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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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(b) where it has not been sent or delivered to the appropriate office, shall be sent or delivered to the designated office;

(c) sent or delivered to the appropriate office shall be forwarded to the relevant authority within 2 working days of the date of the receipt of the claim at the appropriate office, or as soon as practicable thereafter;

(d) where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an authorised office.

(4A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit, a claim may be made by telephone to that telephone number.

(4AA) If the Department agrees, where—

(a) a person makes a claim for a benefit referred to in paragraph (4)(a); and

(b) the Department has made provision in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 for that benefit to be claimed by telephone,

that person may claim housing benefit by telephone to the telephone number specified by the Department.

(4AB) A claim for housing benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).

(4AC) If the Department agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (information to be given and changes to be notified)—

(a) furnishes the Department with such information or evidence as it may require; or

(b) notifies the Department of any change of circumstances,

that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.

(4AD) If the Department agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

(a) furnishes the Department with such certificates, documents and other evidence as it may require; or

(b) notifies the Department of any change of circumstances,

that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.

(4AE) A claim for housing benefit may be made in accordance with paragraph (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.

(4B) The relevant authority may determine, in any particular case, that a claim made by telephone in accordance with paragraph (4A) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority.

(4BA) The relevant authority or the Department may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Department.

(4C) A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Department is provided with all the information requested during that telephone call.

(4D) Where a claim made by telephone in accordance with paragraph (4A) is defective, the relevant authority must provide the person making it with an opportunity to correct the defect.

(4DA) Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective—

(a) the Department may provide the person making it with an opportunity to correct the defect;

(b) the relevant authority must provide the person making it with an opportunity to correct the defect if the Department has not already done so, unless the relevant authority considers that it has sufficient information to determine the claim.

(4E) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Department last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.

(4F) If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Department last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.

(5) Subject to paragraph (10), the date on which a claim is made shall be—

(a) in a case where an award of income support , an income-based jobseeker’s allowance or an income-related employment and support allowance has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for that income support , jobseeker’s allowance or employment and support allowance was received at the appropriate office, the first day of entitlement to income support , an income-based jobseeker’s allowance or an income-related employment and support allowance arising from that claim; ...

(aa) in a case where an award of universal credit has been made to the claimant and the claim for housing benefit is made—

(i) within one month of a date on which the claim for universal credit was made in accordance with regulation 7 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016; or

(ii) in a case where the award of universal credit was made without a claim in accordance with regulation 8(6), (7) or (10) (claims for universal credit by members of a couple) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016, or the claimant was treated as making a claim for universal credit under regulation 8(8) of those Regulations, within one month of the date on which the Department sent notification of the award to the claimant,

the first day of entitlement to universal credit arising from the award;

(b) in a case where a claimant or his partner is a person on universal credit, income support , an income-based jobseeker’s allowance or an income-related employment and support allowance and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

(c) in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

(d) except where sub-paragraph (a), (aa), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—

(i) a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim, or

(ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),

the date of first notification; and

(e) in any other case, the date on which the claim is received at the designated office, authorised office or appropriate office.

(5A) For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker’s allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under—

(a) in the case of income-based jobseeker’s allowance, paragraph 4 of Schedule 1 to the Jobseekers Order (waiting days); or

(b) in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).

(6) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.

(7) Where a claim is defective because—

(a) it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

(b) it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.

(8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—

(a) where paragraph (7)(a) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

(b) where paragraph (7)(b) applies—

(i) the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

(ii) the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,

or within such longer period as the relevant authority may consider reasonable.

(9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

(10) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

(11) In the case of a person who has attained, or whose partner has attained, the age which is 17 weeks younger than the qualifying age for state pension credit, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.

(12) Where a claimant (“C”)—

(a) makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and

(b) from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),

the claim is to be treated as made on the date determined in accordance with paragraph (12A).

(12A) That date is the latest of—

(a) the first day from which C had continuous good cause;

(b) the day 1 month before the date the claim was made;

(13) In this regulation “authorised office” means an office which is nominated by the Department and authorised by the relevant authority for receiving claims for decision by the relevant authority.

Evidence and information

82

(1) Subject to paragraph (2) and to paragraph 5 of Schedule A1[^f00141] (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of being required to do so or such longer period as the relevant authority may consider reasonable.

(2) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (4) applies.

(3) Where a request is made under paragraph (1), the relevant authority shall—

(a) inform the claimant or the person to whom housing benefit has been awarded of his duty under regulation 84 to notify the designated office of any change of circumstances; and

(b) without prejudice to the extent of the duty owed under regulation 84, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.

(4) This paragraph applies to any of the following payments—

(a) a payment which is—

(i) disregarded under paragraph 24 of Schedule 6 or paragraph 35 of Schedule 7, and

(ii) made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust , MFET Limited, the Skipton Fund , the Caxton Foundation , the London Emergencies Trust, the We Love Manchester Emergency Fund or the London Bombings Relief Charitable Fund;

(b) a payment which is disregarded under paragraph 37 of Schedule 6 or paragraph 25 of Schedule 7, other than a payment made under the Independent Living Fund (2006);

(c) a payment which is disregarded under regulation 72(9)(b) or (c) other than a payment made under the Independent Living Fund (2006).

(5) Where a claimant or a person to whom housing benefit has been awarded or any partner has attained the qualifying age for state pension credit and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, ... he shall where the relevant authority so requires furnish the following information—

(a) the name and address of the pension fund holder;

(b) such other information including any reference or policy number as is needed to enable the personal pension scheme ... to be identified.

(6) Where the pension fund holder receives from a relevant authority a request for details concerning a personal pension scheme ... relating to a person or any partner to whom paragraph (5) refers, the pension fund holder shall provide the relevant authority with any information to which paragraph (7) refers.

(7) The information to which this paragraph refers is—

(a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b) in the case of—

(i) a personal pension scheme where income withdrawal is available, the rate of the annuity which may have been purchased with the funds held under the scheme, or

(ii) a personal pension scheme where income withdrawal is not available, ... the rate of the annuity which might have been purchased with the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

Amendment and withdrawal of claim

83

(1) A person who has made a claim for benefit may amend it at any time before a decision has been made on the claim by notice in writing received at the designated office, by telephone call to a telephone number specified by the relevant authority under regulation 81(4A) (time and manner in which claims are to be made) or by the Department under regulation 81(4AA) or in such other manner as the Department may decide or accept.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Any claim amended in accordance with paragraph (1) ... shall be treated as if it had been amended in the first instance.

(4) A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.

(5) Where the claim was made by telephone in accordance with paragraphs (4AA) to (4AE) of regulation 81, the withdrawal may also be made by telephone to the telephone number specified by the Department.

(6) Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.

Duty to notify changes of circumstances

84

(1) Subject to paragraph (2), if at any time between the making of a claim and a decision being made on it, or during the award of housing benefit, there is a change of circumstances which the claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, might reasonably be expected to know might affect the claimant’s right to, the amount of or the receipt of housing benefit, that person shall be under a duty to notify that change of circumstances by giving notice to the designated office—

(a) in writing;

(b) by telephone—

(i) where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 81 unless the authority determines that in any particular case or class of case notification may not be given by telephone, or

(ii) in any case or class of case where the relevant authority determines that notice may be given by telephone; or

(2) The duty imposed on a person by paragraph (1) does not extend to changes in—

(a) the amount of rent and rates payable to the Executive;

(b) the amount of rates payable to the Department of Finance and Personnel;

(d) these Regulations;

(e) in the case of a claimant on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance, any circumstances which affect the amount of income support , an income-based jobseeker’s allowance or an income-related employment and support allowance but not the amount of housing benefit to which he is entitled, other than the cessation of that entitlement to income support , an income-based jobseeker’s allowance or an income-related employment and support allowance.

(3) Notwithstanding paragraph (2)(c) or (e) a claimant shall be required by paragraph (1) to notify the designated office of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he ceases to be a child or young person.

PART XI — Decisions on questions

Decisions by a relevant authority

85

(1) Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the relevant authority.

(2) The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 81 and 82 being satisfied or as soon as reasonably practicable thereafter.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of decisions

86

(1) An authority shall notify in writing any person affected by a decision made by it under these Regulations—

(a) in the case of a decision on a claim, forthwith or as soon as reasonably practicable thereafter;

(b) in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter,

and every notification shall include a statement as to the matters set out in Schedule 10.

(2) A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him, within one month of the date of the notification of that decision (or, if the decision was notified before 1st May 2011, before 1st June 2011) request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

(3) For the purposes of paragraph (2), where a person affected who requests a written statement is not an individual, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person’s behalf.

(4) The written statement referred to in paragraph (2) shall be sent to the person requesting it within 14 days or as soon as is reasonably practical thereafter.

PART XII — Payments

Time and manner of payment

87

(1) Subject to paragraphs (2) and (3) and regulations 89 to 95 the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

(a) the times at which and the frequency with which a person’s liability to make payment of rent or rates arises; and

(b) the reasonable needs and convenience of the person entitled thereto.

(2) Where a person’s entitlement to housing benefit is less than £1 weekly the relevant authority may pay that benefit at 6 monthly intervals.

(3) Subject to regulations 89 to 94, the relevant authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.

Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance

88

The circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance are that a person is liable to make payments by way of rates or an amount treated as a payment of rates by virtue of regulation 12(2), other than to the Department of Finance and Personnel.

Frequency of payment of a rent allowance

89

(1) Subject to the following provisions of this regulation any rent allowance other than a payment made in accordance with regulation 87(2) or (3) or 90 shall be paid at intervals of 2 or 4 weeks or one month or, with the consent of the person entitled, at intervals greater than one month.

(2) Except in a case to which paragraph (3) applies, any payment of a rent allowance shall be made, in so far as it is practicable to do so, at the end of the period in respect of which it is made.

(3) Except in a case to which regulation 93(2)applies and subject to paragraph (4), this paragraph applies where payment of a rent allowance is being made to a landlord (which for these purposes has the same meaning as in regulations 92 and 93, when that payment shall be made—

(a) at intervals of 4 weeks; and

(b) at the end of the period in respect of which it is made.

(4) Where paragraph (3) applies—

(a) in a case where the liability in respect of which the rent allowance is paid is monthly, the Executive may make payment at intervals of one month;

(b) in a case where the Executive is paying a rent allowance to a landlord in respect of more than one claimant, then the first such payment in respect of any claimant may be made to that landlord at such lesser interval as the Executive considers is in the best interest of the efficient administration of housing benefit.

(5) Except in a case to which paragraph (3) applies, where a person’s weekly entitlement to a rent allowance is more than £2 he may require payment at 2 weekly intervals and the Executive shall pay at 2 weekly intervals in such a case.

(6) Except in a case to which paragraph (3) applies, the Executive may pay a rent allowance at weekly intervals where either—

(a) it considers that unless the rent allowance is paid at weekly intervals an overpayment is likely to occur; or

(b) the person entitled is liable to pay his rent weekly and it considers that it is in his interest that his allowance be paid weekly.

(7) Subject to paragraphs (2), (3) and (5), the Executive may pay a rent allowance to a student once a term.

Payment on account of a rent allowance

90

(1) Where it is impracticable for the Executive to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the Executive reasonably requires and has requested, the Executive shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

(a) such information which may at the time be available to it concerning the claimant’s circumstances; and

(b) any relevant decision made by the Executive in accordance with Schedule 2 or, as the case may be, relevant determination made by the Executive in accordance with the Executive Determinations Regulations.

(2) The notice of award of any payment on account of a rent allowance made under paragraph (1) shall contain a notice to the effect that if on the subsequent decision of the claim the person is not entitled to a rent allowance, or is entitled to an amount of rent allowance less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to an allowance, as the case may be, will be recoverable from the person to whom the payment on account was made.

(3) Where on the basis of the subsequent decision the amount of rent allowance payable differs from the amount paid on account under paragraph (1), future payments of rent allowance shall be increased or reduced to take account of any underpayment or, as the case may be, overpayment.

Payment to be made to a person entitled

91

(1) Subject to regulations 92 to 94 and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.

(2) Where a person other than a person who is entitled to a rent allowance or rate rebate made the claim and that first person is a person referred to in regulation 80(2), (3) or (5), payment may be made to that person.

(3) A person entitled to a rent allowance, although able to act on his own behalf, may request in writing that the Executive make payments to a person, who if an individual must be aged 18 or more, nominated by him, and the Executive may make payments to that person.

Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel

92

(1) Subject to paragraph (2) and paragraph 8(4) of Schedule A1, a payment of rent allowance or rate rebate shall be made to a landlord (and in this regulation the “landlord” includes a person to whom rent or sums by way of rates are payable by the person entitled to that allowance or rebate)—

(a) where under regulations made under the Administration Act an amount of income support , a jobseeker’s allowance or an employment and support allowance payable to the claimant or his partner is being paid direct to the landlord; or

(b) where sub-paragraph (a) does not apply and the person is in arrears of an amount equivalent to 6 weeks or more of the amount he is liable to pay his landlord as rent or rates, except where it is in the overriding interest of the claimant not to make direct payments to the landlord.

(2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 93 shall be to discharge, in whole or in part, the liability of the claimant to pay rent or rates or both to that landlord in respect of the dwelling concerned, except in so far as—

(a) the claimant had no entitlement to the whole or part of that rent allowance so paid to his landlord; and

(b) the overpayment of rent allowance resulting was recovered in whole or in part from that landlord.

(2A) In a case where—

(a) the Executive has determined a maximum rent (LHA) in accordance with regulation 14D; and

(b) the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 93 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.

(3) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph 1(a) or (b) applies the amount payable by way of rate rebate shall be paid direct to that Department.

(4) Where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance or rate rebate no such payment shall be made direct to him under paragraph (1).

Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel

93

(1) Subject to paragraph 8(4) of Schedule A1, where regulation 92 does not apply but subject to paragraph (3) of this regulation, a payment of a rent allowance or rate rebate may nevertheless be made to a person’s landlord where—

(a) the person has requested or consented to such payment;

(b) payment to the landlord is in the interest of the claimant and his family; or

(c) the person has ceased to reside in the dwelling in respect of which the allowance or rebate was payable and there are outstanding payments of rent or rates but any payment under this sub-paragraph shall be limited to an amount equal to the amount of rent outstanding.

(2) Without prejudice to the power in paragraph (1), in any case where in the opinion of the Executive—

(a) the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and

(b) it would be in the interests of the efficient administration of housing benefit,

a first payment of a rent allowance following the making of a decision on a claim or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00142] may be made, in whole or in part, ... to that landlord.

(3) In a case where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant’s rent allowance or rate rebate, the Executive may either—

(a) not make direct payments to the landlord in accordance with paragraph (1); or

(b) make such payments to the landlord where the Executive is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.

(4) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph (1)(a), (b) or (c) or (2) applies the amount payable by way of a rate rebate may be paid direct to that Department.

(5) In this regulation “landlord” has the same meaning as in regulation 92 and paragraph (2) of that regulation shall have effect for the purposes of this regulation.

Payment on death of the person entitled

94

(1) Subject to paragraphs (3) and (5) where the person entitled to housing benefit has died the relevant authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.

(2) For the purposes of paragraph (1) “next of kin” means the persons who would take beneficially on an intestacy under the provisions of Part II of the Administration of Estates Act (Northern Ireland) 1955[^f00143].

(3) A payment under paragraph (1) or (5) shall not be made unless the landlord, the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the relevant authority at its designated office within 12 months of the deceased’s death or such longer period as the authority may allow in any particular case.

(4) The authority may dispense with strict proof of title of any person claiming under paragraph (3) and the receipt of such a person shall be a good discharge to the authority for any sum so paid.

(5) Subject to paragraph (3), where the relevant authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance or rate rebate was payable to his landlord in accordance with regulation 92 or 93, that authority shall pay to that landlord so much of that allowance or rebate as does not exceed the amount of rent or rates outstanding at the date of the person’s death.

Offsetting

95

(1) Where a person has been paid a sum of housing benefit under a decision which is subsequently revised or superseded or further revised or superseded, any sum paid in respect of a period covered by a subsequent decision shall be offset against arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

(2) Where an amount has been deducted under regulation 101(1) an equivalent sum shall be offset against any arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

(3) No amount may be offset under paragraph (1) which has been determined to be an overpayment within the meaning of regulation 96.

PART XIII — Overpayments

Meaning of overpayment

96

In this Part, “overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations including any excess of rebate (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) and includes any amount paid on account under regulation 90 which is in excess of the entitlement to housing benefit as subsequently decided.

Recoverable overpayments

97

(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph (4), this paragraph applies to an overpayment which arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.

(3) In paragraph (2), “overpayment which arose in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a) the relevant authority;

(b) an officer or person acting for that authority;

(i) the Department;

(ii) the Department for Employment and Learning;

(iii) Revenue and Customs,

acting as such; or

(d) a person providing services to either Department mentioned in sub-paragraph (c) or to the Commissioners for Her Majesty’s Revenue and Customs,

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

(4) Where in consequence of an official error, a person has been awarded rent rebate or rate rebate or both to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised or superseded any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision or supersession took place, shall be recoverable.

Person from whom recovery may be sought

98

(1) For the purposes of section 73(3)(a) of the Administration Act[^f00144] (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—

(a) housing benefit has been paid to a landlord in accordance with regulation 92 or 93;

(b) the landlord has notified the Executive or the Department in writing that he suspects that there has been an overpayment;

(c) the Executive is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;

(d) it appears to the Executive that, on the assumption that there has been an overpayment—

(i) there are grounds for instituting proceedings against any person for an offence under section 105A[^f00145] or 106(1)[^f00146] of the Administration Act (dishonest or false representations for obtaining benefit), or

(ii) there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 84 and the overpayment occurred as a result of that deliberate failure; and

(e) the Executive is satisfied that the landlord—

(i) has not colluded with the claimant so as to cause the overpayment;

(ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment.

(2) For the purposes of section 73(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by the Executive—

(a) subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;

(b) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or

(c) in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.

(2A) Where an overpayment is made in a case where the Executive has determined a maximum rent (LHA) in accordance with regulation 14D, and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the Executive must not recover from the landlord more than the landlord has received.

(3) For the purposes of paragraphs (1) and (2A), “landlord” shall have the same meaning as it has for the purposes of regulation 92.

(4) For the purposes of paragraph (2)(c), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 97(3).

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Method of recovery

99

(1) Without prejudice to any other method of recovery, a relevant authority may recover a recoverable overpayment from any person referred to in regulation 98 by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 95) or, where it is unable to do so, may request the Department to recover any recoverable overpayment from the benefits prescribed in regulation 102(1).

(1A) Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Department to recover any recoverable overpayment from the benefits prescribed in regulation 102(2A), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Subject to paragraphs ... (5) and (6), where the Executive makes deductions permitted by paragraph (1) or (1A) from the housing benefit in respect of rent it is paying to a claimant or a claimant’s partner (other than deductions from arrears of entitlement), the deduction in respect of a benefit week shall be—

(a) in a case to which paragraph (4) applies, not more than the amount there specified; and

(b) in any other case, not more than 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.

(4) Where the Executive makes deductions from housing benefit in respect of rent it is paying to a claimant or a claimant’s partner, where the claimant has, in respect of the whole or part of the recoverable overpayment—

(a) been found guilty of an offence whether under a statute or otherwise;

(b) made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or

(c) agreed to pay a penalty under section 109A of the Administration Act[^f00147] (penalty as alternative to prosecution) and the agreement has not been withdrawn,

the amount deducted under paragraph (3) shall be not more than 5 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.

(5) Where, in the calculation of housing benefit in respect of rent, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 3 to 10 of Schedule 5 , or paragraph 10A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance Regulations , regulation 39(1)(a) of the Employment and Support Allowance Regulations (Northern Ireland) 2016 or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, or paragraph 14, 15 or 16 of Schedule 6, the deduction under paragraph (3) may be increased by not more than half the amount of the reduction.

(6) No deduction made under this regulation... shall be applied so as to reduce the housing benefit in respect of a benefit week to less than 50 pence.

(7) In this regulation—

“admission after caution” means an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence (Northern Ireland) Order 1989[^f00148];

“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(b) of column (2) of Schedule 4.

(8) This regulation shall not apply in respect of an offence committed or an admission after caution or an agreement to pay a penalty made before 2nd October 2000.

Diminution of capital

100

(1) Where in the case of a recoverable overpayment, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person’s capital, or an error, other than one to which regulation 97(2) refers, as to the amount of a person’s capital, the overpayment was in respect of a period (“the overpayment period”) of more than 13 benefit weeks, the relevant authority shall, for the purpose only of calculating the amount of that overpayment—

(a) at the end of the first 13 benefit weeks of the overpayment period, treat the amount of that capital as having been reduced by the amount of housing benefit overpaid during those 13 weeks;

(b) at the end of each subsequent period of 13 benefit weeks, if any, of the overpayment period, treat the amount of that capital as having been further reduced by the amount of housing benefit overpaid during the immediately preceding 13 benefit weeks.

(2) Capital shall not be treated as reduced over any period other than 13 benefit weeks or in any circumstances other than those for which paragraph (1) provides.

Sums to be deducted in calculating recoverable overpayments

101

(1) Subject to paragraph (2), in calculating the amount of a recoverable overpayment, the relevant authority shall deduct any amount of housing benefit which should have been determined to be payable to the person from whom the overpayment is recoverable or their partner in respect of the whole or part of the overpayment period—

(a) on the basis of the claim as presented to the authority;

(b) on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the decision; or

(c) on the basis of the claim as it would have appeared if any change of circumstances, except a change of the dwelling which the claimant occupies as his home, had been notified at the time that change occurred.

(2) In the case of rent or rate rebate only, in calculating the amount of a recoverable overpayment the relevant authority may deduct so much of any payment by way of rent or rates in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous decision.

Recovery of overpayments from prescribed benefits

102

(1) Subject to paragraph (2A), for the purposes of section 73(4) of the Administration Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are—

(a) any benefit except guardian’s allowance;

(b) income support;

(c) any benefit payable under the legislation of any member State ... concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71[^f00149] , as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the European Union, or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems, whether or not the benefit has been acquired by virtue of the provisions of either Regulation, as amended from time to time;

(d) a jobseeker’s allowance;

(e) state pension credit.

(f) an employment and support allowance.

(g) personal independence payment;

(ga) adult disability payment;

(h) universal credit.

(2) For the purposes of paragraph (1)(c) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999[^f00150] (as amended from time to time).

(2A) For the purposes of section 73(4) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 99(1A), the benefits prescribed by this regulation are—

(a) income support;

(b) income-based jobseeker’s allowance;

(d) income-related employment and support allowance.

(e) personal independence payment;

(ea) adult disability payment;

(f) universal credit.

(3) The Department shall, if requested to do so by an authority under regulation 99, recover a recoverable overpayment by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (2A) provided that the Department is satisfied that—

(a) a recoverable overpayment has been made in consequence of a misrepresentation of or a failure to disclose a material fact (in either case whether fraudulently or otherwise), by a claimant or any other person to whom a payment of housing benefit has been made; and

(b) the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (2A) (as the case may be) to enable deductions to be made for the recovery of the overpayment.

(4) In paragraph (1)(a), “benefit” has the meaning it has in section 121(1) of the Act.

Prescribed benefits

103

(1) The benefits prescribed for the purposes of section 73(5) and (7) of the Administration Act[^f00151] (recovery of overpayments) are those set out in the following paragraphs.

(2) Prescribed benefits within section 73(5)(a) of the Administration Act (benefits to which a landlord or agent is entitled) are—

(a) housing benefit; and

(b) those benefits prescribed from time to time in regulation 102(1), but only in cases where—

(i) the Executive has, pursuant to regulation 99, requested the Department to recover an overpayment of housing benefit from such benefits, and

(ii) the Department is satisfied as to the matters prescribed in paragraph (3)(a) and (b) of regulation 102.

(3) Housing benefit is prescribed for the purposes of section 73(5)(b) or (c) of the Administration Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).

(4) Prescribed benefits within section 73(7) of the Administration Act (benefits recoverable from the county court) are housing benefit and those benefits prescribed from time to time in regulation 102(1).

Restrictions on recovery of rent and consequent modifications

104

(1) Where, pursuant to section 73(5)(b) of the Administration Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as “the landlord” in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as “the tenant” in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.

(2) This paragraph applies in a case where the amount recoverable from the landlord relates to an overpayment of housing benefit in relation to which the landlord has—

(a) agreed to pay a penalty pursuant to section 109A of the Administration Act; or

(b) been convicted of an offence arising under the Act or any other statutory provision.

(3) In any case to which paragraph (2) applies or will apply when recovery is made the Executive shall notify both the landlord and the tenant that—

(a) the overpayment that it has recovered or that it has determined to recover (“that sum”) is or will be one to which paragraph (2) applies; and

(b) the landlord has no right in relation to that sum against the tenant, and that his obligation to the landlord shall be taken to be discharged by the amount so recovered.

PART XIV — Information ...

Interpretation

105

In this Section—

“the notice” means the notice prescribed in regulation 107(1)(b);

“relevant information” means such information as is prescribed in regulation 108;

“the requirer” means a person within regulation 106, who requires information pursuant to that regulation;

“the supplier” means an appropriate person who is required, pursuant to regulations 106 and 107, to supply relevant information and any person who is not so required is not, for the purpose of supplying information pursuant to section 119A of the Administration Act[^f00152] and these Regulations, an appropriate person.

Requiring information

106

Pursuant to section 119A of the Administration Act, where a claim is made to the Executive, on which a rent allowance may be awarded, then, in the circumstances prescribed in regulation 107, the Executive, or any person authorised to exercise any function of the Executive relating to housing benefit, may require an appropriate person to supply to the Executive or person relevant information, in the manner prescribed in regulation 109.

Circumstances for requiring information

107

(1) A person is required to supply information in the following circumstances—

(a) he is an appropriate person in relation to any dwelling in respect of which—

(i) housing benefit is being paid to an appropriate person pursuant to regulation 92 or 93, or

(ii) a request has been made by an appropriate person or by the claimant for housing benefit to be so paid; and

(b) the requirer serves upon that appropriate person, whether by post or otherwise, a written notice stating that the requirer—

(i) suspects that there is or may be an impropriety in relation to a claim in respect of any dwelling wherever situate in relation to which he is an appropriate person, or

(ii) is already investigating an allegation of impropriety in relation to that person.

(2) Information required to be supplied under paragraph (1) shall be supplied to the requirer at the address specified in the notice.

Relevant information

108

(1) The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in this Section as “the relevant information”).

(2) For a supplier who falls within paragraph (4) or section 119A(2)(b) of the Administration Act (“the landlord”), the information is—

(a) where the landlord is an individual—

(i) his appropriate details;

(ii) the relevant particulars of any residential property in which he has an interest, and

(iii) the appropriate details of any body corporate, in which he is a major shareholder or of which he is a director and which has an interest in residential property;

(b) where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;

(i) its appropriate details;

(ii) the relevant particulars of any residential property in which it has an interest;

(iii) the names and addresses of any directors of it;

(iv) the appropriate details of any person—

(aa) who owns 20 per cent. or more of it; or

(bb) of whom it owns 20 per cent. or more, and

(v) the names and addresses of its major shareholders;

(d) where the landlord is a charity the appropriate details relating to the landlord.

(3) For a supplier who falls within section 119A(2)(c) of the Administration Act or paragraph (5) (“the agent”), the information is—

(a) the name and address of any person (“his principal”)—

(i) to whom the agent has agreed to make payments in consequence of being entitled to receive relevant payments, or

(ii) for whom the agent is acting on behalf of or in connection with any aspect of the management of a dwelling,

as the case may be;

(b) the relevant particulars of any residential property in respect of which the agent—

(i) has agreed to make payments in consequence of being entitled to receive relevant payments, or

(ii) is acting on behalf of his principal in connection with any aspect of its management;

(i) the relevant particulars of any residential property in which he has an interest;

(ii) the appropriate details of any body corporate or any person otherwise not an individual, in which he is a major shareholder or of which he is a director and which has any interest in residential property; or

(d) where the agent is a body corporate or other than an individual—

(i) the relevant particulars of any residential property in which it has an interest;

(ii) the names and addresses of any directors of or major shareholders in the agent, and

(iii) the appropriate details of any person—

(aa) who owns 20 per cent. or more of the agent; or

(bb) of whom the agent owns 20 per cent. or more.

(4) A supplier falls within this paragraph (landlord receiving rent), if he falls within section 119A(2)(a) of the Administration Act, but does not fall within paragraph (5).

(5) A supplier falls within this paragraph (agent receiving the rent), if he falls within subsection (2)(a) of section 119A of the Administration Act and has agreed to make payments, in consequence of being entitled to receive relevant payments, to a person falling within subsection (2)(b) of that section.

(6) For the purposes of this regulation—

“appropriate details” means the name of the person and (in the case of a company) its registered office and, in any case, the full postal address, including post code, of the principal place of business of that person and the telephone and facsimile number (if any) of that place;

“charity” has the same meaning as in the Charities Act (Northern Ireland) 1964[^f00153];

“major shareholder” means, where a body corporate is a company limited by shares, any person holding one tenth or more of the issued shares in that company and, in any other case, all the owners of that body;

“relevant particulars” means the full postal address, including post code, and number of current lettings of or within that residential property and, if that property includes 2 or more dwellings, that address and the number of such lettings for each such dwelling;

“residential property” includes any premises, situate within the United Kingdom—used or which has, within the last 6 months, been used, orwhich may be used or is adapted for use,as residential accommodation,

and other expressions used in this regulation and also in the Companies (Northern Ireland) Order 1986[^f00154] shall have the same meaning in this regulation as they have in that Order.

Manner of supply of information

109

(1) Subject to paragraph (2), the relevant information shall be supplied—

(a) in typewritten or printed form; or

(b) with the written agreement of the requirer, in electronic or handwritten form,

within a period of 4 weeks commencing on the date on which the notice was sent or given.

(2) Where—

(a) within a period of 4 weeks commencing on the date on which the notice was sent or given, the supplier requests that the time for the supply of the relevant information be extended; and

(b) the requirer provides written agreement to that request,

the time for the supply of the relevant information shall be extended to a period of 8 weeks commencing on the date on which the notice was sent or given.

Criminal offence

110

Any supplier who fails to supply relevant information to the requirer as, when and how required under this Section shall be guilty of an offence under section 107 of the Administration Act.

SCHEDULE 1 — Ineligible service charges

PART I — Service charges other than for fuel

Ineligible service charges

1

The following service charges shall not be eligible to be met by housing benefit—

(a) charges in respect of day-to-day living expenses including, in particular, all provision of—

(i) subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);

(ii) laundry (other than the provision of premises or equipment to enable a person to do his own laundry);

(iii) leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);

(iv) cleaning of rooms and windows except cleaning of—

(aa) communal areas; or

(bb) the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a payment is not made in respect of such cleaning by the Executive to the claimant or his partner, or to another person on their behalf; and

(v) transport;

(b) charges in respect of—

(i) the acquisition of furniture or household equipment, and

(ii) the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;

(d) charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);

(e) charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);

(f) charges in respect of general counselling or of any other support services, whoever provides those services;

(g) charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

Amount ineligible for meals

2

(1) Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.

(2) Subject to sub-paragraph (4), where the charge includes provision for at least 3 meals a day, the amount shall be—

(a) for a single claimant, £35.95;

(b) if the claimant is a member of a family—

(i) for the claimant and for each member of his family aged 16 or over, £35.95;

(ii) for each member of his family under age 16, £18.25.

(3) Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than 3 meals a day, the amount shall be—

(a) for a single claimant, £24.00;

(b) if the claimant is a member of a family—

(i) for the claimant and for each member of his family aged 16 or over, £24.00;

(ii) for each member of his family under age 16, £12.00.

(4) For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.

(5) Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be £4.35.

(6) Where a charge for meals includes provision for meals for a person who is not a member of the claimant’s family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant’s family.

(7) For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.

Amount of ineligible charges

3

(1) Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the Executive shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.

(2) Subject to paragraph 2, where the Executive considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.

(3) In sub-paragraph (2) “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 13(1)(e).

(4) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.

Excessive service costs

4

Subject to paragraph 2, where the Executive considers that the amount of a service charge to which regulation 13(1)(e) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.

PART II — Payments in respect of fuel charges

5

A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.

6

(1) Where a charge is ineligible to be met by housing benefit under paragraph 5—

(a) in the calculation of entitlement to a rent rebate; or

(b) in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),

the amount ineligible to be met by housing benefit shall be the full amount of the service charge.

(2) In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—

(a) for heating (other than hot water), £35.25;

(b) for hot water, £4.10;

(d) for cooking, £4.10.

(3) Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one half of the aggregate of the amounts specified in sub-paragraph (2)(a), (b) and (c).

(4) In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.

7

(1) Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall—

(a) where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or

(b) in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the Executive for the purpose of calculating the claimant’s weekly eligible rent under regulation 78.

(2) In a case to which regulation 79 applies, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall—

(a) where rent is payable weekly, or in multiples of a week, be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent; or

(b) in any other case, be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

8

In this Schedule—

“communal areas” means any area (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;

“fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.

SCHEDULE 2 — Decisions of rent payable

PART I — Decisions

Significantly high rents

1

(1) The Executive shall decide whether, in its opinion, the rent payable under the tenancy of the dwelling at the relevant time is significantly higher than the rent which the landlord might reasonably have been expected to obtain under the tenancy at that time.

(2) If the Executive decides under sub-paragraph (1) that the rent is significantly higher, the Executive shall also decide the rent which the landlord might reasonably have been expected to obtain under the tenancy at the relevant time.

(3) When making a decision under this paragraph, the Executive shall have regard to the level of rent under similar tenancies of similar dwellings in the locality (or as similar as regards tenancy, dwelling and locality as is reasonably practicable) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy.

Size and rent

2

(1) The Executive shall decide whether the dwelling, at the relevant time, exceeds the size criteria for the occupiers.

(2) If the Executive decides that the dwelling exceeds the size criteria, the Executive shall also decide the rent which a landlord might reasonably have been expected to obtain, at the relevant time, for a tenancy which is—

(a) similar to the tenancy of the dwelling;

(b) on the same terms other than the term relating to the amount of rent; and

(i) accords with the size criteria for the occupiers;

(ii) is in a reasonable state of repair, and

(iii) corresponds in other respects, in the Executive’s opinion, as closely as is reasonably practicable to the dwelling.

(3) When making a decision under sub-paragraph (2), the Executive shall have regard to the same matter and make the same assumption as specified in paragraph 1(3), except that in judging the similarity of other tenancies and dwellings the comparison shall be with the tenancy of the second dwelling referred to in sub-paragraph (2) and shall assume that no one who would have been entitled to housing benefit had sought or is seeking that tenancy.

Exceptionally high rents

3

(1) The Executive shall decide whether, in its opinion, the rent payable for the tenancy of the dwelling at the relevant time is exceptionally high.

(2) In sub-paragraph (1) “rent payable for the tenancy” means—

(a) where a decision is made under sub-paragraph (2) of paragraph 2, the rent decided under that sub-paragraph;

(b) where no decision is so made and a decision is made under sub-paragraph (2) of paragraph 1, the rent decided under that sub-paragraph; and

(3) If the Executive decides under sub-paragraph (1) that the rent is exceptionally high, the Executive shall also decide the highest rent, which is not an exceptionally high rent and which a landlord might reasonably have been expected to obtain at the relevant time (on the assumption that no one who would have been entitled to housing benefit had sought or is seeking the tenancy) for an uncontrolled tenancy of a dwelling which—

(a) is in the same locality as the dwelling;

(b) has the same number of bedrooms and rooms suitable for living in as the dwelling (or, where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(4) For the purpose of deciding whether a rent is an exceptionally high rent under this paragraph, the Executive shall have regard to the levels of rent under uncontrolled tenancies of dwellings which—

(a) are in the same locality as the dwelling (or in as similar a locality as is reasonably practicable); and

(b) have the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accord with the size criteria).

Local reference rents

4

(1) The Executive shall make a decision of a local reference rent in accordance with the formula—

$$R=H+L2$where—R is the local reference rent;H is the highest rent, in the Executive’s opinion—which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); andwhich is not an exceptionally high rent; andL is the lowest rent, in the Executive’s opinion—which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); andwhich is not an exceptionally low rent.$

(2) The criteria are—

(a) that the dwelling under the uncontrolled tenancy—

(i) is in the same locality as the dwelling;

(ii) is in a reasonable state of repair, and

(iii) has the same number of bedrooms and rooms suitable for living in as the dwelling (or, in a case where the dwelling exceeds the size criteria for the occupiers, accords with the size criteria); and

(b) if the tenant does not have the use under the tenancy of the dwelling at the relevant time of more than one bedroom or room suitable for living in and neither the tenant nor the tenant’s partner is a person who requires overnight care —

(i) that under the uncontrolled tenancy the tenant does not have the use of more than one bedroom or room suitable for living in;

(ii) if the rent under the tenancy at the relevant time includes payments for board and attendance and the Executive considers the amount fairly attributable to board and attendance is a substantial part of the rent, that a substantial part of the rent under the uncontrolled tenancy is fairly attributable to board and attendance;

(iii) if sub-head (ii) does not apply and the tenant shares a kitchen, toilet, bathroom and room suitable for living in with a person other than a member of his household, a non-dependant or a person who pays rent to the tenant, that the uncontrolled tenancy provides for the tenant to share a kitchen, toilet, bathroom and room suitable for living in, and

(iv) if sub-heads (ii) and (iii) do not apply, that the circumstances described in sub-heads (ii) and (iii) do not apply in relation to the uncontrolled tenancy.

(3) When ascertaining H and L under sub-paragraph (1), the Executive—

(a) shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b) shall exclude the amount of any rent which, in the Executive’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit.

(4) In sub-paragraph (2), “bedroom or room suitable for living in” does not include a room which the tenant shares with any person other than—

(a) a member of his household;

(b) a non-dependant; or

(5) In sub-paragraph (3), “services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the tenant, but not, in the case of a tenancy where a substantial part of the rent under the tenancy is fairly attributable to board and attendance, the provision of meals (including the preparation of meals or provision of unprepared food).

Single room rents

5

(1) The Executive shall decide a single room rent in accordance with the following formula—

$$S= H+L 2$ where— S is the single room rent; H is the highest rent, in the Executive’s opinion— which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and which is not an exceptionally high rent; and L is the lowest rent, in the Executive’s opinion— which a landlord might reasonably have been expected to obtain, at the relevant time, for an uncontrolled tenancy of a dwelling which meets the criteria in sub-paragraph (2); and which is not an exceptionally low rent.$

(2) The criteria are—

(a) that the dwelling under the uncontrolled tenancy is in the same locality as the dwelling and is in a reasonable state of repair;

(b) that, under the uncontrolled tenancy, the tenant—

(i) has the exclusive use of one bedroom;

(ii) does not have the use of any other bedroom;

(iii) shares the use of a room suitable for living in;

(iv) shares the use of a toilet and bathroom, and

(v) shares the use of a kitchen and does not have the exclusive use of facilities for cooking food; and

(3) Sub-paragraphs (3) and (5) of paragraph 4 apply when ascertaining H and L under this paragraph as if the reference in those sub-paragraphs to H and L were to H and L under this paragraph.

6

(1) In this paragraph, “claim-related rent” means the claim-related rent decided by the Executive in accordance with paragraph (2A).

(2A) The Executive shall decide that the claim-related rent is—

(a) where it makes a decision under sub-paragraph (2) of paragraph 1, sub-paragraph (2) of paragraph 2 and sub-paragraph (3) of paragraph 3, the lowest of the 3 rents decided under those sub-paragraphs;

(b) where it makes a decision under only 2 of the sub-paragraphs referred to in head (a), the lower of the 2 rents decided under those sub-paragraphs;

(c) where it makes a decision under only one of the sub-paragraphs referred to in head (a), the rent decided under that sub-paragraph;

(d) where it does not make a decision under any of the sub-paragraphs referred to in head (a), the rent payable under the tenancy of the dwelling at the relevant time.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) ... The Executive shall also decide the total amount of ineligible charges, as defined in paragraph 7, which it has not included in the claim-related rent because of the assumptions made in accordance with that paragraph.

PART II — Assumptions etc.

Ineligible charges and support charges

7

(1) For the purposes of this paragraph, “ineligible charges” means service charges which are ineligible to be met by housing benefit by virtue of regulation 13A(2) and Schedule 1 except, in the case of a tenancy where the rent includes payments for board and attendance, and the Executive considers that a substantial part of the rent under the tenancy is fairly attributable to board and attendance, charges specified in paragraph 1(a)(i) of Schedule 1.

(2) When making a decision under paragraph 1, 2 or 3 of this Schedule, the Executive shall assume that the items to which the ineligible charges relate were not to be provided or made available.

Housing associations etc.

8

(1) Where the landlord is a housing association or a charity, the Executive shall assume that the landlord is not such a body.

(2) The Executive shall not take into account the rent under any tenancy where the landlord is a housing association or where the landlord is a charity and the dwelling is provided by the landlord in the pursuit of its charitable purposes.

(3) In this paragraph “charity” has the same meaning as in the Charities Act (Northern Ireland) 1964.

PART III — Indicative rent levels

9

(1) The Executive shall decide the indicative rent level for each category described in sub-paragraph (3) in accordance with the following formula—

$$I= H+3L 4$ where— I is the indicative rent level; H is the highest rent, in the Executive’s opinion— which a landlord might reasonably be expected to obtain at the time the decision is being made for an uncontrolled tenancy of a dwelling meeting the criteria in sub-paragraph (2); and which is not an exceptionally high rent; and L is the lowest rent, in the Executive’s opinion— which a landlord might reasonably be expected to obtain at the time the decision is being made for an uncontrolled tenancy of a dwelling meeting the criteria in sub-paragraph (2); and which is not an exceptionally low rent.$

(2) The criteria are that—

(a) the dwelling is in a reasonable state of repair; and

(b) the dwelling and tenancy accord with the category to which the decision relates.

(3) The categories for the purposes of this paragraph are—

(a) a dwelling where the tenant does not have use of more than one room and where a substantial part of the rent under the tenancy is fairly attributable to board and attendance;

(b) a dwelling where the tenant does not have use of more than one room, the tenancy provides for him to share a kitchen or toilet and head (a) does not apply;

(d) a dwelling where the tenant does not have use of more than 2 rooms and where none of heads (a) to (c) applies;

(e) a dwelling where the tenant does not have use of more than 3 rooms and where none of heads (a) to (d) applies;

(f) a dwelling where the tenant does not have use of more than 4 rooms and where none of heads (a) to (e) applies;

(g) a dwelling where the tenant does not have use of more than 5 rooms and where none of heads (a) to (f) applies; and

(h) a dwelling where the tenant does not have use of more than 6 rooms and where none of heads (a) to (g) applies.

(4) When ascertaining H and L under sub-paragraph (1), the Executive—

(a) shall assume that no one who would have been entitled to housing benefit had sought or is seeking the tenancy; and

(b) shall exclude the amount of any rent which, in the Executive’s opinion, is fairly attributable to the provision of services which are ineligible to be met by housing benefit.

(5) In this paragraph—

“room” means a bedroom or room suitable for living in and in heads (a), (b) and (c) of sub-paragraph (3) does not include a room which the tenant shares with any person other than— a member of his household; a non-dependant of the tenant; or a person who pays rent to the tenant;

“services” has the meaning given in paragraph 4(5).

PART IV — Size criteria

10

One bedroom or room suitable for living in shall be allowed for each of the following categories of occupier (and each occupier shall come within only the first category for which he is eligible)—

(za) a member of a 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.

11

The number of rooms (excluding any allowed under paragraph 10) suitable for living in allowed are—

(a) if there are less than 4 occupiers, one;

(b) if there are more than 3 and less than 7 occupiers, 2; and

PART V — Special cases

Houseboats

12

Where a decision relates in whole or in part to mooring charges for a houseboat, this Schedule applies in relation to that decision (or, as the case may be, to that part which relates to those charges) with the following modifications—

(a) references to a tenancy, a tenancy of a dwelling or an uncontrolled tenancy are references to an agreement under which those charges are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b) no decision shall be made under paragraph 2 and references to the dwelling exceeding the size criteria shall not apply.

Mobile homes

13

Where a decision relates in whole or in part to payments in respect of the site on which a caravan or a mobile home stands, this Schedule applies in relation to that decision (or, as the case may be, that part which relates to those payments) with the following modifications—

(a) references to a tenancy, a tenancy of a dwelling or an uncontrolled tenancy are references to an agreement under which those payments are payable (and references to a landlord and a tenant shall be construed accordingly); and

(b) no decision shall be made under paragraph 2 and references to the dwelling exceeding the size criteria shall not apply.

Rental purchase agreements

14

Where a decision relates to a rental purchase agreement, the agreement is to be treated as if it were a tenancy.

PART VI — Interpretation

15

In this Schedule—

“uncontrolled tenancy” means a tenancy which is not a controlled tenancy within the meaning of Article 40(4) of the Private Tenancies (Northern Ireland) Order 2006 or a secure tenancy within the meaning of Article 25 of the Housing (Northern Ireland) Order 1983[^f00158];

“decision” means a decision made in accordance with Part I or Part III;

“dwelling” means any residential accommodation whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

“occupier” means a person (whether or not identified by name) who is stated to occupy the dwelling as his home;

“relevant time” means the time the application for the decision is made or, if earlier, the tenancy ends;

“size criteria” means the standards relating to bedrooms and rooms suitable for living in specified in this Schedule;

“tenancy” includes—a licence; anda prospective tenancy or licence, andreferences to a tenant, a landlord or any other expression appropriate to a tenancy shall be construed accordingly.

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