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The Housing Benefit (Persons who have attained the qualifying age for state pension credit) 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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(ii) work made under any international public lending right scheme that is analogous to the Public Lending Right Scheme 1982; and

(6) The period under which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.

(7) Where payments are made in a currency other than Sterling, the value of the payment shall be determined by taking the Sterling equivalent on the date the payment is made.

(8) The sums specified in Schedule 5 shall be disregarded in calculating—

(a) the claimant’s earnings; and

(b) any amount to which paragraph (5) applies where the claimant is the first owner of the copyright, design, patent or trademark, or an original contributor to the book or work referred to in paragraph (5)(b).

(8A) For the purpose of paragraph (8)(b), and for that purpose only, the amounts specified in paragraph (5) shall be treated as though they were earnings.

(9) Income specified in Schedule 6 is to be disregarded in the calculation of a claimant’s income.

(10) Schedule 7 shall have effect so that—

(a) the capital specified in Part I shall be disregarded for the purpose of determining a claimant’s income; and

(b) the capital specified in Part II shall be disregarded for the purpose of determining a claimant’s income under regulation 27(2).

(11) In the case of any income taken into account for the purpose of calculating a person’s income, there shall be disregarded any amount payable by way of tax.

Disregard of changes in tax, contributions etc.

32

In calculating the claimant’s income the appropriate authority may disregard any legislative change—

(a) in the basic or other rates of income tax;

(aa) in the Scottish basic or other rates of income tax;

(b) in the amount of any personal tax reliefs under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 ;

(c) in the rates of national insurance contributions payable under the Act or in the lower earnings limit or upper earnings limit for Class 1 contributions under the Act or , the lower or upper limits applicable to Class 4 contributions under the Act ...;

(d) in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the Act or a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015 ; and

(e) in the maximum rate of child tax credit or working tax credit,

for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective.

SECTION 3 — Employed earners

Earnings of employed earners

33

(1) Subject to paragraph (2), “earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—

(a) any bonus or commission;

(b) any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

(d) any holiday pay;

(e) any payment by way of a retainer;

(f) any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of—

(i) travelling expenses incurred by the claimant between his home and place of employment;

(ii) expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;

(g) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001⁸⁶;

(h) statutory sick pay and statutory maternity pay payable by the employer under the Act;

(i) ...statutory paternity pay payable under Part XIIZA of the Act;

(ia) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(j) statutory adoption pay payable under Part XIIZB of the Act;

(ja) statutory shared parental pay payable under Part 12ZC of the Act;

(jb) statutory parental bereavement pay payable under Part 12ZD of the Act;

(k) any sums payable under a contract of service—

(i) for incapacity for work due to sickness or injury, or

(ii) by reason of pregnancy or confinement;

(l) any payment made under the legislation of, or under any scheme operating in, the Republic of Ireland which is analogous to income to which sub-paragraphs (h) to (j) relate.

(2) Earnings shall not include—

(a) subject to paragraph (3), any payment in kind;

(b) any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

(d) any payment of compensation made pursuant to an award by an employment tribunal in respect of unfair dismissal or unlawful discrimination.

(e) any payment in respect of expenses arising out of the claimant participating as a service user .

(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(g).

Calculation of net earnings of employed earners

34

(1) For the purposes of regulation 28, the earnings of a claimant derived or likely to be derived from employment as an employed earner to be taken into account shall, subject to regulation 31(5) and Schedule 5, be his net earnings.

(2) For the purposes of paragraph (1) net earnings shall, except in relation to any payment to which regulation 31(5) refers, be calculated by taking into account the gross earnings of the claimant from that employment over the assessment period, less—

(a) any amount deducted from those earnings by way of—

(i) income tax;

(ii) primary Class 1 contributions under the Act;

(b) one half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;

(c) one half of the amount calculated in accordance with paragraph (4) in respect of any qualifying contribution payable by the claimant; and

(d) where those earnings include a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay, statutory maternity pay, ...statutory paternity pay , statutory adoption pay , statutory shared parental pay or statutory parental bereavement pay , any amount deducted from those earnings by way of any contributions which are payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which correspond to primary Class 1 contributions under the Act.

(3) In this regulation “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.

(4) The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined—

(a) where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;

(b) in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.

(5) Where the earnings of a claimant are determined under regulation 31(2)(b), his net earnings shall be calculated by taking into account those earnings over the assessment period, less—

(a) an amount in respect of income tax equivalent to an amount calculated by applying to those earnings ...the basic rate , or in the case of a Scottish taxpayer, the Scottish basic rate, of tax applicable to the assessment period less only the personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are appropriate to his circumstances but, if the assessment period is less than a year, the earnings to which the basic rate , or the Scottish basic rate, of tax is to be applied and the amount of the personal reliefs deductible under this sub-paragraph shall be calculated on a pro-rata basis;

(b) an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Act in respect of those earnings if such contributions were payable; and

(c) one half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.

(6) Where the claimant is an employed earner in the Republic of Ireland the amounts to be deducted for income tax and primary Class 1 contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.

SECTION 4 — Self-employed earners

Calculation of earnings of self-employed earners

35

(1) Where a claimant’s earnings consist of earnings from employment as a self-employed earner, the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—

(a) over a period of one year; or

(b) where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period (“computation period”) as may, in the particular case, enable the weekly amount of his earnings to be determined more accurately.

(2) For the purposes of determining the weekly amount of earnings of a claimant to whom paragraph (1)(b) applies, his earnings over the computation period shall be divided by the number equal to the number of days in that period and multiplying the quotient by 7.

(3) The period over which the weekly amount of a claimant’s earnings is calculated in accordance with this regulation shall be his assessment period.

Earnings of self-employed earners

36

(1) Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment...⁸⁷⁸⁸.

(2) “Earnings” in the case of employment as a self-employed earner does not include—

(a) where a claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation for which payment is made, those payments;

(b) any payment made by an authority, as defined in Article 2 of the Children Order, to a claimant who is caring for a child by virtue of arrangements made under Article 27(2)(a) of that Order (provision of accommodation and maintenance by an authority for children whom it is looking after);

(c) any payment made by a voluntary organisation under Article 75(1)(a) of the Children Order (provision of accommodation by voluntary organisations);

(d) any payment made to the claimant or his partner for a person (“the person concerned”) who is not normally a member of the claimant’s household but is temporarily in his care, by—

(i) a Health and Social Services Board or HSS trust;

(ii) a voluntary organisation, or

(iii) the person concerned pursuant to Article 36(7) of the Health and Personal Social Services Order⁸⁹; or

(e) any sports award.

Calculation of net profit of self-employed earners

37

(1) For the purposes of regulation 28 the earnings of a claimant to be taken into account shall be—

(a) in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;

(b) in the case of a self-employed earner whose employment is carried on in partnership, his share of the net profit derived from that employment, less—

(i) an amount in respect of income tax and of national insurance contributions payable under the Act calculated in accordance with regulation 38, and

(ii) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.

(2) For the purposes of paragraph (1)(a) the net profit of the employment shall, except where paragraph (8) applies, be calculated by taking into account the earnings of the employment over the assessment period less—

(a) subject to paragraphs (4) to (7), any expenses wholly and exclusively incurred in that period for the purposes of that employment;

(b) an amount in respect of—

(i) income tax, and

(ii) national insurance contributions payable under the Act,

calculated in accordance with regulation 38; and

(3) For the purposes of paragraph (1)(b) the net profit of the employment shall be calculated by taking into account the earnings of the employment over the assessment period less, subject to paragraphs (4) to (7), any expenses wholly and exclusively incurred in that period for the purposes of the employment.

(4) Subject to paragraph (5), no deduction shall be made under paragraph (2)(a) or (3), in respect of—

(a) any capital expenditure;

(b) the depreciation of any capital asset;

(d) any loss incurred before the beginning of the assessment period;

(e) the repayment of capital on any loan taken out for the purposes of the employment; and

(f) any expenses incurred in providing business entertainment.

(5) A deduction shall be made under paragraph (2)(a) or (3) in respect of the repayment of capital on any loan used for—

(a) the replacement in the course of business of equipment or machinery;

(b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair; and

(6) The relevant authority shall refuse to make a deduction in respect of any expenses under paragraph (2)(a) or (3) where it is not satisfied given the nature and the amount of the expense that it has been reasonably incurred.

(7) For the avoidance of doubt—

(a) a deduction shall not be made under paragraph (2)(a) or (3) in respect of any sum unless it has been expended for the purposes of the business;

(b) a deduction shall be made thereunder in respect of—

(i) the excess of any value added tax paid over value added tax received in the assessment period;

(ii) any income expended in the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair;

(iii) any payment of interest on a loan taken out for the purposes of the employment.

(8) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one third of the earnings of that employment, less—

(a) an amount in respect of—

(i) income tax, and

(ii) national insurance contributions payable under the Act,

calculated in accordance with regulation 38; and

(b) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.

(9) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.

(10) The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined—

(a) where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;

(b) in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.

(11) Where the claimant is a self-employed earner in the Republic of Ireland the amounts to be deducted for income tax and social security contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.

(12) In this regulation, “qualifying premium” means any premium which is payable periodically in respect of ... a personal pension scheme and is so payable on or after the date of claim.

Deduction of tax and contributions of self-employed earners

38

(1) The amount to be deducted in respect of income tax under regulation 37(1)(b)(i), (2)(b)(i) or (8)(a)(i) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at ...the basic rate , or in the case of a Scottish taxpayer, the Scottish basic rate, of tax applicable to the assessment period less only the personal reliefs to which the claimant is entitled under Chapters 2, 3 and 3A of Part 3 of the Income Tax Act 2007 as are appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the basic rate , or the Scottish basic rate, of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro-rata basis.

(2) The amount to be deducted in respect of national insurance contributions under regulation 37(1)(b)(i), (2)(b)(ii) or (8)(a)(ii) shall be the total of—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) the amount of Class 4 contributions (if any) which would be payable under section 15 of the Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable to the assessment period on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year applicable to the assessment period; but if the assessment period is less than a year, those limits shall be reduced pro-rata.

(3) In this regulation “chargeable income” means—

(a) except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (2)(a) or, as the case may be, (3) of regulation 37;

(b) in the case of employment as a child minder, one third of the earnings of that employment.

SECTION 5 — Other income

Notional income

39

(1) A claimant shall be treated as possessing—

(a) subject to paragraph (2) the amount of any retirement pension income—

(i) for which no claim has been made, and

(ii) to which he might expect to be entitled if a claim for it were made;

(b) income from an occupational pension scheme which the claimant elected to defer.

(2) Paragraph (1)(a) shall not apply to the following where entitlement has been deferred—

(a) a Category A or Category B retirement pension payable under sections 43 to 55 of the Act;

(b) a shared additional pension payable under section 55A or 55AA of the Act⁹¹; ...

(c) graduated retirement benefit payable under sections 35 or 36 of the National Insurance Act (Northern Ireland) 1966⁹²; and

(d) a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015.

(3) For the purposes of paragraph (2) entitlement has been deferred—

(a) in the case of Category A or Category B pension, in the circumstances specified in section 55(3) of the Act⁹³;

(b) in the case of a shared additional pension, in the circumstances specified in section 55C(3) of the Act⁹⁴;

(c) in the case of graduated retirement benefit, in the circumstances specified in section 35(4) and (4A) of the National Insurance Act (Northern Ireland) 1966⁹⁵.

(d) in the case of a state pension under Part 1 of the Pensions Act (Northern Ireland) 2015, in the circumstances specified in section 17(7) and (8) of that Act.

(4) This paragraph applies where a person who has attained the qualifying age for state pension credit —

(a) is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;

(b) fails to purchase an annuity with the funds available in that scheme; and

(i) defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder;

(ii) fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or

(iii) income withdrawal is not available to him under that scheme.

(4A) Where paragraph (4) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.

(5) The amount of any income foregone in a case where paragraph (4)(c)(i) or (ii) applies shall be the rate of the annuity which may have been purchased with the fund and shall be determined by the relevant authority which shall take account of information provided by the pension fund holder in accordance with regulation 63(6).

(6) The amount of any income foregone in a case where paragraph (4)(c)(iii) applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant scheme ... been held under a personal pension scheme or occupational pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (5).

(7) In paragraph (4), “money purchase benefits” has the meaning it has in the Pension Schemes (Northern Ireland) Act 1993⁹⁶.

(8) Subject to , paragraphs (9), (10ZA), (10ZB) and (10A) , a person shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit.

(9) Paragraph (8) shall not apply in respect of the amount of an increase of pension or benefit where a person, having made an election in favour of that increase of pension or benefit under Schedule 5 or 5A to the Act⁹⁷ or under Schedule 1 to the Graduated Retirement Benefit Regulations, changes that election in accordance with regulations made under Schedule 5 or 5A to that Act in favour of a lump sum.

(10) In paragraph (9), “lump sum” means a lump sum under Schedule 5 or 5A to the Act or under Schedule 1 to the Graduated Retirement Benefit Regulations.

(10A) Paragraph (8) shall not apply in respect of any amount of income other than earnings, or earnings of an employed earner, arising out of the claimant participating as a service user .

(10ZA) Paragraph (8) shall not apply in respect of the amount of an increase of pension where a person, having made a choice in favour of that increase in pension under section 8(2) of the Pensions Act (Northern Ireland) 2015, alters that choice that in accordance with regulations made under section 8(7) of that Act in favour of a lump sum.

(10ZB) Paragraph (8) shall not apply in respect of the amount of an increase of pension where a person, having made a choice in favour of that increase of pension in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8(2) of that Act, alters that choice in favour of a lump sum, in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to regulations made under section 8(7) of that Act.

(10ZC) In paragraph (10ZA), “lump sum” means a lump sum under section 8 of the Pensions Act (Northern Ireland 2015.

(10ZD) In paragraph (10ZB), “lump sum” means a lump sum under regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8 of that Act.

(11) Where a claimant is in receipt of any benefit (other than housing benefit) under the benefit Acts and the rate of that benefit is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, the relevant authority shall treat the claimant as possessing such benefit at the altered rate—

(a) in a case in which the claimant’s weekly amount of eligible rent or, as the case may be, rates falls to be calculated in accordance with regulation 59(2)(b) or (c) or, as the case may be, (3)(b) or (c), from 1st April in that year;

(b) in any other case, from the first Monday in April in that year,

to the date on which the altered rate is to take effect.

(12) In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than housing benefit) at the altered rate in accordance with paragraph (11), that authority shall—

(a) determine the income and capital of that claimant in accordance with regulation 25(1), where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st Aril in any year but not more than 14 days thereafter; and

(b) treat that claimant as possessing such income and capital at the altered rate by reference to the period referred to in paragraph (11)(a) or (b), as the case may be.

(13) For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme; and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004⁹⁸.

(14) In paragraph (13)“registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.

Income paid to third parties

40

(1) Any payment of income, other than a payment specified in paragraphs (2) or (3) , to a third party in respect of the claimant shall be treated as possessed by the claimant.

(2) Paragraph (1) shall not apply in respect of a payment of income made under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

(a) a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980⁹⁹;

(b) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

(c) the person referred to in sub-paragraph (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.

(3) Paragraph (1) shall not apply in respect of any amount of income other than earnings, or earnings derived from employment as an employed earner, arising out of the claimant participating as a service user .

SECTION 6 — Capital

Capital limit

41

For the purposes of section 130(1) of the Act as it applies to housing benefit (no entitlement to benefit if capital exceeds a prescribed amount), the prescribed amount is £16,000.

Calculation of capital

42

(1) For the purposes of Part VII of the Act as it applies to housing benefit, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part.

(2) There shall be disregarded from the calculation of the claimant’s capital under paragraph (1) any capital, where applicable, specified in Schedule 7.

(3) A claimant’s capital shall be treated as including any payment made to him by way of arrears of—

(a) child tax credit;

(b) working tax credit;

if the payment was made in respect of a period for the whole or part of which housing benefit was paid before those arrears were paid.

Calculation of capital in the United Kingdom

43

Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—

(a) where there would be expenses attributable to the sale, 10 per cent.; and

(b) the amount of any encumbrance secured on it.

Calculation of capital outside the United Kingdom

44

Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—

(a) in a case where there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;

(b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent. and the amount of any encumbrance secured on it.

Notional capital

45

(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit except to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 46.

(2) A person who disposes of capital for the purpose of—

(a) reducing or paying a debt owed by the claimant; or

(b) purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,

shall be regarded as not depriving himself of it.

(3) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—

(a) the value of his holding in that company shall, notwithstanding regulation 42, be disregarded; and

(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Part shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

(4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.

(5) Where under this regulation a person is treated as possessing capital, the amount of that capital shall be calculated in accordance with the provisions of this Part as if it were actual capital which he does possess.

Diminishing notional capital rule

46

(1) Where a claimant is treated as possessing capital under regulation 45(1), the amount which he is treated as possessing—

(a) in the case of a week that is subsequent to—

(i) the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or

(ii) a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (3);

(b) in the case of a week in respect of which paragraph (1)(a) does not apply but where—

(i) that week is a week subsequent to the relevant week, and

(ii) that relevant week is a week in which the condition in paragraph (4) is satisfied,

shall be reduced by the amount determined under paragraph (4).

(2) This paragraph applies to a benefit week where the claimant satisfies the conditions that—

(a) he is in receipt of housing benefit; and

(b) but for regulation 45(1), he would have received an additional amount of housing benefit in that week.

(3) In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of—

(a) the additional amount to which paragraph (2)(b) refers;

(b) where the claimant has also claimed state pension credit, the amount of any state pension credit or any additional amount of state pension credit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 21(1) of the State Pension Credit Regulations (Northern Ireland) 2003¹⁰⁰ (notional capital);

(c) where the claimant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations¹⁰¹ (notional capital); and

(d) where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).

(4) Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to housing benefit in the relevant week but for regulation 45(1), and in such a case the amount of the reduction shall be equal to the aggregate of—

(a) the amount of housing benefit to which the claimant would have been entitled in the relevant week but for regulation 45(1) and, for the purposes of this sub-paragraph, if the relevant week is a week to which regulation 59(4)(a) refers, that amount shall be determined by dividing the amount of housing benefit to which he would have been so entitled by the number of days in that week for which he was liable to make payments in respect of the dwelling he occupies as his home and multiplying the quotient so obtained by 7;

(b) if the claimant would, but for regulation 21 of the State Pension Credit Regulations (Northern Ireland) 2003, have been entitled to state pension credit in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the state pension credit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;

(c) if the claimant would, but for regulation 113 of the Jobseeker’s Allowance Regulations, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations¹⁰² (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker’s allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.

(5) The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for housing benefit and the conditions in paragraph (6) are satisfied, and in such a case—

(a) sub-paragraphs (a) to (c) of paragraph (4) shall apply as if for “relevant week” there were substituted “relevant subsequent week”; and

(b) subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

(6) The conditions are that—

(a) a further claim is made 26 or more weeks after—

(i) the date on which the claimant made a claim for housing benefit in respect of which he was first treated as possessing the capital in question under regulation 45(1);

(ii) in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for housing benefit which resulted in the weekly amount being re-determined, or

(iii) the date on which he last ceased to be entitled to housing benefit,

whichever last occurred; and

(b) the claimant would have been entitled to housing benefit but for regulation 45(1) or regulation 46(1) of the Housing Benefit Regulations.

(7) The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

(8) For the purposes of this regulation—

“part-week” in paragraph (4)(b) , (c) and (d) means—a period of less than a week which is the whole period for which state pension credit , an income-related employment and support allowance , or, as the case may be, an income-based jobseeker’s allowance, is payable; andany other period of less than a week for which either of those benefits is payable;

“relevant week” means the benefit week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 45(1)—was first taken into account for the purpose of determining his entitlement to housing benefit; orwas taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to housing benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, housing benefit,and where more than one benefit week is identified by reference to paragraphs (a) and (b) of this definition, means the later or latest such benefit week;

“relevant subsequent week” means the benefit week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.

Capital jointly held

47

(1) Where a claimant and one or more other persons are beneficially entitled in possession to any capital asset, other than a capital asset disregarded under regulation 45(3), they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Part shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

(2) Any premises or land not wholly owned by the claimant shall be disregarded for such period as is reasonable in the circumstances to enable the collection of such information as is necessary to determine the treatment of capital in accordance with paragraph (1).

PART VII — Amount of benefit

Maximum housing benefit

48

The amount of a person’s appropriate maximum housing benefit in any week shall be—

(a) 100 per cent. of his eligible rent calculated on a weekly basis in accordance with regulations 59 and 60; and

(b) 100 per cent. of his eligible rates calculated on a weekly basis in accordance with those Regulations,

less, in either case, any deductions in respect of non-dependants which fall to be made under regulation 53.

Housing benefit tapers

49

The prescribed percentages for the purpose of section 129(3)(b) of the Act (percentage of excess of income over applicable amount which is deducted from maximum housing benefit) shall be—

(a) in calculating the amount of a rate rebate, 20 per cent.; and

(b) in calculating the amount of a rent rebate or allowance, 65 per cent.

Reduction where amount payable under regulation 70 of the Housing Benefit Regulations

50

(1) This regulation applies where—

(a) a claimant became entitled to an extended payment pursuant to regulation 70 of the Housing Benefit Regulations or an extended payment (qualifying contributory benefits) pursuant to regulation 71 of those Regulations; and

(b) during the extended payment period, these Regulations become applicable to the claimant or the claimant’s partner in accordance with regulation 5.

(2) Where this regulation applies, the amount of the extended payment or extended payment (qualifying contributory benefits) payable to a claimant for any week during the extended payment period shall be the higher of—

(a) the amount of the extended payment payable in accordance with regulation 70B(1)(a) of the Housing Benefit Regulations or the extended payment (qualifying contributory benefits) payable in accordance with regulation 71B(1)(a) of those Regulations, as the case may be;

(b) the amount of housing benefit to which a claimant would be entitled under the general conditions of entitlement of these Regulations, if regulation 70 or 71 of the Housing Benefit Regulations did not apply to the claimant; or

(c) the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement of these Regulations, if regulation 70 or 71 of the Housing Benefit Regulations did not apply to the claimant.

(3) Where this regulation applies, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period to a claimant’s partner under these Regulations for any week in the extended payment period.

Extended payments (severe disablement allowance and incapacity benefit)

51

(1) Except in the case of a claimant who is in receipt of state pension credit, a claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where—

(a) the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;

(b) entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner—

(i) commenced employment as an employed or self-employed earner;

(ii) increased their earnings from such employment, or

(iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last 5 weeks or more;

(c) the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and

(d) the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.

(2) A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where—

(a) the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;

(b) the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and

Continuing payments where state pension credit claimed

52

(1) This regulation applies where—

(a) the claimant is entitled to housing benefit;

(b) paragraph (2) is satisfied; and

(i) the claimant has attained the qualifying age for state pension credit ..., or

(ii) the claimant’s partner has actually claimed state pension credit.

(2) This regulation is only satisfied if the Department has certified to the relevant authority that the claimant’s partner has actually claimed state pension credit or that—

(a) the claimant’s award of—

(i) income support has terminated because the claimant has attained the qualifying age for state pension credit, or

(ii) income-based jobseeker’s allowance or income-related employment and support allowance has terminated because the claimant has attained the qualifying age for state pension credit...; and

(b) the claimant has claimed or is treated as having claimed or is required to make a claim for state pension credit.

(3) Subject to paragraph (4), in a case to which this regulation applies, housing benefit shall continue to be paid for the period of 4 weeks beginning on the day following the day the claimant’s entitlement to income support , income-related employment and support allowance or, as the case may be, income-based jobseeker’s allowance, ceased, if and for so long as the claimant otherwise satisfies the conditions for entitlement to housing benefit.

(4) Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3), and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.

(5) Throughout the period of 4 weeks specified in paragraph (3) and any further period specified in paragraph (4)—

(a) the whole of the income and capital of the claimant shall be disregarded;

(b) subject to paragraph (6) the appropriate maximum housing benefit of the claimant shall be that which was applicable in his case immediately before that period commenced.

(6) The appropriate maximum housing benefit shall be calculated in accordance with regulation 48 if, since the date it was last calculated—

(a) the claimant’s rent or rates or both have increased; or

(b) a change in the deduction under regulation 53 falls to be made.

Non-dependant deductions

53

(1) Subject to the following provisions of this regulation, the deductions referred to in regulation 48 shall be—

(a) in respect of a non-dependant aged 18 or over in remunerative work—

(i) in calculating the amount of a rent rebate or allowance, £126.65 per week;

(ii) in calculating the amount of a rate rebate, £9∙90 per week;

(b) in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply—

(i) in calculating the amount of a rent rebate or allowance, £19.65 per week;

(ia) pension age disability payment;

(ii) in calculating the amount of a rate rebate, £3∙30 per week.

(2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—

(a) less than £183.00 the deduction to be made under this regulation in respect of a rent rebate or allowance shall be that specified in paragraph (1)(b)(i);

(b) not less than £183.00 but less than £266.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £45.15;

(c) not less than £266.00 but less than £348.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £62.00;

(d) not less than £348.00 but less than £463.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £101.35;

(e) not less than £463.00 but less than £577.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £115.45;

(f) less than £183∙00, the deduction to be made under this regulation in respect of a rate rebate shall be that specified in paragraph (1)(b)(ii);

(g) not less that £183∙00 but less than £316∙00, the deduction to be made under this regulation in respect of a rate rebate shall be £6∙55;

(h) not less than £316∙00 but less than £394∙00, the deduction to be made under this regulation in respect of a rate rebate shall be £8∙25.

(3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

(4) In applying the provisions of paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the payments in respect of the dwelling payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

(a) blind or treated as blind by virtue of paragraph 6(5) of Schedule 4; or

(b) receiving in respect of himself either—

(zi) armed forces independence payment,

(i) attendance allowance, ...

(ii) the care component of the disability living allowance; ...

(iia) the care component of Scottish adult disability living allowance;

(iii) the daily living component of personal independence paymentor

(iv) the daily living component of adult disability payment;

(7) No deduction shall be made in respect of a non-dependant if—

(a) although he resides with the claimant, it appears to the appropriate authority that his normal home is elsewhere;

(b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

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

(e) he is a full-time student and the claimant or his partner has attained the age of 65; ...

(f) he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, or a prisoner, and for these purposes—

(i) “patient” has the meaning given in paragraph (18) of regulation 7;

(ii) where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and

(iii) “prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the Mental Health (Northern Ireland ) Order 1986¹⁰³; or

(g) he is not residing with the claimant because he is a member of the armed forces away on operations.

(8) No deduction shall be made in calculating the amount of—

(a) a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component) or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income and where the non-dependant is not a member of the work-related activity group ;

(b) a rate rebate in respect of a non-dependant who is on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income or where the non-dependant is not a member of the work-related activity group .

(9) No deduction shall be made in respect of a non-dependant who is on state pension credit.

(10) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—

(a) any armed forces independence payment, attendance allowance , pension age disability payment, , disability living allowance , Scottish adult disability living allowance , child disability payment , personal independence paymentor adult disability payment received by him;

(b) any payment 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 Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the Independent Living Fund (2006) which had his income fallen to be calculated under regulation 37 of the Housing Benefit Regulations (calculation of income other than earnings) would have been disregarded under paragraph 24 of Schedule 6 to those Regulations (income in kind); and

(ba) any Grenfell Tower payment;

(bb) any child abuse payment;

(bc) any Windrush payment;

(bd) any Post Office compensation payment;

(be) any LGBT Financial Recognition Scheme payment;

(bf) any miscarriage of justice compensation payment;

(c) any payment which had his income fallen to be calculated under regulation 37 of the Housing Benefit Regulations would have been disregarded under paragraph 37 of Schedule 6 to those Regulations (payments made under certain trusts and certain other payments).

(d) 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.

(11) For the purposes of paragraph (8) “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations (Northern Ireland) 2016.

Minimum housing benefit

54

Where housing benefit is payable in the form of a rent rebate or allowance, it shall not be payable where the amount to which a person would otherwise be entitled is less than 50 pence per benefit week.

PART VIII — Calculation of weekly amounts and changes of circumstances

Date on which entitlement is to commence

55

(1) Subject to paragraph (2), a person who makes a claim for, and is otherwise entitled to, housing benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.

(2) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where he is otherwise entitled to housing benefit and—

(a) he becomes liable in that benefit week, for the first time, to make payments in respect of a dwelling which he occupies as his home; or

(b) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (3) which he occupies as his home.

(3) The accommodation referred to in paragraph (2)(b) is—

(a) a hostel;

(b) board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;

(d) accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.

(4) In this regulation “board and lodging accommodation” means—

(a) accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b) accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.

Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

56

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

Date on which change of circumstances is to take effect

57

(1) Except in cases where regulation 32 applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and the following provisions of this regulation, and to regulations 58 and 59(6), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(2) Subject to paragraph (10) and regulation 8(3) of the Decisions and Appeals Regulations , where the change of circumstances is a change in the amount of rent or rates payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.

(3) Subject to paragraphs (10) to (11A) , except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

(a) that a person moves into a new dwelling occupied as the home; or

(b) any other event which—

(i) entitles a person to be treated as occupying 2 dwellings as his home under regulation 7(6), or

(ii) brings to an end a person’s right to be treated as occupying 2 dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying 2 dwellings as his home,

that change of circumstances shall take effect on the day on which it actually occurs.

(4) Subject to paragraph (10), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 7(6), for which a person can be treated as occupying 2 dwellings as his home, that change shall take effect on the day after the last day of that period.

(5) Subject to paragraph (10), where the change of circumstances is an amendment to these Regulations that change, subject to regulation 59(6), shall take effect as follows—

(a) where the amendment is made by an order under section 132 of the Administration Act¹⁰⁴ (annual up-rating of benefits)—

(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 59(2)(b) or (c), from 1st April;

(ii) in any other case, from the first Monday in April,

in the year in which that order comes into operation;

(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.

(6) Subject to paragraph (10), if 2 or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (3) or (4) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.

(7) Where, during a benefit week commencing on the first Monday in April—

(a) a change of circumstances takes effect in accordance with paragraph (5)(a)(ii);

(b) one or more changes of circumstances occur to which paragraph (1) applies; and

any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.

(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act , article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or Part 5 of the 2015 Order , is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(10) Subject to paragraph (11), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, ...in which case that change shall take effect on the day on which it actually occurs.

(11) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as occupying the former dwelling in accordance with whichever of those regulations applies in his case.

(11A) Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.

(12) Paragraph (13) applies if—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) either—

(i) a non-dependant took up residence in the claimant’s dwelling, or

(ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 53 increased.

(13) Where this paragraph applies, the change of circumstances referred to in paragraph (12)(b) shall take effect from the effective date.

(14) In paragraph (13) but subject to paragraph (15), “the effective date” means—

(a) where more than one change of a kind referred to in paragraph (12)(b) relating to the same non-dependant has occurred since—

(i) the date on which the claimant’s entitlement to housing benefit first began, or

(ii) the date which was the last effective date in respect of such a change,

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;

(b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (12)(b) occurred.

(15) If in any particular case the date determined under paragraph (14) is not the first day of a benefit week, the effective date in that case shall be the first day of the next benefit week to commence after the date determined under that paragraph.

Change of circumstances where state pension credit payable

58

(1) —Paragraphs (2) to (4) apply where—

(a) the claimant is also on state pension credit;

(b) the amount of state pension credit awarded to him is changed in consequence of a change in the claimant’s circumstances or the correction of an official error; and

(c) the change in the amount of state pension credit payable to the claimant results in a change in the rate of housing benefit payable to the claimant.

(2) Where the change of circumstances is that an increase in the amount of state pension credit payable to the claimant results in—

(a) an increase in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate; or

(b) a decrease in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which—

(i) the relevant authority receives notification from the Department of the increase in the amount of state pension credit, or

(ii) state pension credit is increased,

whichever is the later.

(3) Where the change of circumstances is that the claimant’s state pension credit is reduced and in consequence the rate of housing benefit payable to the claimant reduces—

(a) in a case where the claimant’s state pension credit is reduced because the claimant failed to notify the Department timeously of the change of circumstances, the change shall take effect from the first day of the benefit week from which state pension credit was reduced; or

(b) in any other case the change shall take effect from the first day of the benefit week next following the date on which—

(i) the relevant authority receives notification from the Department of the reduction in the amount of state pension credit, or

(ii) state pension credit is reduced,

whichever is the later.

(4) Where the change of circumstances is that—

(a) state pension credit is reduced; and

(b) in consequence of the change, the rate of housing benefit payable to the claimant is increased,

the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.

(5) Where a change of circumstances is that an award of state pension credit has been made to the claimant or his partner and this would result in a decrease in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date on which—

(a) the relevant authority receives notification from the Department of the award; or

(b) entitlement to state pension credit begins,

whichever is the later.

(6) Where, in the case of a claimant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is—

(a) a change of circumstances of a kind described in any of paragraphs (2) to (5) which results from a relevant calculation or estimate; and

(b) a change of circumstances which is a relevant determination,

each of which results in a change in the rate of housing benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraph (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).

(7) Where a change of circumstances occurs in that a guarantee credit has been awarded to the claimant or his partner and this would result in an increase in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date in respect of which the guarantee credit is first payable.

(8) Where a change of circumstances would but for this paragraph take effect under the preceding provisions of this regulation within the 4 week period specified in regulation 52, that change shall take effect on the first day of the first benefit week to commence after the expiry of the 4 week period.

(9) Where the change of circumstances is an amendment of these Regulations, that change, subject to regulation 59(6), shall take effect as follows—

(a) where the amendment is made by an order under section 132 of the Administration Act (annual up-rating of benefits)—

(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 59(2)(b) or (c), from 1st April;

(ii) in any other case, from the first Monday in April, in the year in which that order comes into operation;

(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.

(10) In this regulation—

“official error” has the meaning it has in the Decisions and Appeals Regulations by virtue of regulation 1(2) of those Regulations;

“relevant calculation or estimate” means the calculation or estimate made by the Department of the claimant’s or, as the case may be, the claimant’s partner’s income and capital for the purposes of the award of state pension credit;

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