as set out in that Schedule to that Order, applicable in the claimant’s case;
F99f
the claimant or the claimant’s partner becomes, or ceases to be, a qualifying parent or carer where that affects the size criteria, as set out in Schedule 2 to the Rent Officers Order, applicable in the claimant’s case.
F1004
For the purposes of sub-paragraph (3)(d)(iii) it does not amount to a change in the composition of the household where a son, daughter, step-son or step-daughter of the claimant or the claimant’s partner who is the claimant’s non-dependant ceases to occupy the dwelling as their home because they become a member of the armed forces away on operations, or subsequently resumes occupying the dwelling as their home on ceasing to be a member of the armed forces away on operations.
3
F741
Subject to F83sub-paragraphs (1A) and (2), this paragraph applies where the landlord is—
a
a registered housing association;
b
a county council, with regard to gypsies’ and travellers’ caravan or mobile home sites and caravans or mobile homes provided on those sites; or
c
a housing authority, with regard to caravan or mobile home sites or houseboat moorings, payments in respect of which are to take the form of a rent allowance in accordance with regulation 72A(3).
F841A
In relation to a profit-making registered provider of social housing, sub-paragraph (1)(a) only applies to its social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008).
2
Sub-paragraph (1) does not apply where the local authority considers that—
a
the claimant occupies a dwelling larger than is reasonably required by the claimant and any others who occupy that dwelling (including any non-dependants of the claimant and any person paying rent to the claimant); or
b
the rent payable for that dwelling is unreasonably high.
3
Where the circumstances set out in head (a) or (b) of sub-paragraph (2) exist, the authority must state this in their application for a determination.
4
In this Schedule “gypsies and travellers” means—
a
persons with a cultural tradition of nomadism or of living in a caravan; and
b
all other persons of a nomadic habit of life, whatever their race or origin, including—
i
such persons who, on grounds only of their own or their family’s or dependant’s educational or health needs or old age, have ceased to travel temporarily or permanently; and
ii
members of an organised group of travelling show people or circus people (whether or not travelling together as such).
4
This paragraph applies to a tenancy entered into before—
a
in Scotland, 2nd January 1989; and
b
in any other case, 15th January 1989.
5
This paragraph applies to a regulated tenancy within the meaning of—
a
in Scotland, the Rent (Scotland) Act 1984; and
b
in any other case, the Rent Act 1977.
6
This paragraph applies to a housing association tenancy which—
a
in Scotland, is a tenancy to which Part 6 of the Rent (Scotland) Act 1984 applies; and
b
in any other case, is a housing association tenancy to which Part 6 of the Rent Act 1977 applies.
7
This paragraph applies to a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976.
8
This paragraph applies to a tenancy at a low rent within the meaning of Part 1 of the Landlord and Tenant Act 1954 or Schedule 10 to the Local Government and Housing Act 1989.
9
This paragraph applies to a tenancy of any dwelling which is a bail hostel or probation hostel approved by the Secretary of State under F53section 13 of the Offender Management Act 2007.
10
This paragraph applies to a tenancy of a housing action trust established under Part 3 of the Housing Act 1988.
11
1
Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—
a
in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;
b
in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;
c
in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996, otherwise than from a housing action trust within the meaning of Part 3 of the Housing Act 1988, or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or
d
in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990 to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968 to a housing association.
2
This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—
a
there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and
b
the local authority stated in the application for determination that—
i
the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or
ii
the rent payable for that dwelling is unreasonably high.
3
Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.
12
This paragraph applies to a shared ownership tenancy.
13
In this Schedule, “rent” shall be construed in accordance with paragraph (8) of regulation 14 (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that paragraph, has the same meaning—
a
in Scotland, as in section 25 of the Housing (Scotland) Act 1988, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;
b
in any other case, as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,
and—
i
other expressions have the same meanings as in regulation 14(8);
ii
in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.
SCHEDULE 3Applicable amounts
PART 1Personal allowances
1
The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 22—
F225Column (1) Person, couple or polygamous marriage | Column (2) Amount | |||
|---|---|---|---|---|
(1) Single claimant or lone parent— | (1) | |||
(b) (c) | who has attained pensionable age before 1st April 2021. who has attained pensionable age on or after 1st April 2021. | (b) (c) | £217.00. £201.05. | |
(2) Couple— | (2) | |||
(b) (c) | one member or both members who have attained pensionable age before 1st April 2021. both members who have attained pensionable age on or after 1st April 2021. | (b) (c) | £324.70. £306.85. | |
(4) If the claimant is a member of a polygamous marriage and one or more members of the marriage have attained pensionable age before 1st April 2021— | (4) | |||
(a) | for the claimant and the other party to the marriage; | (a) | £324.70; | |
(b) | for each additional spouse who is a member of the same household as the claimant. | (b) | £107.70. | |
(5) If the claimant is a member of a polygamous marriage and all members of the marriage have attained pensionable age on or after 1st April 2021— | (5) | |||
(a) | for the claimant and the other party to the marriage; | (a) | £306.85; | |
(b) | for each additional spouse who is a member of the same household as the claimant. | (b) | £105.80. | |
2
1
The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 22—
2
In column (1) of the Table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.
PART 2Family premium
3
F1581
The amount for the purposes of regulations 22(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be F228£18.53
F1742
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 3Premiums
4
The premiums specified in Part 4 shall, for the purposes of regulation 22(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium.
5
1
Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—
a
b
any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act F2, or by F75Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990 F3 or for any period during which he is in receipt of a training allowance F235and
F236c
in the case of carer support payment, any period during which, apart from regulation 16 of the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023, he would be in receipt of that benefit.
2
F108For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70 of the Act by virtue of sub-paragraph (1)(a) F238or carer support payment by virtue of sub-paragraph (1)(c) only if and for so long as the person in respect of whose care the allowance F239or payment has been claimed remains in receipt of—
a
attendance allowance;
b
c
F207ca
the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
d
armed forces independence payment.
Severe disability premium6
1
The condition is that the claimant is a severely disabled person.
2
For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—
a
in the case of a single claimant, lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—
i
he is in receipt of attendance allowanceF111, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF208, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF209, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F116or armed forces independence payment; and
ii
subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and
b
in the case of a claimant who has a partner—
i
the claimant is in receipt of attendance allowanceF112, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF210, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF211, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F117or armed forces independence payment; and
ii
iii
subject to sub-paragraph (6), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,
and either a person is entitled to and in receipt of a carer's allowance F242or carer support paymentF151or has an award of universal credit which includes the carer element in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance F243or paymentF152or has such an award of universal credit in respect of caring for either member of a couple or any of the members of the marriage.
3
Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.
F1444
For the purposes of sub-paragraph (3), a person is blind if he is certified as severely sight impaired or blind by a consultant ophthalmologist.
F1455
For the purposes of sub-paragraph (4), a person who has ceased to be certified as severely sight impaired or blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so certified.
6
For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—
a
a person receiving attendance allowanceF114, the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the ActF212, the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78(3) of the 2012 ActF213, the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022F118or armed forces independence payment; or
b
a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).
7
For the purposes of sub-paragraph (2)(b) a person shall be treated —
a
as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;
b
as being entitled to and in receipt of a carer's allowance F241or carer support paymentF154or having an award of universal credit which includes the carer element if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt F155or have such an award of universal credit.
F115c
as being in receipt of the daily living component of personal independence payment at the standard or enhanced rate in accordance with section 78 of the 2012 Act, if he would, but for F140payment ceasing by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be so in receiptF214;
F214d
as being in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the F219Disability Assistance for Working Age People (Scotland) Regulations 2022, if they would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of those Regulations, be so in receipt
8
For the purposes of sub-paragraph (2)(a)(iii) and (2)(b)—
a
b
references to a person being in receipt of a carer's allowance F149or as having an award of universal credit which includes the carer element shall include references to a person who would have been in receipt of that allowance F150or had such an award of universal credit but for the application of a restriction under section F856B or 7 of the Social Security Fraud Act 2001 F4 (loss of benefit).
Enhanced disability premium7
F1191
Subject to sub-paragraph (2), the condition is that—
a
the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Act; or
F201aa
the care component of child disability payment is payable at the highest rate in accordance with regulation 11(5) of the DACYP Regulations in respect of a member of the claimant’s family; or
b
the daily living component of personal independence payment is F141payable, or has ceased to be payable by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act, be payable at the enhanced rate under section 78(2) of the 2012 Act;
in respect of a child or young person who is a member of the claimant’s familyF120F215;
F216ba
the daily living component of adult disability payment is payable, or has ceased to be payable by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the F220Disability Assistance for Working Age People (Scotland) Regulations 2022, at the enhanced rate in accordance with regulation 5 of those Regulations; or;
c
armed forces independence payment is payable.
F942
Where the condition in sub-paragraph (1) ceases to be satisfied because of the death of a child or young person, the condition is that the claimant F97or partner is entitled to child benefit in respect of that person under section 145A of the Act (entitlement after death of child or qualifying young person).
Disabled child premium8
The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant's household—
a
is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or
F202aa
is in receipt of child disability payment; or
b
is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5);
F95c
is a child or young person in respect of whom section 145A of the Act (entitlement after death of child or qualifying young person) applies for the purposes of entitlement to child benefit but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child or young person, or ceased to be included in the claimant’s applicable amount because of that child or young person’s death.F121; or
d
is a young person who is in receipt of personal independence payment or who would, but for F142payment ceasing by virtue of regulations made under section 86(1) (hospital in-patients) of the 2012 Act be so in receipt, provided that the young person continues to be a member of the familyF122; F217...
F218da
is a young person who is in receipt of adult disability payment or who would, but for payment ceasing by virtue of regulation 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022 be so in receipt, provided that the young person continues to be a member of the family; or
e
is a young person who is in receipt of armed forces independence payment.
Carer premium9
1
The condition is that the claimant or his partner is, or both of them are, entitled to a carer's allowance F245or carer support payment.
2
Where a carer premium has been awarded but—
a
the person in respect of whose care the carer's allowance F245or carer support payment has been awarded dies; or
b
the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer's allowance F245or carer support payment,
this paragraph shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).
3
The relevant date for the purposes of sub-paragraph (2) is—
a
the Sunday following the death of the person in respect of whose care the carer's allowance F245or carer support payment has been awarded (or beginning with the date of death if the date occurred on a Sunday);
b
where head (a) above does not apply, the date on which that person who was entitled to a carer's allowance F245or carer support payment ceases to be entitled to it.
4
For the purposes of this paragraph, a person shall be treated as being entitled to and in receipt of a carer's allowance F245or carer support payment for any period not covered by an award but in respect of which a payment is made in lieu of an award.
Persons in receipt of concessionary payments10
For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 9, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.
Person in receipt of benefit11
For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.
PART 4Amounts of premiums specified in Part 3
12
Premium | Amount |
|---|---|
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SCHEDULE 4Sums disregarded from claimant's earnings
1
Where two or more of paragraphs 2 to 5 apply in any particular case the overall maximum sum which falls to be disregarded in that case under those paragraphs is restricted to—
a
£25 in the case of a lone parent;
b
£20 in any other case.
2
In a case where a claimant is a lone parent, £25 of earnings.
3
1
In a case of earnings from any employment or employments to which sub-paragraph (2) applies, £20.
2
This paragraph applies to employment—
F133a
a part-time fire-fighter employed by a fire and rescue authority under the Fire and Rescue Services Act 2004 or by the Scottish Fire and Rescue Service established under section 1A of the Fire (Scotland) Act 2005;
c
as an auxiliary coastguard in respect of coast rescue activities;
d
in the manning or launching of a lifeboat if the employment is part-time;
e
as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to Social Security (Contributions) Regulations 2001 F5.
3
If—
a
any of the earnings of the claimant or, if he has a partner, his partner, or both of them, are disregarded under sub-paragraph (1); and
b
either of them has, or they both have, other earnings,
so much of those other earnings as would not, in aggregate with the earnings disregarded under that sub-paragraph, exceed £20.
4
1
If the claimant or, if he has a partner, his partner is a carer, or both are carers, £20 of any earnings received from his or their employment.
2
Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.
3
In this paragraph the claimant or his partner is a carer if paragraph 9 of Part 3 of Schedule 3 (amount applicable for carers) is satisfied in respect of him.
5
1
£20 is disregarded if the claimant or, if he has a partner, his partner—
a
is in receipt of—
i
long-term incapacity benefit under Section 30A of the Act F6;
ii
severe disablement allowance under section 68 of the Act F7;
iii
attendance allowance;
iv
disability living allowance under sections 71 to 76 of the Act F8;
v
vi
the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations F10; or
F126ix
armed forces independence payment; or
F146b
is or are certified as severely sight impaired or blind by a consultant ophthalmologist; or
c
is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act F11 (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—
i
in the case of a claimant who is terminally ill within the meaning of section 30B(4) of that Act F12, 196 days;
ii
in any other case, 364 days; F73or
F73d
has, or is treated as having, limited capability for work within the meaning of section 1(4) of the Welfare Reform Act or limited capability for work-related activity within the meaning of section 2(5) of that Act and either—
i
the assessment phase as defined in section 24(2) of the Welfare Reform Act has ended; or
2
Subject to sub-paragraph (3), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant or his partner attains the qualifying age for state pension credit, had an award of housing benefit F101... and—
a
£20 was disregarded in respect of earnings taken into account in that award;
b
the person whose earnings qualified for the disregard continues in employment after the termination of that award.
3
The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person's entitlement to housing benefit F102... or in employment following the first day in respect of which that benefit is awarded.
4
£20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the claimant has a partner, both the claimant and his partner satisfy the requirements of this paragraph.
F875A
1
Where—
a
the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;
b
the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and
c
regulation 26 does not apply,
the amount specified in sub-paragraph (7) (“the specified amount”).
2
Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.
3
Notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).
4
Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.
5
This sub-paragraph applies to a person who is—
a
in receipt of a contributory employment and support allowance;
b
in receipt of incapacity benefit;
c
in receipt of severe disablement allowance; or
d
being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.
6
“Exempt work” means work of the kind described in—
a
regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations F130or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013; or (as the case may be)
b
regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,
and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.
7
The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).
6
Any amount or the balance of any amount which would fall to be disregarded under paragraph 18 or 19 of Schedule 5 had the claimant's income which does not consist of earnings been sufficient to entitle him to the full disregarded thereunder.
7
Except where the claimant or his partner qualifies for a £20 disregard under the preceding provisions of this Schedule—
a
£5 shall be disregarded if a claimant who has no partner has earnings;
b
£10 shall be disregarded if a claimant who has a partner has earnings.
8
Any earnings, other than earnings referred to in regulation 33(8)(b) (copyright, F72design, patent or trade mark), derived from employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to housing benefit.
9
C51
In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under this Schedule shall be increased by F89£17.10.
2
The conditions of this sub-paragraph are that—
a
the claimant, or if he has a partner, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies; or
b
the claimant—
i
is, or any partner of his is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or
ii
if he is a member of a couple—
aa
at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week; and
F159bb
his family includes at least one child or young person;
iii
is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or
iv
is, or if he has a partner, one of them is, engaged in remunerative work for on average not less than 16 hours per week, and paragraph 5(1) above is satisfied in respect of that person; or
c
the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations F13 (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.
3
The following are the amounts referred to in sub-paragraph (1)—
a
any amount disregarded under this Schedule;
b
the amount of child care charges calculated as deductible under regulation 31(1)(c) (treatment of child care charges); and
4
The provisions of regulation 6 (remunerative work) shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation was a reference to 30 hours.
10
Where a payment of earnings is made in a currency other than Sterling any banking charge or commission payable in converting that payment into Sterling.
SCHEDULE 5Amounts to be disregarded in the calculation of income other than earnings
1
In addition to any sum which falls to be disregarded in accordance with paragraphs 2 to 6, £10 of any of the following, namely—
a
a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 2 or 3);
c
a pension payable to a person as a widow, widower or surviving civil partner under F59... 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;
d
a guaranteed income payment F60and, if the amount of that payment has been abated to less than £10 by a F78pension or payment falling within article 31(1)(a) or (b) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, so much of F79that pension or payment as would not, in aggregate with the amount of F80any guaranteed income payment disregarded, exceed £10;
e
a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;
f
a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;
F162g
a pension paid by a government to victims of National Socialist persecution.
2
The whole of any amount included in a pension to which paragraph 1 relates in respect of—
a
the claimant's need for constant attendance;
b
the claimant's exceptionally severe disablement.
3
Any mobility supplement under F61article 20 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 F14 or any payment intended to compensate for the non-payment of such a supplement.
F624
Any supplementary pension under article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006 (pensions to surviving spouses and surviving civil partners) and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under that Order.
5
In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983 F15 (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.
6
1
Any payment which is—
a
made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person—
i
whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and
ii
whose service in such capacity terminated before 31st March 1973; and
F63b
equal to the amount specified in article 23(2) of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006.
2
In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).
7
£15 of any widowed parent's allowance to which the claimant is entitled under section 39A of the Act F16.
8
£15 of any widowed mother's allowance to which the claimant is entitled under section 37 of the Act F17.
9
Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—
a
where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent. of such payments; or
b
where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.
10
If the claimant—
a
owns the freehold or leasehold interest in any property or is a tenant of any property; and
b
occupies a part of that property; and
c
has an agreement with another person allowing that person to occupy another part of that property on payment of rent and—
i
the amount paid by that person is less than £20 per week, the whole of that amount; or
ii
the amount paid is £20 or more per week, £20.
11
Where a claimant receives income under an annuity purchased with a loan, which satisfies the following conditions—
a
that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;
b
that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65 F177or, if it was higher at that time, pensionable age;
c
that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling;
d
that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and
e
that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,
the amount, calculated on a weekly basis, equal to—
i
where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988 F18 (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;
ii
in any other case, the interest which is payable on the loan without deduction of such a sum.
12
1
Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them.
2
This sub-paragraph applies to payments made to the claimant by Trustees in exercise of a discretion exercisable by them for the purpose of—
a
obtaining food, ordinary clothing or footwear or household fuel;
b
the payment of rent, council tax or water charges for which that claimant or his partner is liable;
c
meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations 2002 F19.
3
In a case to which sub-paragraph (2) applies, £20 or—
a
if the payment is less than £20, the whole payment;
b
if, in the claimant's case, £10 is disregarded in accordance with paragraph 1(a) to (g), £10 or the whole payment if it is less than £10; or
c
if, in the claimant's case, £15 is disregarded under paragraph 7 or paragraph 8 and—
i
he has no disregard under paragraph 1(a) to (g), £5 or the whole payment if it is less than £5;
ii
he has a disregard under paragraph 1(a) to (g), nil.
4
For the purposes of this paragraph—
“F42ordinary clothing or footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities; and
“rent” means eligible rent for the purposes of these Regulations less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions).
13
14
Any payment ordered by a court to be made to the claimant or the claimant's partner in consequence of any accident, injury or disease suffered by the person or a child of the person to or in respect of whom the payments are made.
15
Periodic payments made to the claimant or the claimant's partner under an agreement entered into in settlement of a claim made by the claimant or, as the case may be, the claimant's partner for an injury suffered by him.
16
Any income which is payable outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.
17
Any banking charges or commission payable in converting to Sterling payments of income made in a currency other than Sterling.
18
Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—
a
b
under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980 F22, that student's bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or
c
the student's student loan,
an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.
19
1
Where the claimant is the parent of a student aged under 25 in advanced education who either—
a
is not in receipt of any award, grant or student loan in respect of that education; or
b
is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or an award bestowed by virtue of the Teaching and Higher Education Act 1998, or regulations made thereunder, or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980 F23, or a payment under section 73 of that Act of 1980,
and the claimant makes payments by way of a contribution towards the student's maintenance, other than a parental contribution falling within paragraph 18, an amount specified in sub-paragraph (2) in respect of each week during the student's term.
2
For the purposes of sub-paragraph (1), the amount shall be equal to—
a
the weekly amount of the payments; or
b
the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),
whichever is less.
20
1
F160Where a claimant’s family includes at least one child or young person, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by the claimant's spouse, civil partner, former spouse or former civil partner or the claimant's partner's spouse, civil partner, former spouse, or former civil partner.
2
For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.
C721
22
Except in the case of income from capital specified in Part 2 of Schedule 6, any actual income from capital.
F6723
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F8124
Where the total value of any capital specified in Part 2 (capital disregarded only for the purposes of determining deemed income) of Schedule 6 does not exceed £10,000, any income actually derived from such capital.
F23425
Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.
SCHEDULE 6Capital to be disregarded
PART 1Capital to be disregarded generally
1
Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.
2
Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.
3
Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.
4
Any premises occupied in whole or in part—
a
by a person who is a relative of the claimant or of his partner as his home F92where that person has attained the qualifying age for state pension credit or is incapacitated;
b
by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.
5
Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.
6
Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner or the dissolution of a civil partnership with his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.
7
Any premises where the claimant is taking reasonable steps to dispose of the whole of his interest in those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.
8
All personal possessions.
9
The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be engaged, for such period as may be reasonable in the circumstances to allow for disposal of those assets.
10
The assets of any business owned in whole or in part by the claimant if—
a
he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but
b
he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,
for a period of 26 weeks from the date on which the claim for housing benefit is made or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.
11
The surrender value of any policy of life insurance.
12
The value of any funeral plan contract; and for this purpose, “funeral plan contract” means a contract under which—
a
the claimant makes one or more payments to another person (“the provider”);
b
the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom for the claimant on his death; and
c
the sole purpose of the plan is to provide or secure the provision of a funeral for the claimant on his death.
13
Where an ex-gratia payment has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—
a
the claimant;
b
the claimant's partner;
c
the claimant's deceased spouse or deceased civil partner; or
d
the claimant's partner's deceased spouse or deceased civil partner,
by the Japanese during the Second World War, an amount equal to that payment.
14
1
Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant's partner who is—
a
a diagnosed person;
b
a diagnosed person's partner or was a diagnosed person's partner at the time of the diagnosed person's death;
c
a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death.
2
Where a trust payment is made to—
a
a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date.
3
Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant's partner who is—
a
the diagnosed person;
b
a diagnosed person's partner or was a diagnosed person's partner at the date of the diagnosed person's death; or
c
a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death.
4
Where a payment such as referred to in sub-paragraph (3) is made to—
a
a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending on the date on which that person dies;
b
a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending two years after that date.
5
In this paragraph, a reference to a person—
a
being the diagnosed person's partner;
b
acting in place of the diagnosed person's parents,
at the date of the diagnosed person's death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home or an independent hospital.
6
In this paragraph—
“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;
“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;
“trust payment” means a payment under a relevant trust.
15
The amount of any payment, other than a F68war pension, to compensate for the fact that the claimant, the claimant's partner, the claimant's deceased spouse or civil partner or the claimant's partner's deceased spouse or civil partner—
a
was a slave labourer or a forced labourer;
b
had suffered property loss or had suffered personal injury; or
c
was a parent of a child who had died,
during the Second World War.
16
1
Any payment made under F86or by—
a
the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust F88, MFET Limited, the Skipton Fund F98, the Caxton FoundationF166, the Scottish Infected Blood Support SchemeF171, an approved blood schemeF169, the London Emergencies Trust, the We Love Manchester Emergency Fund,F181the National Emergencies TrustF233, the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund (collectively referred to in this paragraph as “the Trusts”); or
b
the Independent Living F54Fund (2006).
F1821A
2
Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under F86or by any of the Trusts F183, or from a Grenfell Tower paymentF205, a child abuse payment F231, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, and which is made to or for the benefit of that person's partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person's death.
3
Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under F86or by any of the Trusts F184, or from a Grenfell Tower paymentF205, a child abuse payment F231, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.
4
Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under F86or by any of the Trusts, F185or from a Grenfell Tower paymentF205, a child abuse payment F231, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, where—
a
that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved nor any child who is or had been a member of that person's household; and
b
the payment is made either—
i
to that person's parent or step-parent; or
ii
where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,
but only for a period from the date of the payment until the end of two years from that person's death.
5
Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under F86or by any of the Trusts, F186or from a Grenfell Tower paymentF205, a child abuse payment F231, a Windrush payment, a Post Office compensation payment or a vaccine damage payment, where—
a
that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child who was or had been a member of his household; and
b
the payment is made either—
i
to that person's parent or step-parent; or
ii
where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,
but only for a period of two years from the relevant date.
F2325A
Any payment out of the estate of a person, which derives from a payment to meet the recommendation of the Infected Blood Inquiry in its interim report published on 29th July 2022 made under or by the Scottish Infected Blood Support Scheme or an approved blood scheme to the estate of the person, where the payment is made to the person’s son, daughter, step-son or step-daughter.
6
In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts F187or from a Grenfell Tower paymentF205, a child abuse payment F231, a Windrush payment, a Post Office compensation payment or a vaccine damage payment.
17
1
An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.
2
Where the whole or part of the payment is administered—
F35a
by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998, or the Court of Protection, or on behalf of a person where the payment can only be disposed of by order or direction of any such court;
b
in accordance with an order under Rule 36.14 of the Ordinary Cause Rules 1993 F24 or under Rule 128 of those Rules; or
c
in accordance with the terms of a trust established for the benefit of the claimant or his partner,
the whole of the amount so administered.
18
Any amount specified in paragraphs 19, 20F69, 21 or 26B for a period of one year beginning with the date of receipt.
19
Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the claimant as his home and to his personal possessions.
20
So much of any amounts paid to the claimant or deposited in the claimant's name for the sole purpose of—
a
purchasing premises which the claimant intends to occupy as his home; or
b
effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.
21
1
Subject to paragraph 22 any amount paid—
a
by way of arrears of benefit;
b
by way of compensation for the late payment of benefit;
c
in lieu of the payment of benefit;
d
to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;
e
by a local authority (including, in relation to England, a county council), or by the F70Welsh Ministers, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.
F105f
by way of local welfare provision including arrears and payments in lieu of local welfare F189provision;
F188g
to rectify, or to compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance, being an amount to which paragraph 22(1A) does not apply.
2
In sub-paragraph (1), “benefit” means—
a
attendance allowance under section 64 of the Act;
b
disability living allowance;
F127ba
personal independence payment;
F128bb
armed forces independence payment;
c
income support;
d
income-based jobseeker's allowance;
e
state pension credit;
f
housing benefit;
g
council tax benefit;
h
child tax credit;
i
an increase of a disablement pension under section 104 of the Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);
j
any amount included on account of the claimant's exceptionally severe disablement or need for constant attendance in a war disablement pension or a war widow's or widower's pension.
F32k
any discretionary housing payment paid pursuant to regulation 2(1) of the Discretionary Financial Assistance Regulations 2001; F50...
l
working tax creditF106...
o
universal credit.
F168p
bereavement support payment under section 30 of the Pensions Act 2014.
F176q
early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.
F178r
funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.
F179s
maternity allowance under section 35 of the Act (state maternity allowance for employed or self-employed earner).
F180t
any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.
F197u
any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
F198v
short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018;
F199w
winter heating assistance given in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018;
F203x
disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.
F1903
In sub-paragraph (1) “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance.
22
1
Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error F175or an error on a point of law relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations or the Housing Benefit Regulations 2006.
F1911A
Subject to sub-paragraph (3), any payment of £5,000 or more received by the claimant in full on or after the day on which the claimant became entitled to benefit under these Regulations or the Housing Benefit Regulations 2006 which has been made to rectify, or to compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance.
1B
In sub-paragraph (1) “contributory employment and support allowance” has the meaning in paragraph 21(3) of this Schedule.
2
Subject to sub-paragraph (3), the total amount of any payments disregarded under—
a
paragraph 7(2) of Schedule 10 to the Income Support Regulations F25;
b
paragraph 12(2) of Schedule 8 to the Jobseeker's Allowance Regulations F26;
d
paragraph 20A of Schedule 5 to the State Pension Credit Regulations 2002F27,
F52e
paragraph 11(2) of Schedule 9 to the Employment and Support Allowance Regulations,
F134f
paragraph 18 of Schedule 10 to the Universal Credit Regulations 2013,
F193g
regulations 10A to 10C of the Universal Credit (Transitional Provisions) Regulations 2014,
where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.
3
Any disregard which applies under sub-paragraph F194(1), (1A) or (2) shall have effect until the award comes to an end.
4
In this paragraph—
“the award”, except in sub-paragraph (2), means—
- a
the award of benefit under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and
- b
where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the claimant—
- i
is the person who received the relevant sum;
- ii
is the partner of that person; or
- iii
was the partner of that person at the date of his death;
- i
- a
“official error”—
- a
where the error relates to housing benefit F103..., has the meaning given by regulation 1(2) of the Decisions and Appeals RegulationsF28;
- b
where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999F29;
- a
“the relevant date” means—
- a
in the case of an existing award of benefit under these Regulations or the Housing Benefit Regulations 2006, 6th October 2003; and
- b
in any other case, the date on which the claim for benefit under these Regulations or the Housing Benefit Regulations 2006 was made;
- a
“relevant benefit” means any benefit specified in paragraph 21(2); and
“the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).
F22122A
Any payment of a widowed parent’s allowance made pursuant to section 39A of the Act (widowed parent’s allowance)—
a
to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and
b
in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,
but only for a period of 52 weeks from the date of receipt of the payment.
23
Where a capital asset is held in a currency other than Sterling, any banking charge or commission payable in converting that capital into Sterling.
24
The value of the right to receive income from an occupational pension scheme or a personal pension scheme.
F3925
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
26
The dwelling occupied as the home; but only one dwelling shall be disregarded under this paragraph.
F8226A
Where a person elects to be entitled to a lump sum under Schedule 5 or 5A to the Contributions and Benefits Act or under Schedule 1 to the Graduated Retirement Benefit Regulations, or is treated as having made such an election, and a payment has been made pursuant to that election, an amount equal to—
a
except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;
b
the amount of that lump sum,
but only for so long as that person does not change that election in favour of an increase of pension or benefit.
F15726AA
Where a person chooses a lump sum under section 8(2) of the Pensions Act 2014 or in accordance with Regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—
a
except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;
b
the amount of that lump sum,
but only for so long as that person does not alter that choice in favour of an increase of pension.
F5626B
Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.
F7126C
Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).
F9626D
Any payments madeF136...—
a
F137by virtue of regulations made under section 57 of the Health and Social Care Act 2001 (direct payments);
F139b
as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; F147...
c
F173e
by virtue of regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).
F10426E
Any payment in consequence of a reduction of council tax under section 13, 13A or 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.
F14326F
Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)
F16126G
1
Any payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995.
2
Subject to sub-paragraph (3), any payment or part of a payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995 to a person (“A”) which A passes on to the claimant.
3
Sub-paragraph (2) only applies where A—
a
was formerly in the care of the claimant;
b
is aged 16 or over; and
c
continues to live with the claimant.
F16726H
F2221
A payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.
F2232
Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—
a
in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and
b
paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,
but only for a period of 52 weeks from the date of receipt of the payment.
F17026I
Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.
F19526J
Any sum paid by means of assistance in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.
F19626K
Any sum paid by means of winter heating assistance in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018.
PART 2Capital disregarded only for the purposes of determining deemed income
27
The value of the right to receive any income under a life interest or from a life rent.
28
The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.
29
The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.
30
Where property is held under a trust, other than—
a
a charitable trust within the meaning of the Charities Act 1993 F30; or
b
a trust set up with any payment to which paragraph 16 of this Schedule applies,
and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant's partner, or both, that property.
F45SCHEDULE 7Extended payments (severe disablement allowance and incapacity benefit) of housing benefit
Condition for an extended payment (severe disablement allowance and incapacity benefit)F451
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)F452
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
MoversF453
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Movers and rent allowances.F454
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Movers and rent rebatesF455
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Movers and extended payments (severe disablement allowance and incapacity benefit)F456
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Maximum housing benefitF457
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Movers with two homesF458
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)F459
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
InterpretationF4510
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 8Matters to be included in decision notice
PART 1General
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 71 (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.
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 71(2) (requests for statement of reasons) and the manner and time in which to do so.
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 F31 and, where appropriate, to appeal against that decision and the manner and time in which to do so.
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.
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.
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.
7
Parts 2, 3 and 6 of this Schedule shall apply only to the decision notice given on a claim.
8
Where a decision notice is given following a revision of an earlier decision—
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 2Awards where state pension credit F47or an extended payment (qualifying contributory benefits) is payable
Words in Sch. 8 para. 9 heading added (6.10.2008) by virtue of Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008 (S.I. 2008/959), regs. 1(1), 6(5)(a)
9
1
Where a person on state pension credit is awarded housing benefit, the decision notice shall include a statement as to—
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 55 (non-dependant deductions), 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 and a F44rent 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 69 (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.
2
In a case where a person on state pension credit has entitlement only to the savings credit, the following additional matters shall also be set out—
a
the applicable amount and the basis of calculation;
b
the amount of the savings credit F33... taken into account;
c
the amount of the person's income and capital as notified to the local authority by the Secretary of State and taken into account for the purposes of the housing benefit assessment;
d
any modification of the claimant's income or capital made in accordance with regulation 27 (calculation of claimant's income in savings credit only cases); and
e
the amount of the claimant's capital if paragraph (7) of regulation 27 applies in his case.
F463
Where a claimant is entitled to an extended payment (qualifying contributory benefits) in accordance with regulation 53, the decision notice shall include a statement as to the matters set out in paragraph 9(1).
PART 3Awards where no state pension credit is payable
10
Where a person is not on state pension credit but is awarded housing benefit, the decision notice shall include a statement as to—
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.
PART 4Awards where direct payments made to landlords
11
Where a decision has been made under regulation 76 or 77 (circumstances in which payment is to be made, or may be made, direct to a landlord), the decision notice shall include a statement—
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,
and the notice shall be sent both to the claimant and to the landlord; and
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.
12
In this Schedule, “landlord” has the same meaning as in regulation 76.
PART 5Notice where income of non-dependant is treated as claimant's
13
Where an authority makes a decision under regulation 24 (circumstances in which income of non-dependant is to be treated as claimant's) the decision notice shall contain a statement as to—
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 6Notice where no award is made
14
Where a person is not awarded housing benefit—
a
either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 56, the decision notice shall include a statement as to—
i
the matters set out in paragraphs 9(1)(a) to (c), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(1)(d) also; and
ii
the matters set out in paragraphs 10(b) to (d) where the person is not on F76state pension credit; 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.
PART 7Notice where recoverable overpayment
15
1
Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 81 (recoverable overpayments), the decision notice shall include a statement as to—
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.
SCHEDULE 9F55Former pathfinder authorities
Sch. 9 substituted (with application in accordance with reg. 1(3)(5)(6)(7) of the amending S.I.) by Housing Benefit (State Pension Credit) (Local Housing Allowance and Information Sharing) Amendment Regulations 2007 (S.I. 2007/2869), regs. 1(4), 20(1) (with reg. 1(4))
PART 1Former pathfinder authorities
Argyll and Bute |
|---|
Blackpool |
Brighton and Hove |
Conwy |
Coventry |
East Riding of Yorkshire |
Edinburgh |
Guildford |
Leeds |
Lewisham |
North East Lincolnshire |
Norwich |
Pembrokeshire |
St Helens |
Salford |
South Norfolk |
Teignbridge |
Wandsworth |
PART 2Application of the Regulations
1
These Regulations shall apply to former pathfinder authorities subject to the provisions of this Part of this Schedule.
Amendment of regulation 22
In regulation 2(1) (interpretation)—
a
in the definition of “eligible rent”, in sub-paragraph (a) for “or 12D (eligible rent and maximum rent (LHA))” substitute “
, 12D (eligible rent and maximum rent (LHA)) or any of regulations 12E to 12K (transitional protection for pathfinder cases)
”
;
b
after the definition of “maximum rent (LHA)” insert—
“maximum rent (standard local rent)” means a maximum rent (standard local rate) determined in accordance with regulation 13A;
Amendment of regulation 113
In regulation 11(1) (eligible housing costs)—
a
in paragraph (c) omit “or”; and
b
after sub-paragraph (d) insert—
; or
e
any of regulations 12E to 12K (transitional protection for pathfinder cases), and regulations 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)),
Amendment of regulation 12B4
In regulation 12B(1) (eligible rent) for “or 12D (eligible rent and maximum rent (LHA))” substitute “
, 12D (eligible rent and maximum rent (LHA)) or any of regulations 12E to 12K (transitional protection for pathfinder cases)
”
.
Amendment of regulation 12D5
In regulation 12D (eligible rent and maximum rent (LHA)) before paragraph (1) insert—
A1
This regulation shall not apply where any of regulations 12E to 12K (transitional protection for pathfinder cases) apply.
Insertion of regulations 12E to 12K6
After regulation 12D (eligible rent and maximum rent (LHA)) insert—
Basic transitional protection for pathfinder cases12E
1
This regulation applies where—
a
reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008;
b
on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a); and
c
regulations 12F (cases where the claimant enjoyed protection on death before 7th April 2008) and 12G (cases where the claimant enjoyed 13 week protection before 7th April 2008) do not apply.
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or
b
the amount of the eligible rent which applied immediately before 7th April 2008.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs—
a
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is higher than that eligible rent;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person;
e
the relevant authority determines a maximum rent (LHA) on 7th April 2009 by virtue of regulation 13C(4A)(b).
4
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Cases where the claimant enjoyed protection on death before 7th April 200812F
1
This regulation applies where—
a
immediately before 7th April 2008 the claimant enjoyed protection on death in accordance with regulation 12A(4)(a)(ii) (pathfinder protection on death based on reckonable rent); and
b
on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a).
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or
b
the amount of the eligible rent which applied immediately before 7th April 2008.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs —
a
the end of 12 months after the death to which the protection relates;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person;
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection.
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Cases where the claimant enjoyed 13 week protection before 7th April 200812G
1
This regulation applies where—
a
immediately before 7th April 2008 the claimant enjoyed 13 week protection in accordance with regulation 12A(6)(a) (local housing allowance pathfinder 13 week protection); and
b
on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a).
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or
b
the amount of the eligible rent which applied immediately before 7th April 2008.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs —
a
the end of the day when the protection expires, namely 13 weeks after the date of the claim;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person.
4
Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection.
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Cases where a death occurs in the first year on or after 7th April 200812H
1
This regulation applies where—
a
the eligible rent is that specified in regulation 12E(2)(b) (basic transitional protection for pathfinder cases), 12F(2)(b) (transitional protection where the claimant enjoyed protection on death before 7th April 2008), 12G(2)(b) (transitional protection where the claimant enjoyed 13 week protection before 7th April 2008) or paragraph (2)(b) of this regulation;
b
a linked person dies on or after 7th April 2008 and before 7th April 2009;
c
the claimant occupies the same dwelling as the linked person at the date of death; and
d
the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person).
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or
b
the amount of the eligible rent which applied immediately before the date of the death.
3
Where the eligible rent is the amount of the eligible rent which applied immediately before the date of death, it will continue to apply until, on or after the date of the death, the first of the following events occurs —
a
the end of 12 months from the date of the death;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person.
4
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
5
For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.
Basic transitional protection in the second year and subsequent years after 7th April 200812I
1
This regulation applies where—
a
immediately before 7th April 2009 the claimant was enjoying basic transitional protection under regulation 12E; and
b
the local authority determines a maximum rent (LHA) by virtue of 13C(4A)(b) on 7th April 2009.
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where it is higher than the eligible rent applying immediately before 7th April 2008; or
b
in any other case, the lower of—
i
the amount of the eligible rent applying immediately before 7th April 2008; or
ii
the amount of the cap rent by reference to which the maximum rent (LHA) was determinedF93....
3
Where the claimant's eligible rent is determined in accordance with paragraph (2)(b), it continues to apply until, on or after 7th April 2009, the first of the following events occurs—
a
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling or 13C(3) (anniversary of the LHA date) and the maximum rent (LHA) is higher than that eligible rent;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person.
4
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Transitional protection in the second year after 7th April 2008 where the claimant is already enjoying protection on death12J
1
This regulation applies where—
a
immediately before 7th April 2009 the claimant was enjoying transitional protection on death under regulation 12H (cases where a death occurs in the first year on or after 7th April 2008); and
b
the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(b) on 7th April 2009 .
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death to which the protection relates; or
b
the amount of the eligible rent which applied immediately before the date of the death.
3
Where the eligible rent which applies is the one that applied immediately before the date of the death, it continues to apply until, on or after the date of the death, the first of the following events occurs—
a
the end of 12 months after the date of the death to which the protection relates;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person.
4
Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied if the relevant authority not determined an eligible rent in accordance with regulation 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008 ).
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
Protection on death in the second and subsequent years after 7th April 200812K
1
This regulation applies where—
a
the claimant's eligible rent is that specified in regulation 12I(2)(b) (basic transitional protection in the second and subsequent years after 7th April 2008), 12J(2)(b) (transitional protection in the second year after 7th April 2008 where the claimant is already enjoying protection on death) or paragraph (2)(b) of this regulation; and
b
a linked person dies on or after 7th April 2009;
c
the claimant occupies the same dwelling as the linked person at the date of death; and
d
the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person).
2
Where this regulation applies, the claimant's eligible rent is—
a
the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or
b
the amount of eligible rent which applied immediately before the death.
3
Where the eligible rent which applies is the one that applied immediately before the date of the death, it will continue to apply until, on or after the date of the death, the first of the following events occurs—
a
the end of 12 months from the date of the death;
b
the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (3) (change of category of dwelling or anniversary of the LHA date) and it is higher than that eligible rent;
c
the relevant authority is required to determine an eligible rent following a change of dwelling;
d
the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person.
4
Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied but had the relevant authority not determined an eligible rent in accordance with this regulation.
5
Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)).
6
For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.
Amendment of regulation 13C7
In regulation 13C (when a maximum rent (LHA) is to be determined)—
a
in paragraph (1) for “paragraphs (2) or (3)” substitute “
paragraphs (2), (3) or (4A)
”
;
b
in paragraph (3) after “LHA date” insert “
except where paragraph (4A)(b) applies
”
;
c
after paragraph (4) insert—
4A
This paragraph applies where it is—
a
7th April 2008 and reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008; or
b
7th April 2009 and the eligible rent which applies on that date was determined in accordance with regulation 12E(2)(b) (basic transitional protection for pathfinder cases) or 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008).
Amendment of regulation 13D8
In regulation 13D(12) (determination of a maximum rent (LHA)) in the definition of “relevant date” after sub-paragraph (c) insert—
d
7th April 2008;
e
7th April 2009.
F36SCHEDULE 10Electronic Communication
Sch. 10 inserted (20.12.2006) by Housing Benefit and Council Tax Benefit (Electronic Communications) Order 2006 (S.I. 2006/2968), art. 1, art. 3(5), Sch.
PART 1Introduction
Interpretation1
In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Secretary of State for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.
PART 2Electronic Communication – General Provisions
Conditions for the use of electronic communication2
1
The relevant authority may use an electronic communication in connection with claims for, and awards of, benefit under these Regulations.
2
A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.
3
The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Chief Executive of the relevant authority.
4
The second condition is that the person uses an approved method of—
a
authenticating the identity of the sender of the communication;
b
electronic communication;
c
authenticating any claim or notice delivered by means of an electronic communication; and
d
subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.
5
The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.
6
The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Chief Executive of the relevant authority.
7
Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.
8
In this paragraph “approved” means approved by means of a direction given by the Chief Executive of the relevant authority for the purposes of this Schedule.
Use of intermediaries3
The relevant authority may use intermediaries in connection with—
a
the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and
b
the authentication or security of anything transmitted by such means,
and may require other persons to use intermediaries in connection with those matters.
PART 3Electronic Communication – Evidential Provisions
Effect of delivering information by means of electronic communication4
1
Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—
a
by this Schedule; and
b
by or under an enactment,
are satisfied.
2
The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).
3
Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.
Proof of identity of sender or recipient of information5
If it is necessary to prove, for the purpose of any legal proceedings, the identity of—
a
the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or
b
the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,
the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.
Proof of delivery of information6
1
If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—
a
any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or
b
any such claim, certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.
2
If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.
3
If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.
Proof of content of information7
If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system..
Sch. 7 omitted (6.10.2008) by virtue of Housing Benefit and Council Tax Benefit (Extended Payments) Amendment Regulations 2008 (S.I. 2008/959), regs. 1(1), 6(4)(d)