A person may give notice of a change of circumstances required to be notified under regulation 65 by means of an electronic communication in accordance with Schedule 10.

SCHEDULE 10 — Electronic communication

Interpretation

1

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

Conditions for the use of electronic communication

2

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

(2) A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

(3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the relevant authority.

(4) The second condition is that the person uses an approved method of—

(a) authenticating the identity of the sender of the communication;

(b) electronic communication;

(d) subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.

(5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.

(6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the relevant authority.

(7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

(8) In this paragraph “approved” means approved by means of a direction given by the relevant authority for the purposes of this Schedule.

Use of intermediaries

3

The relevant authority may use intermediaries in connection with—

(a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

(b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

Effect of delivering information by means of electronic communication

4

(1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

(a) by this Schedule; and

(b) by or under a statutory provision,

are satisfied.

(2) The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

(3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identity of sender or recipient of information

5

If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

(a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

(b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information

6

(1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

(a) any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

(b) any such certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

(2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

(3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.

1

The amount specified in column (2) in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 20—

Column (1)	Column (2)
Person, couple or polygamous marriage	Amount
1Single claimant or lone parent aged—	1
aunder 65;	a£130·00;
b65 or over.	b£150·40.
2Couple—	2
aboth members aged under 65;	a£198·45;
bone member or both members aged 65 or over.	b£225·50.
3If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—	3
afor the claimant and the other party to the marriage;	a£198·45;
bfor each additional spouse who is a member of the same household as the claimant.	b£68·45.
4If the claimant is a member of a polygamous marriage and one or more members are aged 65 or over—	4
afor the claimant and the other party to the marriage;	a£225·50;
bfor each additional spouse who is a member of the same household as the claimant.	b£75·10.

2

(1) The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 20—

Column (1)	Column (2)
Child or young person	Amount
Person in respect of the period—
abeginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	a£84.66;
bbeginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	b£84.66;

SECTION1 — Claims and information

Interpretation

85A

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

85B

(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

85C

The Department may verify relevant information supplied to, or obtained by, it in accordance with regulation 85B.

Recording and holding information

85D

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

85E

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 either—

(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

85F

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.

SECTION2 — Information from landlords and agents

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 regulations 13B or 13C apply, or paragraph 4 of Schedule 3 to the Consequential Provisions Regulations applies.

(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, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) 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 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 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 purpose of paragraph (1), a claimant is treated as occupying the dwelling if—

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

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

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

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

Change in reckonable rent

14B

(1) In a case where—

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

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

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

(2) This paragraph applies in a case where—

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

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

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

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

When a maximum rent (LHA) is to be determined

14C

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

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

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

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

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

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

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

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

(iii) notification of a change of dwelling or

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

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

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

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

(a) the landlord is a registered housing association;

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

(d) the claim or award relates to—

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