The Housing Benefit Regulations (Northern Ireland) 2006

[^key-7f9493d5c1cfd3d21397b94b60541fe3]: Reg. 72(9)(be) inserted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(6)

[^key-82629190b321b26d5ffca6bfec719097]: Sch. 6 para. 37(1A)(c)-(e) substituted for Sch. 6 para. 37(1A)(c)(d) (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(7)(a)

[^key-d797fd66096e1997dbc29f80499ce838]: Words in Sch. 6 para. 37(2)-(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(7)(b)

[^key-041d488ba16374470d83fbdcce67f101]: Words in Sch. 7 para. 25(1A) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(8)(a)

[^key-1d1f961b3a663bf9e359b08f4a613873]: Words in Sch. 7 para. 25(2)-(5) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(8)(b)

[^key-8559676b4cfa19cb812c2dde88ccc27f]: Words in Sch. 7 para. 25(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations (Northern Ireland) 2025 (S.R. 2025/24), regs. 1(1), 6(8)(b)

[^key-48439412407b9bb5e411241b88db7cb3]: Words in reg. 2(1) 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(2)(a)

[^key-53dceeb984e182f2276b1bd14bf52899]: Words in reg. 2(1) 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(2)(b)(i)

[^key-4406a58a7a68615f188ed82ce4335b8d]: Words in reg. 2(1) 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(2)(b)(ii)

[^key-e61f0359ad4c5c2621c84b0e9a04839f]: Words in reg. 2(1) 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(2)(c)

[^key-6f61207565b0d204174d9c9bb4d2c77d]: Reg. 25(11)(d)(ixa) 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(3)(a)

[^key-efc68dc773f5399599fd644139614c63]: Reg. 25(11)(eb) 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(3)(b)

[^key-ac7d281ea7bd61e94be3540a6854ec6a]: Reg. 72(6)(b)(iib) 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(4)(a)

[^key-52402dae4128632538483eec1a66d874]: Words in reg. 72(9)(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(4)(b)

[^key-02e628dff18fe7d2cec2132e2f4cdd9a]: Reg. 73F(1)(ezb) 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)(a)

[^key-74a25fa982a2241646b2c82c2d5cc208]: Word in reg. 73F(1)(g) 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)(i)

[^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;

• (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 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;

• (c) regulation 13C; or

• (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

• (c) a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

• (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;

• (c) the tenancy is an excluded tenancy under paragraph 4 or 5 of Schedule 3;

• (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 ...;

• (c) 2 children of the same sex;

• (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

• (c) continues to live with the claimant.

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

• (c) continues to live with the claimant.

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),