The Social Security (Claims and Payments) Regulations 1987

• (c) during which the child is absent and undergoing medical or other treatment as an in-patient in a hospital or similar institution; or

• (d) during such other period as the Secretary of State may in any particular case determine:

Provided that where the absence of the child under (b) has lasted for a continuous period of 26 weeks or the child is absent under (c), that person shall only be treated as continuing to live with that child if he satisfies the Secretary of State that he has incurred, or has undertaken to incur, expenditure for the benefit of the child of an amount not less than the allowance payable in respect of such period of absence.

• (4) Where a child, in respect of whom an allowance is payable, is, by virtue of any provision of an Act of Parliament–

• (a) committed to, or received into the care of, a local authority; or

• (b) subject to a supervision requirement and residing in a residential establishment under arrangements made by a local authority in Scotland;

any appointment made under the foregoing provisions of this regulation shall terminate forthwith:

Provided that, when a child is committed to, or received into, care or is made subject to a supervision requirement for a period which is, and when it began was, not intended to last for more than 12 weeks the appointment shall not terminate by virtue of this paragraph until such period has lasted for 12 weeks .

• (5) In any case where an appointment on behalf of any child in the care of, or subject to a supervision requirement under arrangements made by, a local authority is terminated in accordance with paragraph (4), the Secretary of State may, upon application made to him by that local authority or by an officer of such authority nominated for the purpose by that authority, appoint the local authority or nominated officer thereof or appoint such other person as he may, after consultation with the local authority, determine, to exercise on behalf of the child any right to which that child may be entitled under the Act in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of disability living allowance for any period during which he is in the care of, or, as the case may be, subject to a supervision requirement under arrangements made by, that authority.

• (6) Where a child is undergoing medical or other treatment as an in-patient in a hospital or similar institution and there is no other person to whom disability living allowance may be payable by virtue of an appointment under this regulation, the Secretary of State may, upon application made to him by the health authority, National Health Service Trust, NHS foundation trust or, as the case may be, social services authority, controlling the hospital or similar institution in which the child is an in-patient, or by an officer of that authority or Trust nominated for the purpose by the authority or Trust, appoint that authority or Trust or the nominated officer thereof or such other person as the Secretary of State may, after consultation with that authority or Trust, determine, to exercise on behalf of the child any right to which that child may be entitled in connection with the allowance and to receive and deal on his behalf with any sums payable to him by way of disability living allowance for any period during which he is an in-patient in a hospital or similar institution under the control of that authority or Trust.

• (7) For the purposes of this regulation–

• “child” means a person under the age of 16;

• “child's father” and “child's mother” include a person who is a child's father or mother by adoption or would be such a relative if an illegitimate child had been born legitimate;

• ...

• “health authority” means—...in relation to Wales, a Health Authority established under section 8 of that Act; andin relation to Scotland, a Health Board within the meaning of the National Health Service (Scotland) Act 1978;

• “hospital or similar institution” means any premises for the reception of and treatment of person suffering from any illness, including any mental disorder, or of persons suffering from physical disability, and any premises used for providing treatment during convalescence or for medical rehabilitation;

• “local authority” means, in relation to England and Wales, a local authority as defined in the Local Government Act 1972 and, in relation to Scotland, a local authority as defined in the Local Government (Scotland) Act 1973 ;

• “social services authority” means–in relation to England and Wales, the social services committee established by a local authority under section 2 of the Local Authority Social Services Act 1970 ; andin relation to Scotland, the social work committee established by a local authority under section 2 of the Social Work (Scotland) Act 1968 .

Payment of disability living allowance on behalf of a beneficiary

44

• (1) Where, under arrangements made or negotiated by Motability, an agreement has been entered into by or on behalf of a beneficiary in respect of whom disability living allowance is payable by virtue of entitlement to the mobility component at the higher rate for the hire or hire-purchase of a vehicle, the Secretary of State may arrange that any disability living allowance by virtue of entitlement to the mobility component at the higher rate payable to the beneficiary shall be paid in whole or in part on behalf of the beneficiary in settlement of liability for payments due under that agreement.

• (2) Subject to regulations 45 and 46 an arrangement made by the Secretary of State under paragraph (1) shall terminate at the end of whichever is the relevant period specified in paragraph (3), in the case of hire, or paragraph (4), in the case of a hire-purchase agreement.

• (3) In the case of hire the relevant period shall be:–

• (a) where the vehicle is returned to the owner at or before the expiration of the ... term of hire, the period of the ... term; or

• (b) where the vehicle is retained by or on behalf of the beneficiary with the owner's consent after the expiration of the ... term of hire, other than where sub-paragraph (d) applies, the period of the ... term; or

• (c) where the vehicle is retained by or on behalf of the beneficiary otherwise than with the owner's consent after the expiration of the ... term of hire or its earlier termination, whichever is the longer of the following periods

• (i) the period ending with the return of the vehicle to the owner; or

• (ii) the period of the ... term of hire; or

• (d) where the original term of hire is extended by an agreed variation of the agreement, the period of the extended term.

• (4) In the case of a hire-purchase agreement, the relevant period shall be:–

• (a) the period ending with the purchase of the vehicle; or

• (b) where the vehicle is returned to the owner or is repossessed by the owner under the terms of the agreement before the completion of the purchase, the original period of the agreement.

• (5) In this regulation “Motability” means the company, set up under that name as a charity and originally incorporated under the Companies Act 1985 and subsequently incorporated by Royal Charter.

Recovery of expenses

44A

• (1) Paragraph (2) applies where—

• (a) an agreement referred to in regulation 44(1) has been entered into; and

• (b) a relevant provider is receiving payments of disability living allowance in settlement of liability for payments due under that agreement.

• (2) The Secretary of State may require the relevant provider to make payments to meet the reasonable expenses of the Secretary of State in administering the making of the payments of disability living allowance to the relevant provider.

• (3) The method by which the expenses under paragraph (2) are to be met is for the Secretary of State to issue an invoice to the relevant provider setting out the expenses that have been incurred and for the relevant provider to pay the sum stated to the Secretary of State.

• (4) The first invoice issued by the Secretary of State may recover expenses incurred between 21st July 2016 and the date of the invoice.

• (5) Subsequently the Secretary of State may issue invoices no more frequently than annually and only in respect of expenses incurred since the period covered by the previous invoice.

• (6) The expenses that the Secretary of State may take into account for the purposes of paragraph (2) include—

• (a) the salaries and other costs relating to the employment of staff wholly engaged in the administering of the payments of disability living allowance and where staff have other responsibilities, an apportioned amount of those costs; and

• (b) overheads, including rent and other shared costs, relating to those staff.

• (7) In determining what expenses were reasonably incurred in administering the making of payments of disability living allowance to a relevant provider, the Secretary of State must have regard to any agreement between the Secretary of State and the relevant provider concerning the level of service to be provided by the Secretary of State in the making of such payments to that relevant provider.

Power for the Secretary of State to terminate an arrangement

45

The Secretary of State may terminate an arrangement for the payment of disability living allowance by virtue of entitlement to the mobility component at the higher rate on behalf of a beneficiary under regulation 44 on such date as he shall decide–

• (a) if requested to do so by the owner of the vehicle to which the arrangement relates, or

• (b) where it appears to him that the arrangement is causing undue hardship to the beneficiary and that it should be terminated before the end of any of the periods specified in regulation 44(3) or 44(4).

Restriction on duration of arrangements by the Secretary of State

46

The Secretary of State shall end an arrangement for the payment of disability living allowance by virtue of entitlement to the mobility component at the higher rate on behalf of a beneficiary made under regulation 44, where he is satisfied that the vehicle to which the arrangement relates has been returned to the owner, and that the expenses of the owner arising out of the hire or hire-purchase agreement have been recovered following the return of the vehicle.

PART VII — MISCELLANEOUS

Instruments of payment

47

• (1) Instruments of payment issued by the Secretary of State shall remain his property.

• (2) Any person having an instrument of payment shall, on ceasing to be entitled to the benefit to which the instrument relates, or when so required by the Secretary of State, deliver it to the Secretary of State or such other person as he may direct.

Revocations

48

The regulations specified in column (1) of Schedule 10 to these regulations are hereby revoked to the extent mentioned in column (2) of that Schedule, in exercise of the powers specified in column (3).

SCHEDULE 1

PART I — benefit claimed and other benefit which may be treated as if claimed in addition or in the alternative

In this Part of this Schedule–references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;“widow's benefit” means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.	In this Part of this Schedule–references to an increase of any benefit (other than an increase of disablement pension where constant attendance is needed) are to an increase of that benefit in respect of a child or adult dependant;“widow's benefit” means widow's benefit under Chapter I of Part II of the Social Security Act 1975 and benefit by virtue of section 39(4) of that Act corresponding to a widow's pension or a widowed mother's allowance.
Benefit Claimed	Alternative benefit
(1)	(2)
Incapacity benefit	Severe disablement allowance.
...	...
Severe disablement allowance	Incapacity benefit.
...	...
Incapacity benefit for a woman	Maternity allowance.
Severe disablement allowance for a woman	Maternity allowance.
Employment and support allowance for a woman	Maternity allowance.
Maternity allowance	Incapacity benefit, severe disablement allowance or employment and support allowance
A retirement pension of any category	Widow's benefit or bereavement benefit.
A retirement pension of any category	A retirement pension of any other category , a shared additional pension or graduated retirement benefit.
An increase of incapacity benefit.	An increase of severe disablement allowance.
Attendance allowance	An increase of disablement pension where constant attendance is needed.
An increase of disablement pension where constant attendance is needed	Attendance allowance or disability living allowance.
An increase of severe disablement allowance	An increase of incapacity benefit.
Income support	... ... or a carer’s allowance.
Widow’s benefit or bereavement benefit	A retirement pension of any category or graduated retirement benefit.
Disability living allowance	Attendance allowance or an increase of disablement pension where constant attendance is needed.
Attendance allowance or an increase of disablement pension where constant attendance is needed	Disability living allowance.
Disabled persons' tax credit	Working families' tax credit.
Working families' tax credit	Disabled persons' tax credit.
Bereavement benefit	Bereavement support payment
Bereavement support payment	Bereavement benefit
A state pension under any section of Part 1 of the Pensions Act 2014	A state pension under any other section of Part 1 of the Pensions Act 2014 or bereavement benefit
Bereavement benefit	A state pension under Part 1 of the Pensions Act 2014

PART II — interchange of claims for child benefit with claims for other benefits

• ...

• Guardian's allowance

• Maternity allowance claimed after confinement

• Increase for child dependant by virtue of sections 41, 49 and 64 of the Social Security Act 1975, or regulations made under section 39(4) of that Act.

SCHEDULE 2 — SPECIAL PROVISIONS RELATING TO CLAIMS FOR JOBSEEKER'S ALLOWANCE DURING PERIODS CONNECTED WITH PUBLIC HOLIDAYS

1

• (1) In this Schedule:–

• (a) “public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays; and “Christmas and New Year holidays” and “Good Friday and Easter Monday” shall be construed accordingly and shall in each case be treated as one period;

• (b) “office closure” means a period during which an office of the Department for Education and Employment or associated office is closed in connection with a public holiday;

• (c) in computing any period of time Sundays shall not be disregarded.

• (2) Where any claim for a jobseeker’s allowance is made during one of the periods set out in paragraph (3), the following provisions shall apply–

• (a) a claim for a jobseeker’s allowance may be treated by the Secretary of State as a claim for that benefit for a period, to be specified in his decision, not exceeding 35 days after the date of the claim where that claim is made during the period specified in sub-paragraph (a) of paragraph (3), or 21 days after the date of claim where the claim is made during the period specified in either sub-paragraph (b) or (c) of paragraph (3);

• (b) on any claim so treated, benefit may be awarded as if the provisions of paragraph (4) of regulation 17 applied.

• (3) For the purposes of paragraph (2) the periods are–

• (a) in the case of Christmas and New Year holidays, a period beginning with the start of the 35th day before the first day of office closure and ending at midnight between the last day of office closure and the following day;

• (b) in the case of Good Friday and Easter Monday, a period beginning with the start of the 16th day before the first day of the office closure and ending at midnight between the last day of office closure and the following day;

• (c) in the case of any other public holiday, a period beginning with the start of the 14th day before the first day of office closure and ending at midnight between the last day of office closure and the following day.

SCHEDULE 3 — DURATION OF DISALLOWANCE

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

SCHEDULE 4 — PRESCRIBED TIMES FOR CLAIMING BENEFIT

1

Jobseeker’s allowance.

1

The first day of the period in respect of which the claim is made.

2

Incapacity benefit or severe disablement allowance.

2

The day in respect of which the claim is made and the period of 3 months immediately following it.

3

Disablement benefit (not being an increase of benefit).

3

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.

4

Increase of disablement benefit under section 61 (constant attendance), or 63 (exceptionally severe disablement) of the Social Security Act 1975.

4

As regards any day on which apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period of 3 months immediately following it.

5

Reduced earnings allowance.

5

As regards any day on which apart from satisfying the conditions that there is an assessment of disablement of not less than one per cent. and the making of a claim, the claimant is entitled to the allowance, that day and the period of 3 months immediately following it.

6

Income support.

6

The first day of the period in respect of which the claim is made.

7

Working families' tax credit.

7

• (a) Where working families' tax credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award;

• (aa) Where disabled persons' tax credit has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award of disability working allowance;

• (b) subject to (a) and (aa) , the first day of the period in respect of which the claim is made.

• (c) where a claim for working families' tax credit is treated as if made for a period beginning with the relevant day by virtue of regulation 13 of these Regulations, the period beginning on 10th March 1992 and ending on 6th April 1992.

8

Social fund payment in respect of maternity expenses.

8

The period beginning 11 weeks before the first day of the expected week of confinement and ending 6 months after–

• (a) In a case where regulation 5(3)(a) of the Social Fund Maternity and Funeral Expenses (General) Regulations 2005 applies (“the 2005 Regulations”), the period beginning 11 weeks before the first day of the expected week of confinement and ending 6 months after the actual date of confinement.

• (b) In a case where regulation 5(3)(b) of the 2005 Regulations applies, the period beginning with the date on which the claimant becomes responsible for the child and ending 6 months after that date.

• (c) In a case where regulation 5(3)(c) of the 2005 Regulations applies, the period beginning with the date on which an order referred to in that sub-paragraph is made and ending 6 months after that date.

• (d) In a case where regulation 5(3)(d) of the 2005 Regulations applies, the period beginning with the date on which the guardianship takes effect and ending 6 months after that date.

• (e) In a case where regulation 5(3)(e) of the 2005 Regulations applies, the period beginning with the date on which the child is placed with the claimant or the claimant’s partner for adoption and ending 6 months after that date.

• (f) In a case where regulation 5(3)(f) of the 2005 Regulations applies, the period beginning with the date on which the adoption—

• (i) takes effect in respect of an adoption mentioned in section 66(1)(c) or (d), or

• (ii) is recognised under section 66(1)(e),

of the Adoption and Children Act 2002, and ending 6 months after that date.

9

Social fund payment in respect of funeral expenses.

9

The period beginning with the date of the death and ending 6 months after the date of the funeral

9A

...

9A

...

10

Increase of disablement benefit under section 60 of the Social Security Act 1975 on grounds of special hardship or section 62 of the Social Security Act 1975 on the grounds of receipt of hospital treatment.

10

As regards any day on which, apart from satisfying the conditions that there is a current award of disablement benefit and the making of a claim, the claimant is entitled to benefit, that day and the period 3 months immediately following it.

11

Disabled persons' tax credit .

11

• (a) Where disabled persons' tax credit has previously been claimed and awarded the period beginning 42 days before and ending 14 days after the last day of that award;

• (b) where working families' tax credit has previously been claimed and awarded the period beginning 28 days before and ending 14 days after the last day of that award of working families' tax credit;

• (d) where a claim for disabled persons' tax credit is made by virtue of regulation 13B(1), the period beginning on 10th March 1992 and ending on 6th April 1992.

12

...

12

...

13

Retirement pension of any category or state pension under Part 1 of the Pensions Act 2014.

13

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.

14

Graduated retirement benefit.

14

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to benefit, that day and the period of 12 months immediately following it.

15

Shared additional pension

15

As regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to the pension, that day and the period of 12 months immediately following it.

16

Employment and support allowance

16

The day in respect of which the claim is made and the period of three months immediately following it.

SCHEDULE 5 — MISCELLANEOUS PROVISIONS WHICH VARY THE PRESCRIBED TIMES UNDER SCHEDULE 4

Unemployment benefit

1

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

Sickness benefit etc claimed by hospital in-patient

2

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

SCHEDULE 6 — DAYS FOR PAYMENT OF LONG TERM BENEFITS

Attendance allowance and disability living allowance

1

Subject to the provisions of regulation 25 (payment of attendance allowance, constant attendance allowance and the care component of a disability living allowance at a daily rate) attendance allowance shall be payable on Mondays and disability living allowance shall be payable on Wednesdays, except that the Secretary of State may in any particular case arrange for either allowance to be payable on any other day of the week and where it is in payment to any person and the day on which it is payable is changed, it shall be paid at a daily rate of 1/7th of the weekly rate in respect of any of the days for which payment would have been made but for that change.

Guardian's allowance

2

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

Industrial injuries benefit

3

Any pension or allowance under Chapter IV or V of Part II of the Social Security Act 1975, including any increase, shall be payable on Wednesdays.

Carer’s allowance

4

Carer’s allowance shall be payable on Mondays, except that where a person is entitled to that allowance in respect of a severely disabled person by virtue of regulation 3 of the Social Security (Invalid Care Allowance) Regulations 1976 the carer’s allowance shall be payable on Wednesdays.

Retirement pension

5

Subject to regulation 22C, retirement pension shall be payable on Mondays, except that–

• (a) where a person became entitled to a retirement pension before 28th September 1984, that pension shall be payable on Thursdays;

• (b) where—

• (i) a woman was entitled to a widow’s benefit, or

• (ii) a man or a woman was entitled to a bereavement benefit,

immediately before becoming entitled to a retirement pension, that pension shall be payable on the day of the week which has become the appropriate day for payment of such benefit to him in accordance with paragraph 6;

• (c) where a woman becomes entitled to a retirement pension immediately following the payment to her husband of an increase of retirement pension in respect of her, the retirement pension to which she becomes entitled shall be payable on the same days as those upon which the retirement pension of her husband is payable;

• (d) the Secretary of State may, notwithstanding anything contained in the foregoing provisions of this paragraph, arrange for retirement pension to be payable on such other day of the week as he may where payment is by direct credit transfer, or in the circumstances of any particular case, determine;

• (e) where, in relation to any person, any particular day of the week has become the appropriate day of the week for the payment of retirement pension, that day shall thereafter remain the appropriate day in his case for such payment.

Shared additional pension

5A

Shared additional pension shall be payable on Mondays, except that—

• (a) where a retirement pension is payable to the claimant, it shall be payable on the same day as the retirement pension; or

• (b) the Secretary of State may, notwithstanding the provisions of sub-paragraph (a), arrange for a shared additional pension to be payable on such other day of the week as he may, in the circumstances of any particular case, determine.

Widowed mother's allowance and widow's pension

6

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

Mobility allowance

7

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

SCHEDULE 7 — TIME OF PAYMENT AND COMMENCEMENT OF ENTITLEMENT IN INCOME SUPPORT CASES

Manner of payment

1

Except as otherwise provided in these Regulations income support shall be paid in arrears in accordance with the award.

Time of payment

2

Income support shall be paid in advance where the claimant is–

• (a) in receipt of retirement pension; or

• (b) over pensionable age and not in receipt of ... incapacity benefit or severe disablement allowance and is not a person to whom section 126 of the Social Security Contributions and Benefits Act 1992 (trade disputes) applies unless he was in receipt of income support immediately before the trade dispute began; or

• (c) subject to paragraph 2ZA in receipt of widow's benefit or widowed parent’s allowance and is not ... providing or required to provide medical evidence of incapacity for work; or

• (d) a person to whom section 23(A) of the Social Security Act 1986 applies, but only for the period of 15 days mentioned in that subsection.

2ZA

Paragraph 2(c) shall only apply where a widow’s benefit or a widowed parent’s allowance is paid in advance.

2A

• (1) For the purposes of this paragraph–

• (a) “public holiday” means, as the case may be, Christmas Day, Good Friday or a Bank Holiday under the Banking and Financial Dealings Act 1971 or in Scotland local holidays, and

• (b) “office closure” means a period during which an office of the Department of Social Security or associated office or any office to which a claim may be made in accordance with regulation 4A(1) is closed in connection with a public holiday.

• (2) Where income support is normally paid in arrears and the day on which the benefit is payable by reason of paragraph 3 is affected by office closure it may for that benefit week be paid wholly in advance or partly in advance and partly in arrears and on such a day as the Secretary of State may direct.

• (3) Where under this paragraph income support is paid either in advance or partly in advance and partly in arrears it shall for any other purposes be treated as if it was paid in arrears.

3

• (1) Subject to sub–paragraph (1A) and to any direction given by the Secretary of State in accordance with sub-paragraph (2), income support in respect of any benefit week shall, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, be paid on the day and at the intervals appropriate to payment of that benefit.

• (1A) Subject to sub–paragraph (2), where income support is paid to a person on the grounds of incapacity for work, that entitlement commenced on or after 13th April 1995, and no relevant social security benefit is paid to that person, the income support shall be paid fortnightly in arrears.

• (2) The Secretary of State may direct that income support in respect of any benefit week shall be paid at such intervals and on such days as he may in any particular case or class of case determine.

3A

• (1) Income support for any part-week shall be paid in accordance with an award on such day as the Secretary of State may in any particular case direct.

• (2) In this paragraph, “part-week” has the same meaning as it has in Part VII of the Income Support (General) Regulations 1987.

4

In this Schedule –

• “benefit week” means, if the beneficiary is entitled to a relevant social security benefit or would be so entitled but for failure to satisfy the contribution conditions or had not exhausted his entitlement, the week corresponding to the week in respect of which that benefit is paid, and in any other case a period of 7 days beginning or ending with such day as the Secretary of State may direct; and

• “Income Support Regulations” means the Income Support (General) Regulations 1987

• “relevant social security benefit” means ... incapacity benefit, severe disablement allowance, retirement pension, widowed parent’s allowance or widow's benefit.

Payment of small amounts of income support

5

Where the amount of income support is less than £1.00 a week the Secretary of State may direct that it shall be paid at such intervals as may be specified not exceeding 13 weeks.

Commencement of entitlement to income support

6

• (1) Subject to sub-paragraphs (3) and (4), in a case where income support is payable in arrears entitlement shall commence on the date of claim.

• (2) Subject to sub-paragraphs (2A) and (3) , in a case where, under paragraph 2, income support is payable in advance entitlement shall commence on the date of claim if that day is a day for payment of income support as determined under paragraph 3 but otherwise on the first such day after the date of claim.

• (2A) Where income support is awarded under regulation 17(3) for a definite period which is not a benefit week or a multiple of such a week entitlement shall commence on the date of claim.

• (3) In a case where regulation 13 applies, entitlement shall commence on the day which is the relevant day for the purposes of that regulation except where income support is paid in advance, when entitlement shall commence on the relevant day, if that day is a day for payment as determined under paragraph 3 but otherwise on the first day for payment after the relevant day.

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

• (5) If a claim is made by a claimant within 3 days of the date on which he became resident in a resettlement place provided pursuant to section 30 of the Jobseekers Act or at a centre providing facilities for the rehabilitation of alcoholics or drug addicts, and the claimant is so resident for the purposes of that rehabilitation, then the claim shall be treated as having been made on the day the claimant became so resident.

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where, in consequence of a further claim for income support such as is mentioned in sub-paragraph 4(7) of Schedule 3 to the Income Support (General) Regulations 1987, a claimant is treated as occupying a dwelling as his home for a period before moving in, that further claim shall be treated as having been made on the date from which he is treated as so occupying the dwelling or the date of the claim made before he moved in to the dwelling and referred to in that sub-paragraph, whichever is the later.

Date from which superseding decision on ground of change of circumstances takes effect

7

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

SCHEDULE 8 — ELECTION TO HAVE CHILD BENEFIT PAID WEEKLY

1

A person to whom benefit is payable for an uninterrupted period beginning before and ending after 15th March 1982 may make an election, in accordance with paragraph 3, that benefit be payable weekly after that date, if either–

• (a) he makes the election before the end of the 26th week from the day on which benefit was payable for the first four weeks in respect of which the Secretary of State made arrangements for four-weekly payment to the person entitled in accordance with regulation 21 or regulation 23(1)(b); or

• (b) he was absent from Great Britain on the 15th March 1982 for one of the reasons specified in paragraph 4 and he makes the election before the end of the 26th week of the period beginning with the first week in respect of which benefit became payable to him in Great Britain on his return.

2

Subject to paragraph 5, a person entitled to benefit may make an election, in accordance with paragraph 3, that benefit be paid weekly if he satisfies either of the following conditions:

• (a) he is a lone parent within the meaning set out in regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations 1976 , or

• (b) he, or his spouse residing with him or the person with whom he is living as husband and wife, is receiving income support, an income-based jobseeker’s allowance, or payment in accordance with an award of family credit or disability working allowance which was awarded with effect from a date falling before 5th October 1999.

3

An election for benefit to be payable weekly under paragraphs 1 or 2 shall be effected by giving notice in writing to the Secretary of State delivered or sent to the appropriate office and shall be made when it is received.

4

An election may not be made under paragraph 1(b) unless the person's absence abroad on the 15th March 1982 was by reason of his being–

• (a) a serving member of the forces, as defined by regulation 1(2) of the Social Security (Contributions) Regulations 1979 , or

• (b) the spouse of such a member, or

• (c) a person living with such a member as husband and wife.

5

Every person making an election for benefit to be paid weekly under paragraph 2 shall furnish such certificates, documents and such other information of facts as the Secretary of State may, in his discretion, require, affecting his right to receive payment of benefit weekly and in particular shall notify the Secretary of State in writing of any change of circumstances which he might reasonably be expected to know might affect the right to receive payment of benefit weekly, as soon as reasonably practicable after the occurrence thereof.

6

Where a person makes an election, in accordance with this regulation, for benefit to be paid weekly, it shall continue to be so payable–

• (a) in the case of an election under paragraph 1, so long as that person remains continually entitled to benefit, or

• (b) in the case of an election under paragraph 2, so long as that person remains continually entitled to benefit and the conditions specified in that paragraph continue to be satisfied.

7

A person who has made an election that benefit be payable weekly may cancel it at any time by a notice in writing delivered or sent to the appropriate office; and effect shall be given to such a notice as soon as is convenient.

SCHEDULE 9 — DEDUCTIONS FROM BENEFIT AND DIRECT PAYMENT TO THIRD PARTIES

Interpretation

1

• (1) In this Schedule–

• “the Community Charges Regulations” means the Community Charges (Deductions from Income Support (No.2) Regulations 1990;

• “the Community Charges (Scotland) Regulations” means the Community Charges (Deductions from Income Support) (Scotland) Regulations 1989;

• “contribution-based jobseeker’s allowance” (except where used in sub-paragraph (2)(b)) means any contribution-based jobseeker’s allowance which does not fall within the definition of “specified benefit”;

• “contributory employment and support allowance” (except where used in sub-paragraph (3)(b)) means any contributory employment and support allowance which does not fall within the definition of “specified benefit”

• “the Council Tax Regulations” means the Council Tax (Deductions from Income Support) Regulations 1993;

• “family” in the case of a claimant who is not a member of a family means that claimant and for the purposes of state pension credit “a family” comprises the claimant, his partner, any additional partner to whom section 12(1)(c) of the 2002 Act applies and any person who has not attained the age of 19, is treated as a child for the purposes of section 142 of the Contributions and Benefits Act and lives with the claimant or the claimant’s partner;

• “the Fines Regulations” means the Fines (Deductions from Income Support) Regulations 1992.

• “5 per cent. of the personal allowance for a single claimant aged not less than 25” means where the percentage is not a multiple of 5 pence the sum obtained by rounding that 5 per cent. to the next higher such multiple;

• “hostel” means a building— in which there is provided for persons generally, or for a class of persons, accommodation, otherwise than in separate and self-contained premises, and either board or facilities of a kind set out in paragraph 4A(1)(d) below adequate to the needs of those persons and—which is—managed by or owned by a housing association registered with the Regulator of Social Housing or the Welsh Ministers; managed or owned by a registered social landlord which is registered in accordance with Part 2 of the Housing (Scotland) Act 2010; operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or a local authority; ormanaged by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community, andwhich is not—a care home;an independent hospital; oran establishment run by the Abbeyfield Society including all bodies corporate or incorporated which are affiliated to that Society, andin sub-paragraph (b)(iv) above, “voluntary organisation” shall mean a body the activities of which are carried out otherwise than for profit, but shall not include any public or local authority;

• “housing authority” means a local authority, a new town corporation, ... or the Development Board for Rural Wales;

• “the Housing Benefit Regulations” mean the Housing Benefit Regulations 2006;

• “the Housing Benefit (State Pension Credit) Regulations” mean the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006;

• “housing costs” means any housing costs met under—Schedule 3 to the Income Support Regulations but—excludes costs under paragraph 17(1)(f) of that Schedule (tents and tent sites); andincludes costs under paragraphs 17(1)(a) (ground rent ...) and 17(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 17(1)(b) of that Schedule (service charges); orSchedule 2 to the Jobseeker’s Allowance Regulations but—excludes costs under paragraph 16(1)(f) of that Schedule (tents and tent sites); andincludes costs under paragraphs 16(1)(a) (ground rent ... ) and 16(1)(c) (rentcharges) of that Schedule but only when they are paid with costs under paragraph 16(1)(b) of that Schedule (service charges); Schedule II to the State Pension Credit Regulations but—excludes costs under paragraph 13(1)(f) of that Schedule (tents and sites); andincludes costs under paragraphs 13(1)(a) (ground rent ... ) and 13(1)(c) (rent charges) of that Schedule but only when they are paid with costs under paragraph 13(1)(b) of that Schedule (service charges); or Schedule 6 to the Employment and Support Allowance Regulations but—excludes costs under paragraph 18(1)(f) of that Schedule (tents and tent sites); andincludes costs under paragraph 18(1)(a) (ground rent) and 18(1)(c) (rent charges) of that Schedule but only where they are paid with costs under paragraph 18(1)(b) of that Schedule (service charges);

• ...

• “the Income Support Regulations” means the Income Support (General) Regulations 1987 ;

• “integration loan which is recoverable by deductions” means an integration loan which is made under the Integration Loans for Refugees and Others Regulations 2007 and which is recoverable from the recipient by deductions from a specified benefit under regulation 9 of those Regulations

• “miscellaneous accommodation costs” has the meaning assigned by paragraph 4(1);

• “moratorium debt” has the same meaning as in regulation 6 of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020;

• ...

• “personal allowance for a single claimant aged not less than 25 years” means the amount specified in connection with income support and state pension credit in paragraph 1(1)(e) of column 2 of Schedule 2 to the Income Support Regulations or, in connection with jobseeker’s allowance, paragraph 1(1)(e) of Schedule 1 to the Jobseeker’s Allowance Regulations or, in connection with employment and support allowance, paragraph 1(1)(b) of Schedule 4 to the Employment and Support Allowance Regulations;

• ...

• “rent” has the meaning assigned to it in the Housing Benefit Regulations and, for the purposes of this Schedule–includes any water charges which are paid with or as part of the rent;where in a particular case a claimant's rent includes elements which would not otherwise fall to be treated as rent, references to rent shall include those elements; andreferences to “rent” include references to part only of the rent; and

• “specified benefit” means— income support or, where in respect of any period it is paid together with any incapacity benefit or severe disablement allowance— in a combined payment;in part to the beneficiary and in part to another person in accordance with regulation 34; orby means of two or more instruments of payment,income support and incapacity benefit or severe disablement allowance if the income support alone is insufficient for the purposes of this Schedule;... and subject to sub-paragraph (2), jobseeker’s allowance; state pension credit or, where in respect of any period it is paid together with any retirement pension, state pension under Part 1 of the Pensions Act 2014, incapacity benefit or severe disablement allowance— in a combined payment;in part to the beneficiary and in part to another person in accordance with regulation 34; orby means of two or more instruments of payment,state pension credit and retirement pension, state pension under Part 1 of the Pensions Act 2014, incapacity benefit or severe disablement allowance if the state pension credit alone is insufficient for the purposes of this Schedule; subject to sub-paragraph (3), employment and support allowance;...

• “water charges” means—as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991;as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002;

• “water undertaker” means a company which has been appointed under section 11(1) of the Water Act 1989 to be the water or sewerage undertaker for any area in England and Wales or in respect of any area in Scotland, Scottish Water.

• (2) For the purposes of the definition of “specified benefit” in sub-paragraph (1), “jobseeker’s allowance” means—

• (a) income-based jobseeker’s allowance; and

• (b) contribution-based jobseeker’s allowance where—

• (i) both income-based jobseeker’s allowance and contribution-based jobseeker’s allowance are in payment and the income-based jobseeker’s allowance alone is insufficient for the purposes of this Schedule; or

• (ii) if there was no entitlement to contribution-based jobseeker’s allowance, there would be entitlement to income-based jobseeker’s allowance at the same rate.

• (3) For the purposes of the definition of “specified benefit” in sub-paragraph (1) “employment and support allowance” means—

• (a) income-related employment and support allowance; and

• (b) contributory employment and support allowance where—

• (i) both income-related employment and support allowance and contributory employment and support allowance are in payment and the income-related employment and support allowance alone is insufficient for the purposes of this Schedule; or

• (ii) if there was no entitlement to a contributory employment and support allowance, there would be entitlement to income-related employment and support allowance at the same rate.

General

2

• (1) The specified benefit may be paid direct to a third party in accordance with the following provisions of this Schedule in discharge of a liability of the beneficiary or his partner to that third party in respect of–

• (a) housing costs;

• (b) miscellaneous accommodation costs;

• (bb) hostel payments;

• (c) service charges for fuel, and rent not falling within head (a) above;

• (d) fuel costs; ...

• (e) water charges ; and

• (f) payments in place of payments of child support maintenance under section 43(1) of the Child Support Act 1991 and regulation 28 of the Child Support (Maintenance Assessments and Special Cases) Regulations 1992.

• (2) No payment to a third party may be made under this Schedule unless the amount of the beneficiary's award of the specified benefit is not less than the total of the amount otherwise authorised to be so paid under this Schedule plus 10 pence.

• (3) A payment to be made to a third party under this Schedule shall be made, at such intervals as the Secretary of State may direct, on behalf of and in discharge (in whole or in part) of the obligation of the beneficiary or, as the case may be, of his partner, in respect of which the payment is made.

Housing costs

3

• (1) Subject to sub-paragraphs (4) to (6) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any item of housing costs which continues to be applicable to the beneficiary in the determination of his applicable amount or appropriate minimum guarantee, the Secretary of State may, if in his opinion it would be in the interests of the family to do so, determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following sub-paragraphs shall be paid in accordance with sub-paragraph 2(3).

• (2) Subject to sub-paragraphs (2A) and (3), the amount deductible shall be such weekly aggregate of the following as is appropriate:–

• (a) in respect of any debt to which sub-paragraph (1) applies, or where the debt owed is in respect of an amount which includes more than one item of housing costs, a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 ... for such period as it is necessary to discharge that debt, so however that in aggregate the weekly amount calculated under this sub-paragraph shall not exceed 3 times that 5 per cent.;

• (b) for each such debt–

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) for any housing item , the actual weekly cost necessary in respect of continuing needs for the relevant items,

and the Secretary of State may direct that, when the debt is discharged or is a moratorium debt, the amount determined under sub-paragraph (b) shall be the amount deductible.

• (2A) Where a payment falls to be made to a third party in accordance with this Schedule, and—

• (a) more than one item of housing costs falls to be taken into account in determining the beneficiary’s applicable amount or appropriate minimum guarantee; and

• (b) in accordance with ...paragraph 18 of Schedule 3 to the Income Support Regulations or, as the case may be, ... paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations or ... paragraph 14 of Schedule II to the State Pension Credit Regulations or ... paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations an amount is not allowed or a deduction falls to be made from the amount to be met by way of housing costs,

then in calculating the amount deductible, the weekly aggregate ascertained in accordance with sub-paragraph (2) shall be reduced by an amount determined by applying the formula—

$$C×BA$ where—Ahousing costs;Bthe item of housing costs which falls to be paid to a third party under this Schedule;Cthe sum which is not allowed or falls to be deducted in accordance with ... paragraph 18 of Schedule 3 to the Income Support Regulations or, as the case may be, paragraph 4(8) or (11) or paragraph 17 of Schedule 2 to the Jobseeker’s Allowance Regulations or paragraph 5(9) or (12) or paragraph 14 of Schedule II to the State Pension Credit Regulations or paragraph 6(10) or (13) or paragraph 19 of Schedule 6 to the Employment and Support Allowance Regulations.$

• (3) Where the aggregate amount calculated under sub-paragraph (2) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made that aggregate amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

• (4) Sub-paragraph (1) shall not apply to any debt which is for any item of housing costs and is less than half the annual amount due to be paid by the beneficiary or his partner in respect of that item, unless, in the opinion of the Secretary of State it is in the overriding interests of the family that paragraph (1) should apply.

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

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

Miscellaneous accommodation costs

4

• (1) Where an award of income support , jobseeker’s allowance , state pension credit or employment and support allowance—

• (a) in the case of income support is made to a person residing in a care home, an Abbeyfield Home or an independent hospital as defined in regulation 2(1) of the Income Support Regulations or, in the case of jobseeker’s allowance regulation 1(3) of the Jobseeker’s Allowance Regulations or in the case of employment and support allowance, regulation 2(1) of the Employment and Support Allowance Regulations, or

• (b) in the case of income support, jobseeker’s allowance or employment and support allowance, is made to person who is in accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 (provision by the Secretary of State of accommodation in camps); or

• (c) in the case of state pension credit, is made to a person residing in—

• (i) a care home as defined in regulation 1(2) of the State Pension Credit Regulations;

• (ii) an independent hospital as defined in regulation 1(2) of those Regulations;

• (iii) an establishment run by the Abbeyfield Society (including all bodies corporate or incorporate which are affiliated to the Society); or

• (iv) accommodation provided under section 3(1) of, and Part 2 of the Schedule to, the Polish Resettlement Act 1947 where the person requires personal care,

(or to a person who is only temporarily absent from such accommodation) the Secretary of State may determine that an amount of the specified benefit shall be paid direct to the person or body to whom the charges in respect of that accommodation are payable hereafter in this paragraph referred to as “miscellaneous accommodation costs, but, except in a case where accommodation is provided under section 3(1) of, and Part II of the Schedule to, the Polish Resettlement Act 1947 or where the accommodation is run by a voluntary organisation either for purposes similar to the purposes for which resettlement units are provided or which provides facilities for alcoholics or drug addicts, only if the Secretary of State is satisfied that the beneficiary has failed to budget for the charges and that it is in the interests of the family.

• (2) Subject to sub-paragraphs (3) and (3A), the amount of any payment of income support, jobseeker’s allowance, state pension credit or employment and support allowance to a third party determined under sub-paragraph (1) shall be—

• (a) in a case where the beneficiary is not in accommodation as specified in sub-paragraph (1)(c)(ii),

• (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

an amount equal to the award of income support, jobseeker’s allowance , guarantee credit or employment and support allowance payable to the claimant but excluding an amount, if any, which when added to any other income of the beneficiary as determined in accordance with regulation 28 of the Income Support Regulations, regulation 93 of the Jobseeker’s Allowance Regulations , regulation 90 of the Employment and Support Allowance Regulations or regulation 17 of the State Pension Credit Regulations will equal the amount prescribed in respect of personal expenses in sub-paragraph (2A); and

• (b) in any other case, the amount of the award of income support, jobseeker’s allowance , guarantee credit or employment and support allowance, excluding the amount allowed by sub-paragraph (2A) in respect of personal expenses.

• (2A) The amount in respect of personal expenses where a beneficiary is in accommodation referred to in paragraphs 4(1)(a) , (b) or (c) shall be—

• (a) for a single person the sum of £33.55;

• (b) for a couple where both members of the couple are in such accommodation, £33.55 or each member;

• (c) for a member of a polygamous marriage where more than one member is in such accommodation, £33.55 for each member in such accommodation.

• (3) This sub-paragraph shall apply where an award is made of—

• (a) income support calculated in accordance with Part VII of the Income Support Regulations (calculation of income support for part-weeks); or

• (b) jobseeker’s allowance calculated in accordance with Part XI of the Jobseeker’s Allowance Regulations (part-weeks); ...

• (c) state pension credit for a period of less than a week calculated under regulation 13A of the State Pension Credit Regulations (part-weeks), or a part week payment of state pension credit calculated otherwise; or

• (d) employment and support allowance for a period of less than a week calculated in accordance with Part 14 of the Employment and Support Allowance Regulations (periods of less than a week).

• (3A) Where sub-paragraph (3) applies then the amount of any payment to a third party determined under sub-paragraph (1) shall be an amount calculated in accordance with sub-paragraph (2)(a) or (b) as appropriate except that in respect of—

• (a) the income of the beneficiary, if any; and

• (b) the amount allowed for personal expenses by sub-paragraph (2A) above,

the amount shall be the amount used in the calculation under the provisions listed in sub-paragraph (3)(a), (b) or (c), divided by 7 and multiplied by the number of days in the part-week and no payment shall be made to a third party where the Secretary of State certifies it would be impracticable to do so in that particular case.

• (4) Where the amount calculated under sub-paragraphs (2) or (3A) is such that paragraph 2(2) would operate to prevent any payment under this paragraph being made the amount shall be adjusted so that 10 pence of the award is payable to the beneficiary.

Hostel payments

4A

• (1) This paragraph applies to a beneficiary if—

• (a) the beneficiary has been awarded specified benefit; and

• (b) either the beneficiary or the beneficiary’s partner—

• (i) is resident in a hostel and has claimed housing benefit in the form of a rent rebate or rent allowance; or

• (ii) is resident in approved premises under section 13 of the Offender Management Act 2007; and

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) the charge for the hostel or approved premises, as the case may be, includes a payment, whether direct or indirect, for one or more of the following services—

• (i) water;

• (ii) a service charge for fuel;

• (iii) meals;

• (iv) laundry;

• (v) cleaning (other than communal areas).

• (2) Subject to sub-paragraph (3) below, where a beneficiary ... has been awarded specified benefit the Secretary of State may determine that an amount of specified benefit shall be paid to the person or body to whom the charges referred to in sub-paragraph (1)(d) above are or would be payable.

• (3) The amount of any payment to a third party under this paragraph shall be either—

• (a) the aggregate of the amounts determined by a housing authority in accordance with the provisions specified in sub-paragraph (4); or

• (b) if no amount has been determined under paragraph (a) of this subparagraph, an amount which the Secretary of State estimates to be the amount which is likely to be so determined.

• (4) The provisions referred to in sub-paragraph (3)(a) above are regulation 12B(5) of, and paragraphs 1(a)(ii) and (iv), 2, 3, 4 and either 6(1)(b) or 6(2) or 6(3) or 6(4) of Schedule 1 to, the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations.

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

• (6) Where—

• (a) an award of income support is calculated in accordance with regulation 73(1) of the Income Support Regulations (calculation of income support for part-weeks); ...

• (b) an award of jobseeker’s allowance is calculated in accordance with regulation 150(1) of the Jobseeker’s Allowance Regulations (amount of a jobseeker’s allowance payable), or

• (c) an award of employment and support allowance is calculated in accordance with regulation 165 of the Employment and Support Allowance Regulations (entitlement of less than a week etc.),

the amount of any payment of income support or, as the case may be, jobseeker’s allowance or employment and support allowance payable to a third party determined under sub-paragraph (2) above shall be an amount calculated in accordance with sub-paragraph (3)(a) or (b) above divided by 7 and multiplied by the number of days in the part-week, and no payment shall be made to a third party under this sub-paragraph where the Secretary of State certifies that it would be impracticable to do so in that particular case.

Service charges for fuel, and rent not falling within paragraph 2(1)(a)

5

• (1) Subject to paragraph 8, this paragraph applies to a beneficiary if–

• (a) he has been awarded the specified benefit; and

• (b) he or his partner is entitled to housing benefit in the form of a rent rebate or rent allowance or is resident in approved premises under section 13 of the Offender Management Act 2007; and

• (c) unless sub-paragraph (1A) applies, he or his partner has arrears of rent which equal or exceed four times the full weekly rent payable and–

• (i) there are arrears of rent in respect of at least 8 weeks and the landlord has requested the Secretary of State to make payments in accordance with this paragraph; or

• (ii) there are arrears of rent in respect of less than 8 weeks and in the opinion of the Secretary of State it is in the overriding interests of the family that payments shall be made in accordance with this paragraph.

• (1A) This sub-paragraph applies where the rent includes charges for services included under paragraph 4A(1)(d) and the arrears for these services exceed £100.00.

• (1B) For the purposes of sub-paragraphs (1) and (1A), references to “rent” include charges incurred in respect of accommodation in approved premises under section 13 of the Offender Management Act 2007.

• (2) For the purposes of sub-paragraph (1) arrears of rent do not include any amount which falls to be deducted under regulation 74 of the Housing Benefit Regulations (non-dependant deductions) or, as the case may be, regulation 55 of the Housing Benefit (State Pension Credit) Regulations (non-dependant deductions)when assessing a person’s housing benefit.

• (3) The Secretary of State shall determine that a weekly amount of the specified benefit awarded to the beneficiary shall be paid to his or his partner's landlord if–

• (a) he or his partner is entitled to housing benefit and in calculating that benefit a deduction is made under regulation 12B(2) of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations in respect of either or both of water charges or service charges for fuel; and

• (b) the amount of the beneficiary's award is not less than the amount of the deduction,

and the amount to be so paid shall be equal to the amount of the deduction.

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

• (5) A determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraphs (3) and (6) exceeds a sum calculated in accordance with paragraph 8(4);

• (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) In a case to which sub-paragraph (1) or (1A) applies the Secretary of State may determine that a weekly amount of the specified benefit awarded to that beneficiary equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 ... shall be paid to his landlord, or the person or body to whom charges are payable in respect of the residence of the beneficiary or the beneficiary's partner in approved premises under section 13 of the Offender Management Act 2007, until the debt is discharged.

• (7) Immediately after the discharge of any arrears of rent to which sub-paragraph (1) or (1A) applies and in respect of which a determination has been made under sub-paragraph (6) the Secretary of State may, if satisfied that it would be in the interests of the family to do so, direct that an amount, equal to the amount by which the eligible rent is to be reduced by virtue of regulation 12B(2) of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations in respect of charges for water or service charges for fuel or both, shall be deductible.

Fuel costs

6

• (1) Subject to sub-paragraphs (3A), (6) and (6A) and paragraph 8, where a beneficiary who has been awarded the specified benefit or his partner is in debt for any fuel item to an amount not less than the rate of personal allowance for a single claimant aged not less than 25 and continues to require the fuel in respect of which the debt arose (“the relevant fuel”), the Secretary of State, if in its opinion it would be in the interests of the family to do so, may determine that the amount of the award of the specified benefit (“the amount deductible”) calculated in accordance with the following paragraphs shall be paid to the person or body to whom payment is due in accordance with paragraph 2(3).

• (2) The amount deductible shall, in respect of any fuel item, be such weekly aggregate of the following as is appropriate:–

• (a) in respect of each debt to which sub-paragraph (1) applies (“the original debt”), a weekly amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 for such period as is necessary to discharge the original debt, but the aggregate of the amounts, calculated under this paragraph shall not exceed twice 5 per cent. of the personal allowance for a single claimant aged not less than 25;

• (b) except where current consumption is paid for by other means (for example pre-payment meter), an amount not more than the estimated average weekly cost necessary to meet the continuing needs for the relevant fuel, varied, when appropriate, in accordance with sub-paragraph (4)(a), plus such weekly amount as is required to meet any payments required to be made under a green deal plan within the meaning of section 1 of the Energy Act 2011 (“the 2011 Act).

• (3A) The Secretary of State may only include an amount under sub-paragraph (2)(b) in the amount deductible if—

• (a) an application for a determination under sub-paragraphs (1) or (4)(a) is made by the person or body to whom payment is due; and

• (b) except where the application is for a reduction in the amount deductible, the beneficiary consents to the application.

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

• (4) Where an amount is being paid direct to a person or body on behalf of the beneficiary or his partner in accordance with a determination under sub-paragraph (1) and a decision which embodies that determination falls to be superseded–

• (a) where since the date of that determination the average weekly cost estimated for the purpose of sub-paragraph (2)(b) has either exceeded or has proved insufficient to meet the actual cost of continuing consumption so that in respect of the continuing needs for the relevant fuel the beneficiary or his partner is in credit or, as the case may be, a further debt has accrued, the Secretary of State may determine that the weekly amount calculated under that paragraph shall, for a period of 26 weeks or such longer period as may be reasonable in the circumstances of the case, be adjusted so as to take account of that credit or further debt;

• (b) where an original debt in respect of any fuel item has been discharged or is a moratorium debt the Secretary of State may determine that the amount deductible in respect of that fuel item shall be the amount determined under sub-paragraph (2)(b).

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

• (6) Subject to paragraph 8, a determination under this paragraph shall not be made without the consent of the beneficiary if the aggregate amount calculated in accordance with sub-paragraph (2) exceeds a sum calculated in accordance with paragraph 8(4);

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

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

• (8) In this paragraph, “fuel item” means—

• (a) any charge for mains gas, including for the reconnection of mains gas; and

• (b) any charge for mains electricity, including any charge for the disconnection or reconnection of mains electricity and including any payments required to be made under a green deal plan within the meaning of section 1 of the 2011 Act.

Water charges

7

• (1) This paragraph does not apply where water charges are paid with rent; and in this paragraph “original debt” means the debt to which sub-paragraph (2) applies, including any disconnection or reconnection charges and any other costs (including legal costs) arising out of that debt.

• (2) Where a beneficiary or his partner is liable, whether directly or indirectly, for water charges and is in debt for those charges, the Secretary of State may determine, subject to paragraph 8, that a weekly amount of the specified benefit shall be paid either to a water undertaker to whom that debt is owed, or to the person or body authorised to collect water charges for that undertaker, but only if the Secretary of State is satisfied that the beneficiary or his partner has failed to budget for those charges, and that it would be in the interests of the family to make the determination.

• (3) Where water charges are determined by means of a water meter, the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

• (a) in respect of the original debt, an amount equal to 5 per cent. of the personal allowance for a single claimant aged not less than 25 years; and

• (b) the amount which the Secretary of State estimates to be the average weekly cost necessary to meet the continuing need for water consumption.

• (4) Where the sum estimated in accordance with sub-paragraph (3)(b) proves to be greater or less than the average weekly cost necessary to meet the continuing need for water consumption so that a beneficiary or his partner accrues a credit, or as the case may be a further debt, the Secretary of State may determine that the sum so estimated shall be adjusted for a period of 26 weeks or such longer period as may be reasonable in the circumstances of the case to take account of that credit or further debt.

• (5) Where water charges are determined other than by means of a water meter the weekly amount to be paid under sub-paragraph (2) shall be the aggregate of—

• (a) the amount referred to in sub-paragraph (3)(a); and

• (b) an amount equal to the weekly cost necessary to meet the continuing need for water consumption.

• (6) When the original debt in respect of water charges is discharged or is a moratorium debt, the Secretary of State may direct that the amount deductible shall be—

• (a) where water charges are determined by means of a water meter, the amount determined under sub-paragraph (3)(b) taking into account any adjustment that may have been made in accordance with sub-paragraph (4); and

• (b) in any other case, the amount determined under sub-paragraph (5)(b).