Legalize / United Kingdom / Statutory-Instrument

The Housing Benefit (General) Regulations 1987

Type Statutory-Instrument

Publication 1987-11-20

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(1) Where the claimant’s capital calculated in accordance with this Part exceeds £3,000 it shall be treated as equivalent to a weekly tariff income of £1 for each complete £250 in excess of £3,000 but not exceeding £6,000.

(2) Notwithstanding paragraph (1) where any part of the excess is not a complete £250 that part shall be treated as equivalent to a weekly tariff income of £1.

(3) For the purposes of paragraph (1), capital includes any income treated as capital under regulations 27(2) and 40 (charitable or voluntary payments and income treated as capital).

PART VII — STUDENTS

CHAPTER I — general

Interpretation

46

In this Part, unless the context otherwise requires: –

“contribution” means any contribution in respect of the income of any other person which a Minister of the Crown or an education authority takes into account in assessing the amount of the student’s grant and by which that amount is, as a consequence, reduced;

“course of study” means any full-time or part-time course of study or sandwich course whether or not a grant is made for attending it;

“covenant income” means the gross income payable to a full-time student under a Deed of Covenant by his parent including any sum deducted from the gross amount for tax;

“education authority” means a government department, a local education authority as defined in section 114(1) of the Education Act 1944[^f00066] (interpretation), an education authority as defined in section 135(1) of the Education (Scotland) Act[^f00067] (interpretation), an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986[^f00068], any body which is a research council for the purposes of the Science and Technology Act 1965[^f00069] or any analogous government department, authority, board or body, of the Channel Islands, Isle of Man or any other country outside Great Britain;

“full-time student” includes a student on a sandwich course;

“grant” means any kind of educational grant or award and includes any scholarship, studentship, exhibition, allowance or bursary;

“grant income” means– any income by way of a grant; any contribution whether or not it is paid;

“period of study” means– in the case of a course of study for one year or less, the period beginning with the start of the course to the end, in the case of a course of study for more than one year, in the first or, as the case may be, any subsequent year of the course, the period beginning with the start of the course or, as the case may be, that year’s start and ending with either– in a case where the student’s grant is assessed at a rate appropriate to his studying throughout the year, or, if he does not have a grant, where it would have been assessed at such a rate had he had one, the day before the start of the next year of the course, or in any other case, the day before the start of the recognised summer vacation appropriate to his course;

“periods of experience” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1987[^f00070];

“sandwich course” has the meaning prescribed in paragraph 1(1) of Schedule 5 to the Education (Mandatory Awards) Regulations 1987;

“standard maintenance grant” means– in the case of a student attending a course of study at the University of London or an establishment within the area comprising the City of London and the Metropolitan Police District, the amount specified for the time being in paragraph 2(2)(a) of Schedule 2 to the Education (Mandatory Awards) Regulations 1987 for such a student; and in any other case, the amount specified in paragraph 2(2) other than in sub-paragraph (a) or (b) thereof;

“student” means a person who is attending a course of study at an educational establishment; and a person who has started on such a course shall be treated as attending it throughout any period of term or vacation within it, until the end of the course or such earlier date as he abandons it or is dismissed from it.

Treatment of students

47

The provisions of Parts II, III and IV (entitlement to housing benefit, payments in respect of a dwelling, membership of a family) shall have effect in relation to students subject to the following provisions of this Part.

CHAPTER II — entitlement and payments in respect of a dwelling

Occupying a dwelling as a person’s home

48

(1) Subject to paragraph (2), a full-time student shall not be treated as occupying a dwelling as his home during any benefit week outside the period of study if he is absent from it for the whole of that week and if the main purpose of his occupation during the period of study would be to facilitate attendance on his course.

(2) The provisions of paragraph (1) shall not apply to any absence occasioned by the need to enter hospital for treatment.

Circumstances in which certain students are to be treated as not liable to make payments in respect of a dwelling

49

(1) Except in the case of a student who is a person on income support, a student with limited leave or without leave to enter or remain in the United Kingdom shall, for the purposes of these Regulations, be treated as if he were not liable to make payments in respect of a dwelling.

(2) For the purpose of paragraph (1) “student with limited leave or without leave to enter or remain in the United Kingdom” means a person who is present in the United Kingdom for the purpose of attending a course of education, whether or not he is for the time being engaged in a programme of studies, and who–

(a) is a person other than a national of a member State or a person to whom the European Convention on Social and Medical Assistance done in Paris on 11th December 1953[^f00071] applies, who has a limited leave (as defined in section 33(1) of the Immigration Act 1971[^f00072]) to enter or remain in the United Kingdom which has been given in accordance with any provision of immigration rules (as defined in section 33(1) of that Act) which refers to there being, or to there needing to be, no recourse to public funds, or to there being no charge on public funds, during that limited leave; or

(b) having a limited leave (as defined in section 33(1) of the Immigration Act 1971) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; or

(c) is the subject of a deportation order, that is to say an order within section 5(1) of the Immigration Act 1971 (procedure relating to deportation) requiring him to leave and prohibiting him from entering the United Kingdom; or

(d) is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the Immigration Act 1971) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom.

Eligible housing costs

50

(1) Subject to paragraphs (2) and (3), housing benefit shall not be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending.

(2) Where the educational establishment itself pays rent for the dwelling occupied by the student as his home to a third party (other than to another educational establishment) the provisions of paragraph (1) shall only apply if rent is payable under the terms of a long tenancy or to an education authority which has provided the dwelling in exercise of its functions as an education authority.

(3) Where it appears to the appropriate authority that an educational establishment has arranged for accommodation to be provided by a person or body other than itself in order to take advantage of the housing benefit scheme, housing benefit shall not be payable during the period of study in respect of payments made to that person or body by a student.

Eligible rent

51

(1) In the case of a full-time student, for the purpose of calculating his eligible rent during the period of study, the amount of rent he is liable to pay shall be reduced (in addition to any other deductions which may be appropriate) by the following weekly amounts–

(a) in the case of a full-time student attending a course at the University of London or at an establishment within the area comprising the City of London and the Metropolitan Police District, £17.80; and

(b) in the case of any other full-time student, £13.60.

(2) Paragraph (1) shall not apply to a student–

(a) who is a person on income support; or

(b) who is receiving an allowance payable by or on behalf of the Manpower Services Commission to a person for his maintenance or in respect of any child or young person; or

(c) whose income is less than the aggregate of his applicable amount and the amount of the deduction under paragraph (1) which would otherwise be applicable and either–

(i) his applicable amount includes the lone parent premium or the disability premium, or

(ii) he has a partner who is not also a full-time student; or

(d) who is a student on a sandwich course during one of his periods of experience.

Student partners

52

Where a claimant is not, but his partner is, a student, the provisions of regulations 50 and 51 (eligible housing costs and eligible rent) shall apply as if the claimant were a student.

CHAPTER III — income

Calculation of grant income

53

(1) The amount of a student’s grant income to be taken into account shall, subject to paragraph (2), be the whole of his grant income.

(2) There shall be excluded from a student’s grant income any payment–

(a) intended to meet tuition fees or examination fees;

(b) intended to meet the cost of special equipment for a student on a course which began before 1st September 1986 in architecture, art and design, home economics, landscape architecture, medicine, music, ophthalmic optics, orthoptics, physical education, physiotherapy, radiography, occupational therapy, dental hygiene, dental therapy, remedial gymnastics, town and country planning and veterinary science or medicine;

(d) intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

(e) on account of the student maintaining a home at a place other than that at which he resides during his course;

(f) on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

(g) intended to meet the cost of books and equipment (other than special equipment) or, in the case of a full-time student, if not so intended an amount equal to £210 towards such costs;

(h) intended to meet travel expenses incurred as a result of his attendance on the course.

(3) A student’s grant income shall be apportioned–

(a) subject to paragraph (4), in a case where it is attributable to the period of study, equally between the weeks in that period,

(b) in any other case, equally between the weeks in the period in respect of which it is payable.

(4) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student’s grant income shall be apportioned equally between the remaining weeks in that period.

Calculation of covenant income where a contribution is assessed

54

(1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of the covenant income less, subject to paragraph (3), the amount of the contribution and the amount deducted by way of tax in respect of that income.

(2) The weekly amount of the student’s covenant income shall be determined–

(a) by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or 53, whichever is reasonable in the circumstances; and

(b) by disregarding from the resulting amount, £5.

(3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount (if any) by which the amount excluded under regulation 53(2)(h) (calculation of grant income) falls short of the amount included in the standard maintenance grant to meet travel expenses.

Covenant income where no grant income or no contribution is assessed

55

(1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows–

(a) any sums intended for any expenditure specified in regulation 53(2)(a) to (f) (calculation of grant income) necessary as a result of his attendance on the course shall be disregarded;

(b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study;

(c) there shall be disregarded from the amount so apportioned the amount which would have been disregarded under regulation 53(2)(g) and (h) (calculation of grant income) had the student been in receipt of the standard maintenance grant;

(d) there shall be deducted from any amount in excess of the sums in sub-paragraphs (a) and (b) the amount deducted by way of tax in respect of the covenanted income; and

(e) the balance, if any, shall be divided by 52 or 53 whichever is reasonable in the circumstances and treated as weekly income of which £5 shall be disregarded.

(2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenanted income shall be calculated in accordance with sub-paragraphs (a) to (e) of paragraph (1), except that–

(a) the value of the standard maintenance grant shall be abated by the amount of such grant income less an amount equal to the amount of any sums disregarded under regulation 53(2)(a) to (f); and

(b) the amount to be disregarded under paragraph (1)(c) shall be abated by an amount equal to the amount of any sums disregarded under regulation 53(2)(g) and (h).

Relationship with amounts to be disregarded under Schedule 4

56

No part of a student’s covenant income or grant income shall be disregarded under paragraph 13 of Schedule 4 and any other income shall be disregarded thereunder only if, and to the extent that, the amount disregarded under regulation 54(2)(b) (calculation of covenant income where a contribution is assessed) or, as the case may be, 55(1)(e) (covenant income where no grant income or no contribution is assessed) is less than £5.

Other amounts to be disregarded

57

For the purposes of ascertaining income other than grant income and covenant income, any amounts intended for any expenditure specified in regulation 53(2) (calculation of grant income), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 53(2), 54(3) or 55(1)(a) or (c) (calculation of grant and covenant income) on like expenditure.

Disregard of contribution and rent

58

(1) Where the claimant or his partner is a student and the income of one is taken into account for the purposes of assessing a contribution to the student’s grant, an amount equal to the contribution shall be disregarded for the purposes of calculating the income of the one liable to make that contribution.

(2) In ascertaining the weekly income of a student during the period of study there shall be disregarded an amount equal to the amount by which his rent is reduced under regulation 51(1) (eligible rent) or if he has no income or his income is less than the amount to be so disregarded a deduction shall be made from the income of his partner (if any) but only to the extent of the difference.

Income treated as capital

59

Any amount by way of a refund of tax deducted from a student’s covenant income shall be treated as capital.

Disregard of changes occurring during summer vacation

60

In calculating a student’s income the appropriate authority shall disregard any change in the standard maintenance grant, occurring in the recognised summer vacation appropriate to the student’s course, if that vacation does not form part of his period of study from the date on which the change occurred to the end of that vacation.

PART VIII — AMOUNT OF BENEFIT

Maximum housing benefit

61

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

(a) 100% of his eligible rent calculated on a weekly basis in accordance with regulations 69 and 70 (calculation of weekly amounts and rent or rate-free periods); and

(b) 80% 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 63 (non-dependant deductions).

Housing Benefit tapers

62

The prescribed percentages for the purpose of sub-section (5) of section 21 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%; and

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

Non-dependant deductions

63

(1) Subject to the following provisions of this regulation, the deductions referred to in regulation 61 (maximum housing benefit) shall be–

(a) in respect of a non-dependant aged 18 or over who is in remunerative work or who is a boarder–

(i) in calculating the amount of a rent rebate or allowance, £8.20 per week;

(ii) in calculating the amount of a rate rebate, £3.00 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, £3.45 per week;

(ii) in calculating the amount of a rate rebate, £3.00 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 less than £49.20, the deductions to be made under this regulation shall be the deductions specified in paragraph (1)(b).

(3) Only one deduction shall be made under this regulation in respect of a married or unmarried couple or, as the case may be, members of a polygamous marriage and, where a different amount or no amount would, but for this paragraph, fall to be deducted in respect of the members of the couple or polygamous marriage as individuals, the higher deduction shall be made.

(4) In applying the provisions of paragraph (2) in the case of a married or unmarried 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 married or unmarried 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 12 of Schedule 2 (additional condition of the higher pensioner and disability premiums); or

(b) receiving attendance allowance.

(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; or

(b) he is in receipt of a training allowance paid in connection with a Youth Training Scheme established under section 2 of the Employment and Training Act 1973[^f00073] and is not a boarder; or

(8) Except in the case of a boarder aged 18 or over, no deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a single non-dependant aged less than 25 who is on income support.

Minimum housing benefit

64

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

(2) 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 IX — CALCULATION OF WEEKLY AMOUNTS AND CHANGES OF CIRCUMSTANCES

Date on which entitlement is to commence

65

(1) Subject to regulations 72(12) to (14) (renewal claims) and paragraph (2), a person who makes a claim and is otherwise entitled to housing benefit shall be entitled to that benefit from the benefit week following the date on which his claim is or is treated as made.

(2) Where a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made, he shall be so entitled from that benefit week.

Benefit period

66

(1) Where a person is entitled to housing benefit the appropriate authority shall make an award for a specified period (“the benefit period”) commencing with–

(a) the first benefit week in respect of which he is so entitled; or if later

(b) the benefit week in which the claim is received at the designated office.

(2) The benefit period shall be such number of benefit weeks as the appropriate authority shall determine having regard in particular to any relevant circumstances which the appropriate authority reasonably expects may affect entitlement in the future.

(3) Subject to paragraph (4), the benefit period shall not exceed 60 benefit weeks.

(4) Where a claimant either is on income support or, although not in receipt thereof, has included in the calculation of his applicable amount the disability premium, the severe disability premium or the higher pensioner premium, and a claim for a further award of housing benefit has not been made by the last benefit week of his benefit period, the appropriate authority may extend the current benefit period by not more than 4 benefit weeks.

Date on which benefit period is to end

67

The benefit period shall end with the last day of the final week of that period, determined by the appropriate authority in accordance with regulation 66(2) to (4) (benefit period) unless–

(a) the claimant is a person on income support and he ceases to be so entitled, or

(b) the appropriate authority determines that some other change of circumstances has occurred which should result in the benefit period ending with an earlier week,

when the benefit period shall end with the last day of the final benefit week for which he is entitled to housing benefit.

Date on which change of circumstances is to take effect

68

(1) Except in cases where either regulation 8(3) (eligible housing costs) or regulation 26 (disregard of changes in tax, contributions, etc) applies and subject to paragraphs (2) to (4) and to regulation 69(7), 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[^f00074], the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(2) Where the change of circumstances is a change in the amount of rent or rates payable, it shall take effect from the first day of the benefit week in which it actually occurs or, in a case to which regulation 69(2)(b) or 69(3)(b) applies (calculation of daily amounts), from the day on which it actually occurs.

(3) Where the change of circumstances is an amendment to these Regulations, it shall, subject to regulation 69(7), take effect from the date on which the amendment to these Regulations comes into force.

(4) If two 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 paragraphs (1) to (3), they shall take effect from the first day of the benefit week in which they occur unless one of the changes is a change in the amount of rent or rates payable in a case to which regulation 69(2)(b) or 69(3)(b) applies, in which case they shall take effect from the day on which that change actually occurs.

Calculation of weekly amounts

69

(1) A person’s entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.

(2) The weekly amount of a claimant’s eligible rent shall be–

(a) subject to paragraph (4), where rent is payable at intervals of one week or a multiple thereof, the amount of eligible rent payable weekly or, where it is payable at intervals of a multiple of a week, the amount determined by dividing the amount of eligible rent payable by the number equal to the number of weeks in respect of which it is payable; or

(b) subject to paragraph (5), where rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, the amount determined by dividing an amount of that eligible rent by the number equal to the number of days in the period in respect of which it is payable and multiplying the quotient so obtained (referred to in paragraph (5) as the “daily rent”) by 7;

(3) The weekly amount of a claimant’s eligible rates shall be–

(a) where payments by way of rates are made together with payments of rent, the amount calculated as if those payments were rent under paragraph (2);

(b) subject to paragraph (5), in any other case, the amount determined by dividing an amount of those eligible rates by the number equal to the number of days in the period in respect of which it is payable and multiplying the quotient so obtained (referred to in paragraph (5) as the “daily rate”) by 7.

(4) In the case of a claimant whose weekly amount of eligible rent or rates falls to be calculated in accordance with paragraph (2)(a)–

(a) in a case to which regulation 65(2) applies (date on which entitlement is to commence), his eligible rent or rates for the benefit week in which he becomes liable to make payments in respect of the dwelling which he occupies as his home shall be calculated by reference to the amount of eligible rent or rates payable in respect of a week, whether or not his liability to make those payments relates to the whole of that benefit week;

(b) where the amount which the claimant is liable to pay is altered during a benefit week his eligible rent or rates for that benefit week shall be calculated by reference to the new amount of eligible rent or rates so payable;

(c) where the claimant ceases to occupy as his home the dwelling in respect of which he is entitled to housing benefit, his eligible rent or rates for the benefit week in which he ceases to be liable to make payments in respect of the dwelling which he occupies as his home shall be nil, unless he is liable to make payments in respect of that dwelling for the whole of that benefit week.

(5) In the case of a claimant whose weekly eligible rent or rates falls to be calculated in accordance with paragraph (2)(b) or (3)(b)–

(a) in a case to which regulation 65(2) (date on which entitlement is to commence) applies, his eligible rent or rates for the benefit week in which he becomes liable to make payments in respect of the dwelling which he occupies as his home shall be calculated by multiplying his daily rent or daily rate by the number equal to the number of days in that benefit week for which he is liable to make such payments;

(b) where the amount of eligible rent or rates which the claimant is liable to pay is altered during a benefit week, his eligible rent or rates for that week shall be calculated by multiplying his old and new daily rent or daily rate by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay;

(c) where the claimant ceases to occupy as his home the dwelling in respect of which he is entitled to housing benefit, his eligible rent or rates for the week in which he ceases to be so liable shall be calculated by multiplying his daily rent or rate by the number equal to the number of days in that week for which he is liable to make such payments.

(6) In the case of a claimant whose weekly eligible rent or rates falls to be calculated in accordance with paragraph (5)(a) or (c) by reference to the daily rent or rates in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent or rates by reference to the amounts determined in his case in accordance with Parts V to VIII (applicable amounts, income and capital, students and amount of benefit).

(7) Where a change in the amount of a claimant’s applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent or rates to which paragraph (5)(b) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent or rates.

(8) The appropriate authority may, if a claimant’s circumstances are exceptional, increase the weekly amount of any housing benefit to be paid in his case, but only where such an increase is in respect of costs which are eligible housing costs under Part III.

(9) Any amount determined under these Regulations may, if it is appropriate, be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.

Rent and rate free periods

70

(1) This regulation applies to a claimant for any period (referred to in this regulation as a rent-free period) in respect of which he is not liable to pay rent or to make a payment by way of rates made together with rent except for any period–

(a) for which a rating authority has, exceptionally, failed to set a rate; or

(b) to which regulation 6(1)(d) (waiver of rent by landlord in return for work done) applies.

(2) In the case of the beginning or ending of a claimant’s benefit period–

(a) where regulation 69(2)(a) (calculation of weekly amounts) applies

(i) his eligible rent for the benefit week in which that period begins shall be nil, and

(ii) his eligible rent for the benefit week in which that period ends shall be his weekly eligible rent determined in accordance with regulation 69(2)(a) unless the rent-free period lasts for the whole of that benefit week, in which case his eligible rent shall be nil;

(b) where regulation 69(2)(b) applies, his eligible rent for the benefit week in which the rent-free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 69(5) applies.

(3) For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case–

(a) in a case to which regulation 69(2)(a) applies, the amounts determined in his case in accordance with Parts V to VIII (applicable amounts, income and capital, students and amount of benefit) shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

(b) subject to paragraph (4), in a case to which regulation 69(2)(b) applies, the amounts determined in his case in accordance with Parts V to VIII shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

(4) In a case to which paragraph (3)(b) applies, where either regulation 69(6) or (7) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant’s eligible rent or rates.

PART X — CLAIMS

Who may claim

71

(1) In the case of a married or unmarried couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the appropriate authority shall determine.

(2) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and–

(a) a receiver has been appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf; or

(b) in Scotland, his estate is being administered by a tutor, curator or other guardian acting or appointed in terms of law; or

(c) an attorney with a general power or a power to claim or as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971[^f00075] or the Enduring Powers of Attorney Act 1985[^f00076],

that receiver, tutor, curator, other guardian or attorney, as the case may be, may make a claim on behalf of that person.

(3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the appropriate authority may, upon written application made to them by a person who, if a natural person, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

(4) Where the appropriate authority has made an appointment under paragraph (3)–

(a) it may at any time revoke it;

(b) the person appointed may resign his office after having given 4 weeks notice in writing to the appropriate authority of his intention to do so;

(c) any such appointment shall terminate when the appropriate authority is notified that a receiver or other person to whom paragraph (2)(b) or (c) applies has been appointed.

(5) Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf for the purposes of the Act the appropriate authority may if that person so requests in writing, treat him as if he had been appointed by them under paragraph (3).

(6) Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the receiver, tutor, curator, other guardian or attorney, if any, or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the appropriate authority for any sum paid.

Time and manner in which claims are to be made

72

(1) Every claim shall be in writing and made on a properly completed form approved for the purpose by the appropriate authority or in such written form as the appropriate authority may accept as sufficient in the circumstances of any particular case or class of cases and be accompanied by or supplemented by such certificates, documents, information and evidence as are required in accordance with regulation 73(1) (evidence and information).

(2) The forms approved for the purpose of claiming shall be provided free of charge by the appropriate authority or such persons as they may authorise or appoint for the purpose.

(3) Each appropriate authority shall notify the Secretary of State of the address to which claims delivered or sent to the appropriate DHSS office are to be forwarded.

(4) A claim–

(a) may be sent or delivered to the appropriate DHSS office where the claimant or his partner is also claiming income support;

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

(c) sent or delivered to the appropriate DHSS office shall be forwarded to the appropriate authority within two working days of the date of either the date of determination of the claim for income support or the receipt of the claim at the appropriate DHSS office, whichever is the later, or as soon as reasonably practicable thereafter.

(5) The date on which a claim is made shall be–

(a) in a case where an award of income support has been made to the claimant or his partner and the claim is made within 4 weeks of the date on which the claim for that income support was received at the appropriate DHSS office, the first day of entitlement to that income support;

(b) in a case where the claimant or his partner claimed income support but there is no entitlement to income support, the date on which the claim is received at the appropriate DHSS office or the designated office whichever is the earlier;

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

(7) Where a claim is defective because–

(a) it was made on the form approved for the purpose but that form is not accepted by the appropriate authority as being in a written form sufficient in the circumstances of the case; or

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

the appropriate authority may, in a case to which sub-paragraph (a) applies, refer the defective claim to the claimant or, in a case to which sub-paragraph (b) applies, supply the claimant with the approved form.

(8) The appropriate authority shall treat a defective claim as if it had been made in the first instance where the approved form referred or sent to the claimant in accordance with paragraph (7) is received at the designated office properly completed within 4 weeks of it having been referred or sent to him, or such longer period as the appropriate authority may consider reasonable.

(9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form.

(10) Where, exceptionally, a rating authority has not made a rate by the beginning of the rating year, if a claim for a rate rebate is properly made or treated as properly made and–

(a) the date on which the claim is made or treated as made is in the period from the 1st April of the current year and ending 4 weeks after the date on which the authority makes the rate; and

(b) if a rate had been made, the claimant would have been entitled to a rate rebate either from–

(i) the benefit week in which the 1st April of the current year fell, or

(ii) a benefit week falling after the date specified in head (i) but before the claim was made,

the appropriate authority shall treat the claim as made in the benefit week immediately preceding the benefit week in which such entitlement would have commenced.

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

(12) A person to whom housing benefit has been granted, or the partner of such a person, may make a claim to the appropriate authority for a further grant of that benefit to take effect immediately after the end of his current benefit period not more than 13 weeks before the end of that period.

(13) A person may make a further claim not more than 4 weeks after the end of his benefit period or the benefit period of his partner or former partner for a further grant of such benefit to take effect immediately after the end of that benefit period.

(14) The appropriate authority shall invite a person to whom housing benefit has been granted to make a claim for a further grant of that benefit where either–

(a) the benefit period ended in circumstances to which regulation 67(a) refers (end of entitlement to income support), or

(b) the benefit period is for a period exceeding 16 weeks and is due to end within 8 weeks in accordance with regulation 66(2) to (4) (benefit period) and no such claim has been received in accordance with paragraph (12),

and any claim received following that invitation, if made within 4 weeks of the end of the current benefit period, shall have effect immediately after the end of that benefit period in accordance with paragraph (12) or, as the case may be, paragraph (13).

(15) Where the claimant makes a claim in respect of any period before the date on which that claim was, or was treated as, made and he proves that there was good cause for his failure to make that claim throughout the period between any date in that earlier period and the date on which the claim was or was treated as made, his claim shall, subject to section 165A of the Social Security Act[^f00077] (52 week limit on entitlement before the date of claim), be treated as made on the first day of that earlier period from which he can prove good cause.

Evidence and information

73

(1) A person who makes a claim shall furnish such certificates, documents, information and evidence in connection with the claim, or any question arising out of it, as may be reasonably required by the appropriate authority in order to determine that person’s entitlement to housing benefit, and shall do so within 4 weeks of being required to do so or such longer period as the appropriate authority may consider reasonable.

(2) Where a request is made under paragraph (1), the appropriate authority shall–

(a) inform the claimant of his duty under regulation 75 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and

(b) without prejudice to the extent of the duty owed under regulation 75, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change or circumstances which is to be notified.

Amendment and withdrawal of claim

74

(1) A person who has made a claim may amend it at any time before a determination has been made on it, by a notice in writing delivered or sent to the designated office and any claim so amended shall be treated as if it had been amended in the first instance.

(2) A person who has made a claim may withdraw it at any time before a determination has been made on it, by notice to the designated office, and any such notice of withdrawal shall have effect when it is received.

Duty to notify changes of circumstances

75

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

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

(a) the amount of rent payable to a housing authority;

(b) the amount of rates payable to a rating authority;

(d) these Regulations;

(e) in the case of a claimant on income support, any circumstances which affect the amount of income support but not the amount of housing benefit to which he is entitled, other than the cessation of that entitlement to income support.

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

PART XI — DETERMINATION OF QUESTIONS

Who is to make a determination

76

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

(2) An authority shall be under no duty to determine a claim–

(a) where the claim has not been made in accordance with regulation 72(1) (time and manner in which claims are to be made) or treated as so made by virtue of regulation 72(8);

(b) where the claimant has failed to satisfy the provisions of regulation 73 (evidence and information);

(d) made more than 13 benefit weeks prior to the expiry of the claimant’s current benefit period.

(3) Every claim shall be determined by the appropriate authority within 14 days of the provisions of regulations 72 and 73 being satisfied or as soon as reasonably practicable thereafter.

Notification of determinations

77

An authority shall notify in writing any person affected by a determination made by it under these Regulations–

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

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

and every notification shall include a statement as to the matters set out in Schedule 6.

Time and manner of making notifications, requests or representations

78

(1) Any notice or other document that is to be given or sent to an authority shall be deemed to have been given or sent on the day it is received at the designated office.

(2) Any notice or other document that is to be given or sent by an authority to any person shall be deemed to have been given or sent if sent by post to that person’s last known or notified address, on the date it was posted.

(3) The times specified by regulations 79(2) (review of determinations), 80 (requests for statement of reasons) and 81 (further review of determinations) for making a request for a statement or representations may be extended for special reasons, by the appropriate authority or where relevant a Review Board, even though the time specified may have already expired.

(4) Any application for an extension of time shall be in writing, shall be sent or delivered to the designated office and shall be determined by the appropriate authority or where relevant decided by a Review Board.

(5) There shall be no review or further review of a determination or decision of a Review Board under paragraph (3) or (4).

Review of determinations

79

(1) Any determination or decision of a Review Board may be reviewed at any time by the appropriate authority if–

(a) there has been any relevant change of circumstances since the determination or decision was made; or

(b) it is satisfied and, in the case of a decision, satisfied by fresh evidence, that the determination or decision was made in ignorance of, or was based on a mistake as to, some material fact; or

(c) except in the case of a decision made by a Review Board, it is satisfied that it was based on a mistake as to the law.

(2) Notwithstanding paragraph (1), if a person makes written representations to an authority concerning a determination which it makes in relation to him within 6 weeks of the date of notification to him of the determination, the authority shall review the determination in the light of those representations.

(3) Subject to paragraph (4), where a determination is revised on review, the determination as revised shall have effect–

(a) in a case to which paragraph (1)(a) applies, from the date on which the relevant change of circumstances is to have effect, in accordance with regulation 68 (date on which relevant change of circumstances is to take effect);

(b) in a case to which paragraph (1)(b) or (c) or (2) applies, in place of the original determination;

(c) in the case of a determination under regulation 72(15) (time and manner in which claims are to be made), not to allow a claim to be treated as made on a date earlier than it was made, which is revised in favour of the claimant, from the date on which in accordance with regulation 72(15) that claim is treated as made.

(4) For the purposes of calculating the period of 6 weeks mentioned in paragraph (2) no account shall be taken of any period beginning with the receipt by an authority of a request for a statement under regulation 80 (requests for statement of reasons) and ending with the provision to that person of that statement.

(5) Except as provided by paragraph (3)(c) a determination or decision shall not be revised upon review so as to make housing benefit payable or to increase the amount of benefit payable in respect of any period which is more than 52 weeks before–

(a) where written representations were made in accordance with paragraph (2), the date on which those written representations were made; or

(b) in any other case, the date on which the determination was revised.

(6) Regulations 77 to 80 shall apply to the revision of any determination as they apply to a determination.

Requests for statement of reasons

80

(1) A person to whom an authority sends or delivers a notification of determination may request in writing the authority to provide a written statement setting out the reasons as to its determination of any matter set out in the notice.

(2) The written statement referred to in paragraph (1) shall be sent to the person requesting it within 14 days or as soon as is reasonably practicable thereafter.

Further review of determinations

81

(1) A person who has made representations under regulation 79(2) (review of determinations) may give or send to the appropriate authority written notice requesting a further review of the determination within 4 weeks of the date on which the determination on those representations was sent to him.

(2) The notice given under paragraph (1) shall set out the grounds on which a further review is requested.

(3) The further review shall be conducted by a Review Board appointed by the appropriate authority and constituted in accordance with Schedule 7.

(4) An authority may provide a Review Board appointed by it with such officers and such accommodation, services and other facilities as appear to the authority to be necessary or expedient for the proper performance of the functions of the Review Board.

Procedure on further review

82

(1) Within 6 weeks of receipt by an authority of a notice under regulation 81(1) (further review of determinations) requesting a further review or, if that is not reasonably practicable as soon as possible thereafter, the Review Board shall hold an oral hearing in order to conduct a further review.

(2) Subject to the provisions of these Regulations–

(a) the procedure in connexion with a further review shall be such as the Chairman of the Review Board shall determine;

(b) any person affected may make representations in writing in connexion with the further review and such representations shall be considered by the Review Board;

(i) be heard, and may be accompanied and may be represented by another person whether that person is professionally qualified or not, and for the purposes of the proceedings at the hearing any representative shall have the rights and powers to which any person affected is entitled under these Regulations;

(ii) call persons to give evidence; and

(iii) put questions to any person who gives evidence;

(d) the Review Board may call for, receive or hear representations and evidence from any person present as it considers appropriate.

(3) Reasonable notice (being not less than 10 days beginning on the day on which notice is given and ending on the day before the hearing of the further review) of the time and place of the oral hearing before the Review Board shall be given to any person affected, and if such notice has not been given the hearing may proceed only with the consent of every person affected or his representative.

(4) If any person affected should fail to appear at the hearing, notice having been given to him in accordance with paragraph (3), the Review Board may, having regard to all the circumstances including any explanations offered for the absence, proceed with the hearing notwithstanding his absence, or give such directions with a view to the conduct of the further review as it may think proper.

(5) Any person affected to whom notice has been given under paragraph (3) may apply in writing to the Chairman requesting a postponement of the hearing or withdrawing his application for a further review at any time before the decision on further review is given and either before or after the hearing has begun, and the Chairman may grant or refuse the application as he thinks fit.

(6) A hearing may be adjourned by the Review Board at any time during the hearing on the application of any person affected or of its own motion, and, if a hearing is adjourned part heard and after the adjournment the Review Board is differently constituted, otherwise than through the operation on that occasion of paragraph (7), the proceedings shall be by way of a complete rehearing of the case.

(7) Any hearing may, with the consent of every person affected or his representative but not otherwise, be proceeded with in the absence of any member of the Review Board provided that at least two members are present and one member present is or acts as the Chairman of the Board.

(8) The decision of the majority of the Review Board shall be the decision of the Board, and where the Board consists of an even number, the Chairman shall have a second or casting vote.

(9) An authority may pay travelling expenses in respect of attendance at the hearing to any person affected and to one other person representing or accompanying him at the hearing.

Decisions upon further review

83

(1) Upon further review the Review Board shall decide whether to confirm or revise the determination of the appropriate authority and, where the determination has been reviewed and revised under regulation 79 (review of determination), it shall decide whether to confirm or revise the determination so revised.

(2) In reaching its decision the Review Board shall apply the provisions of these Regulations as though any duty imposed on, or power or discretion conferred on, an authority were imposed or conferred upon the Review Board.

(3) In its application to a decision of a Review Board, the 52 week period referred to in regulation 79(5) (review of determinations) shall be calculated from the date that the appropriate authority either confirmed or revised its determination on review.

(4) The Chairman of the Review Board shall–

(a) record in writing all its decisions; and

(b) include in the record of every decision a statement of the reasons for such decisions and of its findings on questions of fact material thereto.

(5) Within 7 days of the Review Board’s decision or, if that is not reasonably practicable, as soon as possible thereafter, a copy of the record of that decision made in accordance with this regulation shall be given or sent to every person affected.

Effect of revising a decision

84

Where a Review Board has decided that a determination or, as the case may be, a revised determination of an authority shall be revised, the authority shall alter its determination or, as the case may be, revised determination in accordance with that decision with effect from the date of determination or, as the case may be, revised determination.

Correction of accidental errors in determinations and decisions

85

(1) Subject to regulation 87 (provisions common to regulations 85 and 86), accidental errors in any determination or record of a decision may at any time be corrected by the determining authority who gave the determination or decision or by an authority of like status.

(2) A correction to a determination or to the record of a decision shall be deemed to be part of that determination or of that record and written notice of it shall be given as soon as practicable to any person affected.

Setting aside of determinations and decisions on certain grounds

86

(1) Subject to regulation 87 (provisions common to regulations 85 and 86), on an application made by any person affected by the determination or decision, a determination or decision may be set aside by the determining authority which gave the determination or decision or by an authority of like status, in a case where it appears just to set the determination or decision aside on the ground that–

(a) a document relating to the matters relevant to the determination or decision was not sent to, or was not received at an appropriate time by, any person affected by the determination or decision, his representative, or the determining authority which gave the determination or decision; or

(b) in the case of a hearing before the Review Board, any person affected or his representative was not present; or

(2) An application under this regulation shall be made in writing and sent or delivered to the determining authority which gave the determination or decision, within 13 weeks of the day on which notice of that determination or decision was given.

(3) Where an application to set aside a decision of the Review Board is entertained under paragraph (1), any person affected shall be sent a copy of the application and shall be afforded a reasonable opportunity of making representations on it before the application is determined.

(4) Notice in writing of a determination or decision on an application to set aside a determination or decision shall be given to any person affected, as soon as may be practicable, and the notice shall contain a statement giving reasons for the determination or decision.

(5) For the purposes of determining under these Regulations an application to set aside a determination or decision there shall be disregarded regulation 78(2) (time and manner of making notifications, requests or representations) and any provision in any enactment or instrument to the effect that any notice or document required or authorised to be given or sent to any person shall be deemed to have been given or sent if it was sent by post to that person’s last known or notified address.

Provisions common to regulations 85 and 86

87

(1) In regulations 85 and 86–

“authority of like status” means a Review Board of different composition to that giving the decision where it is inexpedient for that same Review Board to correct or set aside its decision.

“determining authority” means an appropriate authority or a Review Board.

(2) In calculating the time specified in regulations 79(2) (review of determinations), 81(1) (further review of determinations), and 86(2) (setting aside of determinations and decisions on certain grounds) there shall be disregarded any day before the day on which notice was given of a correction to a determination or to the record of a decision under regulation 85 (correction of accidental errors in determinations and decisions) or a refusal to make such a correction, or on which notice is given of a determination or decision that a determination or decision shall not be set aside following an application made under regulation 86 as the case may be.

(3) There shall be no review or further review of a correction made under regulation 85 or a refusal to make such a correction or against a determination or decision given under regulation 86.

PART XII — PAYMENTS

Time and manner of payment

88

(1) Subject to paragraphs (2) and (3) and regulations 90 to 97 (frequency of payment of rent allowance, and payment on account of a rent allowance, payment provisions, offsetting) the appropriate authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to–

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

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

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

(3) Subject to regulations 91 to 96 (payment on account of rent allowance, payment provisions) every authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practicable, as soon as possible thereafter.

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

89

The circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance are that a person is liable to make payments by way of rates or an amount treated as a payment of rates by virtue of regulation 9(2) (rates), other than to a rating authority.

Frequency of payment of a rent allowance

90

(1) Subject to paragraphs (3) to (5) any rent allowance other than a payment made in accordance with regulation 88(2) or (3) or 91 (time and manner of payment, payment on account of rent allowance) shall be paid at intervals of 2 or 4 weeks or one month or, with the consent of the person entitled, at intervals greater than one month.

(2) A payment of a rent allowance in accordance with paragraph (1) shall be made insofar as it is practicable to do so, 2 weeks before the end of the period in respect of which it is made unless the liability to pay rent of the person entitled is in respect of a past period, in which case payment of the rent allowance may be made at the end of that period.

(3) Where a person’s weekly entitlement to a rent allowance is more than £2 he may require payment at two weekly intervals and the appropriate authority shall pay at two weekly intervals in such a case.

(4) The appropriate authority may pay a rent allowance at weekly intervals where either–

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

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

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

Payment on account of a rent allowance

91

(1) Where it is impracticable for the appropriate authority to determine a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested, the authority shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to such information which may at the time be available to it concerning the claimant’s circumstances.

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

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

Payment to be made to a person entitled

92

(1) Subject to regulations 93 to 96 (payment to landlords, withholding benefit, payment on death) and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.

(2) Where a person other than a person who is entitled to a rent allowance or rate rebate made the claim and that first person is a person referred to in regulation 71(2), (3) or (5) (persons appointed to act for a person unable to act), payment may be made to that person.

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

Circumstances in which payment is to be made to a landlord

93

A payment of rent allowance shall be made to a landlord (and in this regulation the “landlord” includes a person to whom rent or sums by way of rates are payable by the person entitled to that allowance)–

(a) where under Regulations made under the Act an amount of income support payable to the claimant or his partner is being paid direct to the landlord; or

(b) where sub-paragraph (a) does not apply and the person is in arrears of an amount equivalent to 8 weeks or more of the amount he is liable to pay his landlord as rent, except where it is in the overriding interest of the claimant not to make direct payments to the landlord.

Circumstances in which payment may be made to a landlord

94

Where regulation 93 (circumstances in which payment is to be made to a landlord) does not apply, a payment of a rent allowance may nevertheless be made to a person’s landlord where–

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

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

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

Withholding of benefit

95

(1) An authority shall withhold payment of a rent allowance where, but for the fact that it is in the overriding interest of the claimant not to make direct payment to his landlord, the authority would have made direct payments under Regulation 93(b) (circumstances in which payment is to be made to a landlord).

(2) In any other case an authority may withhold payment of a rent allowance where it is satisfied that the person entitled to that allowance is not paying regularly the rent to which that allowance relates.

(3) A payment withheld under paragraph (1) or (2) shall be retained by the authority until such time as it is satisfied that–

(a) the claimant has discharged his liability to his landlord; or

(b) the claimant will discharge his liability to his landlord if payment is made to him; or

(c) in a case to which paragraph (1) applies, it is no longer in the overriding interest of the claimant not to make payment to his landlord.

(4) Where it appears to an authority that a question has arisen in relation to a person’s entitlement to housing benefit or to payment of that benefit, it may withhold payment of the benefit in whole or in part pending the determination of that question on review under regulation 79.

(5) Where it appears to an authority that a question has arisen whether any amount paid to a person by way of, or in connection with a claim for housing benefit, is recoverable under section 29 of the Act or Part XIII (overpayments) of these Regulations, it may withhold any payment of arrears of benefit to that person, in whole or in part, pending the determination of that question.

(6) Upon determination of a question to which paragraph (4) or (5) refers, any benefit withheld under those paragraphs shall be paid except to the extent that there was no entitlement to that benefit or a recoverable overpayment remains unrecovered from the person from whom benefit was withheld.

Payment on death of the person entitled

96

(1) Where the person entitled to an allowance has died the appropriate authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.

(2) For the purposes of paragraph (1) “next of kin” means in England and Wales the persons who would take beneficially on an intestacy and in Scotland the persons entitled to the moveable estate on intestacy.

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

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

Offsetting

97

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

(2) No amount may be offset under paragraph (1) which has been determined to be a recoverable overpayment under regulation 99 (recoverable overpayments).

PART XIII — OVERPAYMENTS

Meaning of overpayment

98

In this Part “overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on initial determination or as subsequently revised on review or further review) and includes any amount paid on account under regulation 91 which is in excess of the entitlement to housing benefit as subsequently determined.

Recoverable overpayments

99

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

(2) This paragraph applies to an overpayment caused by an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment, reasonably have been expected to realise that it was an overpayment.

(3) In paragraph (2), “overpayment caused by official error” means an overpayment caused by a mistake made or something done or omitted to be done by the appropriate authority or by an officer or person acting for that authority or by an officer of the Department of Health and Social Security or the Department of Employment acting as such where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.

Person by whom recovery may be made

100

The authority which paid the recoverable overpayment may recover it.

Person from whom recovery may be sought

101

(1) Subject to paragraph (2) a recoverable overpayment shall be recoverable from either–

(a) where the overpayment was in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) by or on behalf of the claimant or any other person to whom a payment of housing benefit may be made, the person who misrepresented or failed to disclose that material fact; or

(b) in any case, the claimant or the person to whom the overpayment was made.

(2) Where a recoverable overpayment is made to a claimant who has one or more partners, recovery of the overpayment may be made by deduction from any housing benefit payable to a partner, provided that the claimant and that partner were members of the same household both at the time of the overpayment and when the deduction is made.

Method of recovery

102

Without prejudice to any other method of recovery, an authority may recover any recoverable overpayment from any person referred to in regulation 101 by deduction from any housing benefit to which that person is entitled or, where it is unable to do so, may request the Secretary of State to recover the overpayment from the benefits prescribed in regulation 105, in accordance with the provisions of that regulation.

Diminution of capital

103

(1) Where in the case of a recoverable overpayment, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person’s capital, or an error, other than one to which regulation 99(2) (effect of official error) refers, as to the amount of a person’s capital, the overpayment was in respect of a period (“the overpayment period”) of more than 13 benefit weeks, the appropriate authority shall, for the purpose only of calculating the amount of that overpayment–

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

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

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

Sums to be deducted in calculating recoverable overpayments

104

In calculating the amount of a recoverable overpayment, the appropriate authority–

(a) if it determines that a lesser amount was properly payable in respect of the whole or part of the overpayment period, shall deduct that amount;

(b) in the case of a rent or rate rebate only, may deduct so much of any payment by way of rent or, as the case may be, rates in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous determination.

Recovery of overpayments from prescribed benefits

105

(1) For the purposes of section 29(7) of the Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are–

(a) any benefit under the Social Security Act, except those specified in paragraph (2);

(b) income support or family credit under Part II of the Act;

(c) any benefit payable under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71[^f00078] on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, whether or not the benefit has been acquired by virtue of the provisions of that Regulation;

(d) any benefit payable under the social security legislation applicable in Northern Ireland which is equivalent to benefit prescribed by paragraphs (a) to (c) subject to exceptions equivalent to those made by paragraph (2).

(2) Benefits excepted from paragraphs (1)(a) and (1)(d) are guardian’s allowance and attendance allowance in respect of a child under section 35(1) to (4) of the Social Security Act[^f00079] as modified by regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975[^f00080].

(3) Where the Secretary of State is satisfied that:–

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

(b) the person who misrepresented that fact or failed to disclose it is receiving a sufficient amount of one or more of the benefits prescribed in paragraph (1) to enable deductions to be made for the recovery of the overpayment,

he shall, if requested to do so by an authority under regulation 102, recover the overpayment by deduction from any of those benefits.

SCHEDULE 1 — INELIGIBLE SERVICE CHARGES

PART I — service charges other than for fuel

Ineligible service charges

1

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

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

(i) meals (including the preparation of meals or provision of unprepared food);

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

(iii) leisure items such as either sports facilities (except a children’s play area), or television rental and licence fees (except television and radio relay charges);

(iv) cleaning of rooms and windows (other than communal areas) except where neither the claimant nor any member of his household is able to clean them himself; and

(v) transport;

(b) charges in respect of–

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

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

(c) charges in respect of the provision of an emergency alarm system, except where such a system is provided in accommodation which is occupied by elderly, sick or disabled persons and such accommodation, apart from the alarm system, is either–

(i) specifically designed or adapted for such persons, or

(ii) otherwise particularly suitable for them, having regard to its size, heating system and other major features or facilities;

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

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

(f) charges in respect of general counselling or other support services (whether or not provided by social work professionals) except those related to the provision of adequate accommodation or those provided by the landlord in person or someone employed by him who spends the majority of his time providing services for which the charges are not ineligible under the terms of this paragraph;

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

Amount of ineligible charges

2

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

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

Excessive service costs

3

Where the appropriate authority considers that the amount of a service charge to which regulation 10(1)(e) (rent) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.

PART II — payments in respect of fuel charges

4

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

5

(1) Where a charge is ineligible to be met by housing benefit under paragraph 4–

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

(b) in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),the amount ineligible to be met by housing benefit shall, subject to sub-paragraph (4), be the full amount of the service charge.

(2) In any other case, subject to sub-paragraph (3) and paragraph 6, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week–

(a) for heating (other than hot water)£6.70;

(b) for hot water£0.80;

(d) for cooking£0.80.

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

(a) Except in a case to which sub-paragraph (5) applies and subject to the following provisions of this sub-paragraph and paragraph 6 in the case of a person on income support the amount ineligible to be met by housing benefit by virtue of sub-paragraph (1) shall not exceed by more than £1.50 (“the relevant amount”) the total amount that would have been ineligible to be met by housing benefit in respect of the service provided by virtue of sub-paragraph (2) had that sub-paragraph applied;

(b) the relevant amount referred to in sub-paragraph (a) shall be increased by £1.50 with effect from the benefit week which includes the first Monday in April in each year from 1989 to 1992 inclusive unless in any of those years any Order made by the Secretary of State under section 63 of the Act increases amounts specified in these Regulations for the purpose of calculating a claimant’s applicable amount with effect from a different week in which case the relevant amount in (a) above shall be so increased with effect from the benefit week in which that increase takes effect in any particular case;

(c) this sub-paragraph shall cease to apply and the amount ineligible to be met by housing benefit by virtue of sub-paragraph (1) shall be the full amount of the charge with effect from the benefit week which includes the first Monday in April 1993 unless the Order made by the Secretary of State under section 63 of the Act in that year increases amounts specified in these Regulations for the purpose of calculating a claimant’s applicable amount with effect from a different week in which case this sub-paragraph shall cease to apply with effect from the benefit week in which that increase takes effect in any particular case.

(5) This sub-paragraph applies to a person who is liable to pay a charge for fuel which varies in accordance with the amount of fuel actually used (whether by means of a variable charge or a system of refunds or credits or otherwise).

6

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

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

(b) in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the appropriate authority for the purpose of calculating the claimant’s weekly eligible rent under regulation 69 (calculation of weekly amounts).

(2) In a case to which regulation 70 applies (rent or rate free periods), any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall–

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

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

7

In this Schedule–

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

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

SCHEDULE 2 — APPLICABLE AMOUNTS

PART I — personal allowances

1

The amounts specified in column (2) below in respect of each person or couple specified in column (1) shall be the amounts specified for the purposes of regulations 16(a) and 17(a) and (b)–

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.