Legalize / United Kingdom / Northern Ireland / Ni-Statutory-Rule

The Housing Benefit Regulations (Northern Ireland) 2006

Type Ni-Statutory-Rule

Publication 2006-10-12

Last updated 2026-03-15

State In force

Jurisdiction Northern Ireland

Department Government Printer for Northern Ireland

Source legislation.gov.uk

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Reform history JSON API

[^key-05b497beb154fe0cb8cd21f7047ebbfe]: Reg. 73F(1)(g)(iiia) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(5)(b)(ii)

[^key-f4217a3a7a864ddb53d6b82016666e00]: Words in Sch. 4 para. 7(2) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(a)

[^key-ddab03a8d90d7c11e0aa48023ffeafa4]: Words in Sch. 4 para. 13(1)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(b)(i)

[^key-63dd3b9faf5ce81076d93aae56c4b15e]: Sch. 4 para. 13(1)(a)(iiid) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(b)(ii)

[^key-da9f8b110755d32e4b4ab6f99509aaf5]: Words in Sch. 4 para. 14(2)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(c)(i)

[^key-5b31dfcb83b89b09de5d0cb0b2d2b305]: Words in Sch. 4 para. 14(2)(b)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(c)(i)

[^key-3f027746982485927a9013958e52f59b]: Words in Sch. 4 para. 14(4)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(c)(i)

[^key-23e381110178858d9dfab7298d752f0a]: Sch. 4 para. 14(5)(f) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(c)(ii)

[^key-7930415a82bf9fa221eaad501ebb451e]: Sch. 4 para. 15(1)(bb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(d)

[^key-b1a396ca58362ecc802432b78cc5fd15]: Sch. 4 para. 16(ab) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 27(6)(e)

[^key-395e212cad3991c3494bc5228edb5c31]: Reg. 24(3): sums confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(2)

[^key-d81e9e639f413c51a5e7755582a441f8]: Sch. 1 para. 6(2): sums confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(4)(b)

[^key-2e2d7f5b776027a7ee0136f87010ddf8]: Sch. 5 para. 17(1): sum confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(9)

[^key-ed655849d1eb529428079d7112eecc9b]: Sch. 5 para. 17(3)(c): sum confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(9)

[^key-e5f78a913d5e6c83300684b33c738004]: Sch. 6 para. 58: sum confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(10)

[^key-3ef29d27c877818f7d2da9866085d675]: Sch. 4 Pt. IV: sums amended (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(7), Sch. 5

[^key-39aa84470bf7bf0f6d0cfb80f27b9458]: Sch. 4 Pt. I para. 1: sums amended (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(5)(a), Sch. 4

[^key-fde1425a34909f75265dc14f3c33950c]: Sum in Sch. 4 Pt. I para. 2(1) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(5)(b)

[^key-1e774e4c70e4b3cf14b246a73306eccd]: Sum in Sch. 4 Pt. II para. 3(1)(b) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(6)(b)

[^key-9cd33caa42a8039b5ca69b54d1d2bdee]: Sch. 4 Pt. II para. 3(1)(a): sum confirmed (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(6)(a)

[^key-8ae3f7aadfaf46b03482cccee358f6ea]: Sch. 4 Pt. VI para. 25: sum modified (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(8)(a)

[^key-fdddd0c3b95e7aeb3166b5cc0831e049]: Sum in Sch. 4 Pt. VI para. 26 substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(8)(b)

[^key-868cc823a88521441a3f80721ceed226]: Sums in Sch. 1 para. 2 substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(4)(a)

[^key-79acd19ceb059bd46134deb0f9416ad7]: Sums in reg. 72(1) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(3)(a)

[^key-00674245bab0d4dde3ab87a08b1b1cbd]: Sum in reg. 72(2)(a) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(3)(b)(i)

[^key-8f06824ca4d04ccb46070924aef271ca]: Sums in reg. 72(2)(b) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(3)(b)(ii)

[^key-1bbf4a262419c3df19b321656411aefc]: Sums in reg. 72(2)(c) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(3)(b)(iii)

[^key-56a4b5828eafda5495f61f915848da0f]: Sums in reg. 72(2)(d) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(3)(b)(iv)

[^key-c0438d5dc754cd6a248d5a1fc2209260]: Sums in reg. 72(2)(e) substituted (1.4.2025 for specified purposes, 7.4.2025 in so far as not already in operation) by The Social Security Benefits Up-rating Order (Northern Ireland) 2025 (S.R. 2025/64), arts. 1(1)(h), 23(3)(b)(v)

[^key-60b3da56a4ccc1578b3ce618da5a97be]: Words in reg. 7(13D) substituted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 7(a)

[^key-5caa0eb82b0ce5127a8d5aa812487bd9]: Reg. 7(17E)(17F) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 7(b)

[^key-6c4f79381da70129175b91f3cc9157c7]: Reg. 10(5)(zzf)(zzg) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 2(1)(2)(b)

[^key-336e2cc2efa69a397d2a7ddfb12489a8]: Reg. 10(5A) inserted (19.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/136), regs. 1(1), 2(2)(b)(4)

[^key-a152a8f2024f4907045bce1c015e2d23]: Words in reg. 2(1) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(2)(a)

[^key-0a362966798715b971cd871dcacdf95c]: Words in reg. 2(1) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(2)(b)

[^key-ed0c1a3aa8319bfa3b66c05c3caec9aa]: Reg. 39(7A)(f) and semicolon substituted for full stop in reg. 39(7A)(e) (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(3)

[^key-369d95cd271c03666d45562dab4558aa]: Words in reg. 43(6) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(4)

[^key-0f80418aef7177cce966d93844682513]: Reg. 46(4A)(g) and semicolon inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(5)

[^key-ce5959e32cdef7f222bcb0080aa2497c]: Reg. 72(9)(bf) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(6)

[^key-1697768998c472f31cd88e24676c5d1a]: Sch. 6 para. 37(1A)(f) and semicolon substituted for full stop in Sch. 6 para. 37(1A)(e) (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(7)(a)

[^key-b9b2f5c4b853dfa976b1b1fd14b58694]: Words in Sch. 6 para. 37(2)-(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(7)(b)

[^key-9113942f15fff8a17f6197c9bc0c89be]: Words in Sch. 7 para. 25(1A) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(8)(a)

[^key-49e0746f49bc6f617e224922d2d844c0]: Words in Sch. 7 para. 25(2)-(5) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(8)(b)

[^key-bdc8869b74421f455ea92cc4e98cca45]: Words in Sch. 7 para. 25(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment No. 2) Regulations (Northern Ireland) 2025 (S.R. 2025/122), regs. 1(1), 5(8)(b)

[^key-9c72ef63ccf8af6b2c7abfff8d651327]: Reg. 10(5)(l) substituted (21.10.2025) by The Housing Benefit (Habitual Residence) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/149), regs. 1(1), 2

[^key-a7267509241a07127ffe0b021750c9e3]: Sch. 6 paras. 72, 73 inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(4)

[^key-4aeb3ec9d07ad8a790555269b8ad03d2]: Words in reg. 2(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(2)

[^key-e077c84b9dd334420f33c81ec6529180]: Words in Sch. 4 para. 17(2) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(3)(a)

[^key-d669e9a4d6819784b36f99e26903dc68]: Words in Sch. 4 para. 17(4) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(3)(b)

[^key-4b2e8cd2b0332a5a4120ec903d676c39]: Sch. 4 para. 17(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(3)(c)

[^key-3dc5a17a4f19e7679c6a9fdf47c2466e]: Words in Sch. 7 para. 9(1)(a) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(5)(a)

[^key-3d7d64e20bafa9fe1d6f9b033a2e7982]: Sch. 7 para. 9(1)(j) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 46(5)(b)

Electronic claims for benefit

81A

A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 11.

Evidence and information

Amendment and withdrawal of claim

Duty to notify changes of circumstances

Notice of change of circumstances given electronically

84A

A person may give notice of a change of circumstances required to be notified under regulation 84 by means of an electronic communication in accordance with Schedule 11.

SCHEDULE 11 — Electronic communication

Interpretation

1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Department for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

Conditions for the use of electronic communication

2

(1) The relevant authority may use an electronic communication in connection with claims for, and awards of, housing benefit.

(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 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;

(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 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 relevant authority for the purposes of this Schedule.

Use of intermediaries

3

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.

Effect of delivering information by means of electronic communication

4

(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 a statutory provision,

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 information

5

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 information

6

(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 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 information

7

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.

...

SECTION 1 — Claims and information

Interpretation

104A

In this Section—

“administering authority” means an authority administering housing benefit;

“the Department” means the Department, the Department for Employment and Learning or a person providing services to either Department;

“relevant information” means information or evidence relating to the administration of claims for or awards of housing benefit.

Collection of information

104B

(1) The Department may receive or obtain relevant information from—

(a) persons making, or who have made, claims for housing benefit; or

(b) other persons in connection with such claims.

(2) In paragraph (1) references to persons who have made claims for housing benefit include persons to whom awards of benefit have been made on those claims.

Verifying information

104C

The Department may verify relevant information supplied to, or obtained by, it in accordance with regulation 104B.

Recording and holding information

104D

Where the Department obtains relevant information or such information is supplied to it, it—

(a) shall make a record of such information; and

(b) may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering housing benefit.

Forwarding of information

104E

Where the Department holds relevant information it—

(a) shall forward it to the person or authority for the time being administering claims for or awards of housing benefit to which the relevant information relates, being—

(i) an administering authority;

(ii) a person providing services to an administering authority, or

(iii) a person authorised to exercise any function of an administering authority relating to housing benefit; and

(b) may continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as it considers appropriate.

Request for information

104F

Where the Department holds information or evidence relating to social security matters it shall forward such information or evidence as may be requested to the person or authority making that request, provided that—

(a) the request is made by—

(i) an administering authority;

(ii) a person providing services to an administering authority, or

(iii) a person authorised to exercise any function of an administering authority relating to housing benefit;

(b) the information or evidence requested includes relevant information;

(c) the Department is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and

(d) provision of the information or evidence requested is considered necessary by the Department to the proper performance by an administering authority of its functions relating to housing benefit.

SECTION 2 — Information from landlords and agents

Interpretation

Requiring information

Circumstances for requiring information

Relevant information

Manner of supply of information

Criminal offence

Eligible rent

13A

(1) The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where any of the following provisions apply—

(a) regulation 13AA;

(b) regulation 13B;

(d) paragraph 4 of Schedule 3 to the Consequential Provisions Regulations.

(2) Subject to paragraphs (3), (4) and (7), the amount of a person’s eligible rent shall be the aggregate of such payments specified in regulation 13(1) as that person is liable to pay less—

(a) except where he is separately liable for rates, an amount determined in accordance with paragraph (5);

(b) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6);

(c) where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and

(d) where he is liable to make payments in respect of any service charges to which regulation 13(1)(e) does not apply, but to which paragraph 3(2) of Schedule 1 applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Schedule 1.

(3) Where the payments specified in regulation 13(1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion of those payments as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.

(4) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in regulation 13(1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.

(5) The amount of the deduction in respect of rates referred to in paragraph (2) shall be—

(a) if the dwelling occupied by the claimant is a single rateable unit, the amount of the rates payable in respect of the rateable unit as a whole; or

(b) if the dwelling comprises part only of a rateable unit, the amount treated as a payment by way of rates by virtue of regulation 12(2).

(6) The amount of the deduction referred to in paragraph (2) shall be—

(a) if the dwelling occupied by the claimant is a self-contained unit, except in a case to which sub-paragraph (c) applies, the amount of the charges;

(b) in any other case, except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c) where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

(7) In any case where it appears to the Executive that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to the Executive to be an appropriate rent in that particular case.

Eligible rent and maximum rent

13B

(1) This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 14.

(2) Where this regulation applies, except where paragraph (3) applies, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (7) of regulation 13A.

(3) In a case where the maximum rent is derived from a single room rent decided under paragraph 5 of Schedule 2 the eligible rent shall be the maximum rent subject to paragraphs (3) and (7) of regulation 13A.

Eligible rent and maximum rent (LHA)

13C

(1) Except where regulation 13D applies, this regulation applies where, by virtue of paragraphs (2) or (3) of regulation 14C, a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 14D.

(2) Where this regulation applies, except where paragraphs (3)(a) or (5)(a) apply,—

(a) the amount of a person’s eligible rent shall be the maximum rent (LHA); and

(b) it shall apply until the earlier of—

(i) the determination of a maximum rent (LHA) by virtue of regulation 14C(2)(d);

(ii) the determination of a maximum rent (LHA) by virtue of regulation 14C(3), or

(iii) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A.

(3) Subject to paragraph (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a), (b) or (d)(i) or (ii) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any linked person, the eligible rent shall be—

(a) either—

(i) the eligible rent which applied on the day before the death occurred, or

(ii) in a case where there was no eligible rent, subject to regulation 13A(3), (4) and (7), the reckonable rent due on that day; or

(b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent determined in accordance with sub-paragraph (a).

(4) For the purposes of paragraph (3), a claimant is treated as occupying the dwelling if—

(a) any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

(b) any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

(5) Subject to paragraphs (6) and (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a) or (b) and the Executive is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be—

(a) an eligible rent determined in accordance with regulation 13A(2); or

(b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent referred to in sub-paragraph (a).

(6) Paragraph (5) shall not apply where a claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

(7) Where a person’s eligible rent has been determined in accordance with—

(a) paragraph (3)(a), it shall apply until the first of the following events occurs—

(i) the period of 12 months from the date of death has expired;

(ii) the Executive determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 14C(2)(d)(iii);

(iii) the determination of an eligible rent in accordance with paragraph (3)(a) in relation to a subsequent death, or

(iv) the determination of a maximum rent by virtue of regulation 14 , a maximum rent (social sector) by virtue of regulation A14 or an eligible rent under regulation 13A;

(b) paragraph (5)(a), it shall apply until the first of the following events occurs—

(i) the first 13 weeks of the claimant’s award of housing benefit have expired;

(ii) the Executive determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 14C(2)(d)(iii);

(iii) the determination of an eligible rent in accordance with paragraph (3)(a), or

(iv) the determination of a maximum rent by virtue of regulation 14 , a maximum rent (social sector) by virtue of regulation A14 or an eligible rent under regulation 13A.

(8) Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) or (b)(i), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).

Maximum rent

Protection on death and 13 week protection

14A

(1) In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of a linked person, the maximum rent shall be either—

(a) the maximum rent which applied before the death occurred; or

(b) in a case where there was no maximum rent, the reckonable rent due before the death occurred,

for a period of 12 months from the date of such a death.

(2) For the purposes of paragraph (1), a claimant is treated as occupying the dwelling if—

(a) any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

(b) any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

(3) Subject to paragraph (4), where the Executive is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant’s award of housing benefit.

(4) Paragraph (3) shall not apply where a claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

Change in reckonable rent

14B

(1) In a case where—

(a) the Executive has determined a maximum rent under regulation 14 or 14A; and

(b) during the period for which that maximum rent applies the reckonable rent in respect of the dwelling by reference to which that maximum rent was determined is reduced to a sum which is less than that maximum rent,

the maximum rent shall be reduced to an amount equal to the reduced reckonable rent.

(2) This paragraph applies in a case where—

(a) the Executive has made a decision under regulation 16(1);

(b) subsequent to that decision the reckonable rent for that dwelling is changed; and

(3) In a case to which paragraph (2) applies, where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if the reckonable rent had not changed, the maximum rent shall be the reckonable rent as so reduced.

(4) In any other case to which paragraph (2) applies, the Executive shall treat the reckonable rent to be that applicable to the decision referred to in paragraph (2)(a).

When a maximum rent (LHA) is to be determined

14C

(1) The Executive shall determine a maximum rent (LHA) in accordance with regulation 14D in any case where paragraphs (2) or (3) apply.

(2) This paragraph applies where the Executive has received—

(a) a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(b) relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(c) in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 14D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

(d) in relation to an award of housing benefit where a maximum rent (LHA) was determined in accordance with regulation 14D—

(i) notification of a change of a kind which affects the category of dwelling applicable to the claim;

(ii) notification of the death of a linked person, where the notification does not fall within head (i), ...

(iii) notification of a change of dwelling. or

(iv) notification of a change of a kind which affects the amount of the claimant's cap rent as determined in accordance with regulation 14D.

(3) This paragraph applies on 1st April in any year.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) This regulation does not apply in a case where—

(a) the landlord is a registered housing association;

(b) paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

(d) the claim or award relates to—

(i) periodical payments of a kind falling within regulation 13(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home, or

(ii) rent payable in relation to a hostel; or

(e) a substantial part of the rent under the tenancy is fairly attributable to board and attendance.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of a maximum rent (LHA)

14D

(1) Subject to paragraphs (3) to (9), the maximum rent (LHA) shall be the local housing allowance determined by virtue of regulation 3(2) or (4)(a) of the Executive Determinations Regulations which is applicable to—

(a) the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

(b) the category of dwelling which applies at the relevant date in accordance with paragraph (2).

(2) The category of dwelling which applies is—

(a) the category specified in paragraph 1(1)(a) of the Schedule to the Executive Determinations Regulations (one bedroom shared accommodation) where—

(i) the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 4 (severe disability premium) does not apply, or

(ii) sub-paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 4 applies, or to whom the circumstances in either of paragraphs (b) or (c) of the definition of young individual applies (certain care leavers);

(b) except where sub-paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of the Schedule to the Executive Determinations Regulations (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria as set out in paragraph (3) and—

(i) the claimant (together with his partner where he has one) has the exclusive use of 2 or more rooms, or

(ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,

and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

(c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraphs (3) to (3B) up to a maximum of 4 bedrooms.

(3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—

(za) a member of couple who cannot share a bedroom;

(zb) a member of a couple who can share a bedroom;

(a) a couple;

(b) a person who is not a child;

(ba) a child who cannot share a bedroom ...;

(d) 2 children who are less than 10 years old;

(e) a child,

but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child or the member of the couple were able to share a bedroom. ...

(3A) The claimant is entitled to one additional bedroom in any case where—

(a) one or more of the following persons is a person who requires overnight care—

(i) the claimant;

(ii) the claimant’s partner;

(iii) a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

(iv) a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or

(b) the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.

(3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.

(4) The Executive shall determine —

(a) the cap rent (in accordance with the definition in paragraph (10)); and

(b) whether the cap rent exceeds the applicable local housing allowance.

(5) Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.

(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In this regulation—

“cap rent” means the aggregate of such payments specified in regulation 13(1) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8, subject to regulation 13A(3), (4) and (7);

“occupiers” means— the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; andany member of the armed forces away on operations who—is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;was the claimant’s non-dependant before they became a member of the armed forces away on operations; andintends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;

“relevant date” means, as the case may require—the date of the claim to which the claim or relevant information referred to in regulation 14C(2)(a) or (b) relates;the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 14C(2)(c) or (d) relates; orthe date on which the anniversary of the LHA date referred to in regulation 14C(3) falls;

“tenancy” includes a licence to occupy premises, and reference to a tenant or any other expression appropriate to a tenancy shall be construed accordingly.

Publication of local housing allowances

14E

The Executive shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the Executive.

Amended determinations

14F

(1) This regulation applies where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination.

(2) Where that amended determination has led to a reduction in the maximum rent (LHA) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant.

(3) Where that amended determination has led to an increase in the maximum rent (LHA) applicable to a claimant, the amended determination shall have effect in place of the original determination.

Decisions

Pre-tenancy decisions

29A

(1) Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order to a person (“A”) which A passes on to the claimant.

(2) Sub-paragraph (1) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

20A

(1) Subject to sub-paragraph (2), any payment (or part of a payment) made by an authority as defined in Article 2 of the Children Order, in accordance with Article 34D of that Order, to a person (“A”) which A passes on to the claimant.

(2) Sub-paragraph (1) applies only where A—

(a) was formerly in the claimant’s care, and

(b) is aged 18 or over, and

Additional condition for the disability premium

Duration of extended payment period

70A

(1) Where a claimant is entitled to an extended payment, the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying income-related benefit.

(2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying income-related benefit on the day immediately following the last day of entitlement to that benefit.

(3) The extended payment period ends—

(a) at the end of a period of 4 weeks; or

(b) on the date on which the claimant to whom the extended payment is payable has no liability for rent or rates, if that occurs first.

Amount of extended payment

70B

(1) Subject to paragraphs (2) to (5), for any week during the extended payment period the amount of the extended payment payable to a claimant shall be the higher of the amount of housing benefit to which—

(a) the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying income-related benefit;

(b) the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 70 did not apply to the claimant; or

(c) the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 70 did not apply to the claimant.

(2) Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent and rate-free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent and rate-free period.

(3) Where—

(a) a claimant is entitled to an extended payment by virtue of regulation 70(3); and

(b) the last benefit week before the claimant ceased to be entitled to a qualifying income-related benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 78(4)(c),

the last benefit week for the purpose of calculating the amount of the extended payment under paragraph (1)(a) shall be the benefit week before the partial week.

(4) Where—

(a) a claimant was treated as occupying 2 dwellings as the claimant’s home under regulation 7(6) at the time when the claimant’s entitlement to a qualifying income-related benefit ceased; and

(b) the claimant’s liability to pay rent or rates for either of those dwellings ceases during the extended payment period,

the amount of the extended payment for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

(5) No extended payment is payable for any rent and rate-free period as defined in regulation 79(1).

(6) Where a claimant is in receipt of an extended payment under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement

70C

(1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in regulation 70(1)(b), that award will not cease until the end of the extended payment period.

(2) Part IX shall not apply to any extended payment payable in accordance with regulation 70B(1)(a).

Extended payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

71A

(1) Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.

(2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.

(3) The extended payment period ends—

(a) at the end of a period of 4 weeks; or

(b) on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent or rates, if that occurs first.

Amount of extended payment (qualifying contributory benefits)

71B

(1) Subject to paragraphs (2) to (5), for any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of the amount of housing benefit to which—

(a) the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;

(b) the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 71 did not apply to the claimant; or

(c) the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 71 did not apply to the claimant.

(2) Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent and rate-free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent and rate-free period.

(3) Where—

(a) a claimant is entitled to an extended payment (qualifying contributory benefits) by virtue of regulation 71(2); and

(b) the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 78(4)(c),

the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.

(4) Where—

(a) a claimant was treated as occupying 2 dwellings as the claimant’s home under regulation 7(6) at the time when the claimant’s entitlement to a qualifying contributory benefit ceased; and

(b) the claimant’s liability to pay rent or rates for either of those dwellings ceases during the extended payment period,

the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

(5) No extended payment (qualifying contributory benefits) is payable for any rent and rate-free period as defined in regulation 79(1).

(6) Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

71C

(1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 71(1)(b), that award will not cease until the end of the extended payment period.

(2) Part IX shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 71B(1)(a).

Non-dependant deductions

Minimum housing benefit

PART V — The component

21

(1) Subject to paragraph 22, the claimant is entitled to the component in paragraph 24 if—

(a) the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b) the Department has determined that that the claimant or the claimant's partner has or is treated as having limited capability for work-related activity; and

(i) the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

(ii) regulation 7 of the Employment and Support Allowance Regulations or regulation 7 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 (circumstances where the condition that the assessment phase has ended before entitlement to the support component or ... arises does not apply) applies, or

(iii) the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—

(a) neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

(b) either is or both are entitled to be credited with earnings equal to the lower earnings limit then in operation under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations (Northern Ireland) 1975 (credits for incapacity for work or limited capability for work); and

(c) sub-paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.

22

(1) The claimant has no entitlement under paragraph ... 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.

(2) Where the claimant and the claimant’s partner each satisfies paragraph ... 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

23

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The support component

24

The claimant is entitled to the support component if the Department has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.

Part VI — Amount of component

25

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

26

The amount of the support component is £48.50.

49A

(1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—the Child Support (Northern Ireland) Order 1991;the Child Support Act 1991a court order;a consent order;a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support Regulations, other than a person falling within sub-paragraph (d) of that definition.

64

(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) In this paragraph—

“claimant” includes a partner of the claimant;

“child” and “qualifying young person” have the meanings given in section 138 of the Act;

“treated as responsible” is to be construed in accordance with section 139 of the Act;

“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.

1A

For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if—

(a) each of the conditions in paragraph 21 is satisfied in relation to the claimant personally or the claimant is personally a member of the work-related activity group; or

(b) the claimant personally is entitled to a converted employment and support allowance , or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

2A

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Northern Ireland would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 34(3) and (4) applies.

42A

Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

2A

Any payment in respect of expenses arising out of the claimant participating as a service user.

64

Any payment of child benefit.

Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling

101A

(1) This regulation applies where an overpayment has occurred in the following circumstances—

(a) a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”);

(b) the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home; and

(c) housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A.

(2) Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

(3) Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

Recovery of overpayments from prescribed benefits

Prescribed benefits

Restrictions on recovery of rent and consequent modifications

10A

(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 Department is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and

the amount specified in sub-paragraph (7) (“the specified amount”).

(2) Where this paragraph applies, paragraphs 3 to 10 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 4, then paragraph 4 applies instead of this paragraph.

(3) Notwithstanding regulation 22, 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 Department 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;

(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 (Northern Ireland) 1975.

(6) “Exempt work” means, as the case may be, work of the kind described in—

(a) regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2016; or

(b) regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 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 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).

21A

Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 and 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowance , or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

PART VII — Transitional addition

27

(1) The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)—

(a) is entitled to a converted employment and support allowance , or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance); or

(b) is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—

(i) is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations or regulation 26 of the Employment and Support Allowance Regulations (Northern Ireland) 2016, in either case as modified by the Employment and Support Allowance (Existing Awards) Regulations, and

(ii) is not in receipt of an income-related employment and support allowance,

unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.

(2) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

(1) This paragraph applies where—

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—

(i) paragraph 27(2)(b);

(ii) sub-paragraph (3)(b), or

(iii) paragraph 29(3)(b);

(b) within 12 weeks of that termination ... the claimant again becomes entitled to housing benefit;

(c) in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person satisfies the requirements of paragraph 27(1) or is entitled to an employment and support allowance which is not income-related; and

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person no longer satisfying the requirements of paragraph 27(1)(a) or no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

(1) This paragraph applies where—

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—

(i) paragraph 27(2)(c);

(ii) paragraph 28(3)(c), or

(iii) sub-paragraph (3)(c);

(b) ... the relevant person again becomes entitled to an employment and support allowance which is not income-related;

(c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations or regulation 86 of the Employment and Support Allowance Regulations (Northern Ireland) 2016 applies to the relevant person; and

(d) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for housing benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART VIII — Amount of transitional addition

30

(1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.

(2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person—

(a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and

(b) Amount B is the basic amount that applied on that day as a result of that decision.

(3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations—

(a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and

(b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.

(4) In this paragraph and paragraph 31 “basic amount” means the aggregate of such amounts as may apply in the claimant’s case in accordance with regulation 20(1)(a) to (e) or 21(1)(a) to (f).

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