The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

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

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

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

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

Determination of a maximum rent (LHA)

14D

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

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

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

• (2) The category of dwelling which applies is—

• (a) the category specified in paragraph 1(1)(a) of the Schedule to the Executive Determinations Regulations (one bedroom shared accommodation) where sub-paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and—

• (i) neither the claimant nor his partner (where he has one) is a person to whom paragraph 6 of Schedule 4 applies, or

• (ii) the claimant’s partner is not a care leaver;

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

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

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

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

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

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

• (za) a member of 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...;

• (c) 2 children of the same sex;

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

• (e) a child.

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

...

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

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

• (i) the claimant;

• (ii) the claimant’s partner;

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

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

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

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

• (4) The Executive shall determine —

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

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

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

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

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

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

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

• (10) In this regulation—

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

• “care leaver” means a person who has not attained the age of 22 and—has ceased to be the subject of a care order made pursuant to Article 50(1)(a) of the Children Order which had previously been made in respect to him either—after he attained the age of 16 years, orbefore he attained the age of 16 years, but had continued after he attained that age; orwas formerly provided with accommodation under Article 21 of the Children Order;

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

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

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

Publication of local housing allowances

14E

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

Amended determinations

14F

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

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

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

Decisions

Pre-tenancy decisions

Amount payable during extended payment period when an extended payment is payable pursuant to regulation 70 or 71 of the Housing Benefit Regulations

Extended payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

51A

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

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

• (3) The extended payment period ends—

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

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

Amount of extended payment (qualifying contributory benefits)

51B

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

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

• (b) the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 51 did not apply to the claimant; or

• (c) the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 51 did not apply to the claimant.

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

• (3) Where—

• (a) a claimant is entitled to an extended payment (qualifying contributory benefit) by virtue of regulation 51(2); and

• (b) the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 59(4)(c),

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

• (4) Where—

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

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

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

• (5) No extended payment (qualifying contributory benefits) is payable for any rent and rate-free period as defined in regulation 60(1).

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

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

51C

• (1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 51(1)(b), that award will not cease until the end of the extended payment period.

• (2) Part VIII shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 51B(1)(a).

Continuing payments where state pension credit claimed

Non-dependant deductions

Minimum housing benefit

...

28A

Any arrears of supplementary pension which is disregarded under paragraph 5 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 6 or 7 of that Schedule.

Column (1)	Column (2)
Person, couple or polygamous marriage	Amount
1Single claimant or lone parent aged—	1
aunder 65;	a£155∙60;
b65 or over.	b£168∙70;.
2Couple—	2
aboth members aged under 65;	a£237∙55;
bone member or both members aged 65 or over.	b£252∙30.
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£237∙55;
bfor each additional spouse who is a member of the same household as the claimant.	b£81∙95.
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£252∙30;
bfor each additional spouse who is a member of the same household as the claimant.	b£83∙60.

28B

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

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

82A

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

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

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

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

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

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

Recovery of overpayments from prescribed benefits

Prescribed benefits

Restrictions on recovery of rent and consequent modifications

5A

• (1) Where—

• (a) the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;

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

• (c) regulation 24 does not apply,

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

• (2) Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.

• (3) Notwithstanding regulation 21, if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

• (4) Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Department is satisfied that B is also undertaking exempt work.

• (5) This sub-paragraph applies to a person who is—

• (a) in receipt of a contributory employment and support allowance;

• (b) in receipt of incapacity benefit;

• (c) in receipt of severe disablement allowance; or

• (d) being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.

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

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

• (b) regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995,

and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.

• (7) The specified amount is the amount of money mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).

Transitional protection–reduction in LHA

13D

• (1) This regulation applies where—

• (a) reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 1st April 2011;

• (b) on or after 1st April 2011 the relevant authority is required to determine a maximum rent (LHA) by virtue of—

• (i) regulation 14C(2)(d)(i) because the claimant has become entitled to a larger category of dwelling, or

• (ii) regulation 14C(3); and

• (c) the determination referred to in sub-paragraph (b) is the first determination of a maximum rent (LHA) the relevant authority is required to make on or after 1st April 2011.

• (2) Where this regulation applies, the claimant’s eligible rent is—

• (a) the maximum rent (LHA) where that is equal to or higher than the eligible rent which applied immediately before 1st April 2011; or

• (b) in any other case, the lower of—

• (i) the amount of the eligible rent which applied immediately before 1st April 2011, or

• (ii) the amount of the cap rent by reference to which the maximum rent (LHA) referred to in paragraph (1)(b) was determined.

• (3) Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b) it will continue to apply until, on or after 1st April 2011, the first of the following events occurs—

• (a) the period 9 months after the determination of the maximum rent (LHA) referred to in paragraph (1)(b) has expired;

• (b) the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 14C(2)(d)(i) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is equal to or higher than the eligible rent referred to in paragraph (2)(b);

• (c) the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 14C(2)(d)(i) because the claimant has become entitled to a smaller category of dwelling;

• (d) the relevant authority is required to determine an eligible rent following a change of dwelling; or

• (e) the relevant authority is required to determine an eligible rent in accordance with regulation 13C(3).

• (4) Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection in paragraph (2)(b).

• (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 13C(2)(a) and shall apply according to the provisions of regulation 13C.

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Amended determinations

Decisions

Pre-tenancy decisions

10A

One additional bedroom is allowed where on the application for the determination—

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

• (i) the tenant;

• (ii) the tenant’s partner;

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

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

• (b) the tenant or tenant’s partner is (or both of them are) stated as being a qualifying parent or carer.

28C

Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments).

31A

Any ex-gratia payment made to a qualifying Equitable Life annuitant under regulation 2, or both regulations 2 and 3, of the Age-Related Payments Regulations 2013.

28ZA

Where a person chooses a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015 or in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—

• (a) except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

• (b) the amount of that lump sum,

but only for so long as that person does not alter that choice in favour of an increase of pension.

Recovery by deduction from earnings

83A

• (1) Any overpayment which is recoverable by virtue of regulation 78 may be recovered by a relevant authority by deduction from the earnings of the person from whom it is recoverable.

• (2) Part 6 of the Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 applies in relation to the recovery of overpayments by deduction from the earnings of a person specified in paragraph (1) by a relevant authority as it applies to the recovery of recoverable amounts by deduction from the earnings of persons under that Part by an appropriate authority.

Prescribed benefits

Restrictions on recovery of rent and consequent modifications

10B

Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 10A both apply.

28D

• (1) A payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017, but only for a period of 52 weeks from the date of receipt of the payment.

• (2) Where bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 is paid to the survivor of a cohabiting partnership (within the meaning in section 29(6B) of the Pensions Act (Northern Ireland) 2015) in respect of a death which occurs before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

• (a)

• (i) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019 (rate of bereavement support payment), and

• (ii) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died;

• (b) in respect of the rate set out in regulation 3(2) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019,

but only for a period of 52 weeks from the date of receipt of the payment.

28E

Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

28F

Any sum paid by means of assistance in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

28G

Any sum paid by means of winter heating assistance in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.

22A

Any payment of a widowed parent’s allowance made pursuant to section 39A of the Act (widowed parent’s allowance)—

• (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and

• (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,

but only for a period of 52 weeks from the date of receipt of the payment.

26

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.