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The Housing Benefit (Community Charge Rebates) (Scotland) Regulations 1988

Type Statutory-Instrument

Publication 1988-10-31

Last updated 1990-01-31

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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if, within 14 days of being notified of the determination of the appeal, he claims housing benefit from the authority to which it is determined he is liable to pay a personal community charge for the days concerned and that authority is not the authority to which a charge for those days was originally due then, provided the authority to which it is determined he is liable to pay the charge is satisfied that that person was entitled to housing benefit for any of the days to which the determination applies, his claim shall be treated as made on the first day in respect of which his entitlement arose.

(15) 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.

(16) 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.

(17) 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 54(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 53(2) to (4) (benefit period) and no such claim has been received in accordance with paragraph (15),

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 (15) or, as the case may be, paragraph (16).

(18) 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[^f00060] (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.

Circumstances in which claims need not be made

60

An appropriate authority may modify the provisions of regulation 59 (time and manner in which claims are to be made) so that, notwithstanding that a person has not made a claim for housing benefit in accordance with that regulation, where–

(a) at any time in the period from 23rd November 1988 to 31st March 1989 that person is in receipt of housing benefit in the form of a rate rebate, rent rebate or rent allowance, and

(b) the appropriate authority consider that they have sufficient information to determine whether he and any partner he may have will be entitled to housing benefit in the form of a community charge rebate from 1st April 1989,

he shall be treated as having made a claim for community charge rebate in respect of himself and any such partner for a period beginning on that date.

Evidence and information

61

(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; but nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment which is disregarded under paragraph 34 of Schedule 3 or paragraph 23 of Schedule 4 (payments made under the Macfarlane Trust , the Macfarlane (Special Payments) Trust or the Independent Living Fund).

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

(a) inform the claimant of his duty under regulation 63 (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 63, 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 of circumstances which is to be notified.

Amendment and withdrawal of claim

62

(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

63

(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 his partner, 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 or partner’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 notifying changes–

(a) in the amount of a personal community charge payable to a levying authority;

(b) in the age of the claimant or that of any member of his family;

(d) in the case of a claimant on income support, changes in 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)(b) or (d) 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 IX — DETERMINATION OF QUESTIONS

Who is to make a determination

64

(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 59(1) (time and manner in which claims are to be made) or treated as so made by virtue of regulation 59(10);

(b) where the claimant has failed to satisfy the provisions of regulation 61 (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 61 and 62 being satisfied or as soon as reasonably practicable thereafter.

Notification of determinations

65

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 5.

Time and manner of making notifications, requests or representations

66

(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 67(2) (review of determinations), 68 (requests for statement of reasons) and 69 (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

67

(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) the authority 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 that decision 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 55 (date on which 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 59(18) (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 59(18) 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 68 (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 65 to 68 shall apply to the revision of any determination as they apply to a determination.

Requests for statement of reasons

68

(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

69

(1) A person who has made representations under regulation 67(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 6.

(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

70

(1) Within 6 weeks of receipt by an authority of a notice under regulation 69(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 connection 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 connection with the further review and such representations shall be considered by the Review Board;

(i) to 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) to call persons to give evidence, and

(iii) to 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

71

(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 67 (review of determinations), 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 of 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 67(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

72

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

73

(1) Subject to regulation 75 (provisions common to regulations 73 and 74), 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

74

(1) Subject to regulation 75 (provisions common to regulations 73 and 74), 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 66(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 73 and 74

75

(1) In regulation 73 and 74–

“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 67(2) (review of determinations), 69(1) (further review of determinations), and 74(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 73 (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 74, as the case may be.

(3) There shall be no review or further review of a correction made under regulation 73 or a refusal to make such a correction or against a determination or decision given under regulation 74.

PART X — PAYMENTS

Time and manner of payment of housing benefit in respect of personal community charges

76

(1) Subject to regulations 79, 80 and 81 (withholding of benefit, payments on death and offsetting) and paragraphs (2) and (3), where a person is entitled to housing benefit in respect of his liability for a personal community charge, the appropriate authority may discharge his entitlement to that benefit by reducing, so far as possible, the amount of the personal community charge for which he is liable or may pay to him the amount of the benefit to which he is entitled, within 14 days of the receipt of the claim at the designated office or, if that is not practicable, as soon as possible thereafter.

(2) Where the amount of housing benefit to which a person is entitled exceeds his liability for any personal community charge, the appropriate authority may, so far as possible, reduce the next and any subsequent charges for which he is liable by the amount of the benefit in respect of which his entitlement remains undischarged, until that entitlement is fully discharged.

(3) Where a person is no longer liable to an authority for personal community charges and he has paid the charge or charges in respect of which he is entitled to housing benefit, the authority shall pay the outstanding benefit to him within 14 days of it being determined that benefit is due or, if that is not practicable, as soon as possible thereafter.

(4) The appropriate authority, in any case to which this regulation applies, shall notify the person to whom housing benefit is due of the amount of that benefit and the amount of any reduction made in his liability for a personal community charge or in the liability of any partner of his.

Time and manner of payment of housing benefit in respect of collective community charge contributions

77

(1) Subject to regulations 79, 80 and 81 (withholding of benefit, payments on death and offsetting), the appropriate authority shall pay housing benefit to which a person is entitled on account of his liability to pay any collective community charge contribution under section 11(11) of the 1987 Act, 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 pay a collective community charge contribution arises; and

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

(2) Payments of housing benefit under paragraph (1) may take the form of vouchers issued by the appropriate authority which vouchers shall state–

(a) the name of the person entitled to the benefit;

(b) the address of the premises in respect of which the collective community charge is payable;

(d) the day or days in respect of which benefit has been awarded.

(3) Any voucher paid in accordance with paragraph (1) on account of a person’s entitlement to housing benefit, may be paid by that person to the charge payer to whom the contribution is due, in reduction of the liability for the contribution concerned.

(4) Except in cases to which regulations 79, 80 and 81 apply, the first payment of housing benefit in respect of collective community charge contributions shall be made within 7 days of the receipt of a claim at the designated office or, if that is not reasonably practicable, as soon as possible thereafter.

Person to whom benefit is to be paid

78

(1) Subject to regulation 80 (payment on death) and paragraph (2), payment of any housing benefit 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 housing benefit made the claim and that first person is a person referred to in regulation 58(2), (3) or (5) (persons appointed to act for a person unable to act), benefit may be paid to that person.

(3) Where payments of housing benefit to which a person is entitled take the form of vouchers in accordance with regulation 77(2) (time and manner of payment of housing benefit in respect of collective community charge contributions), the appropriate authority, where–

(a) that person remains liable for a collective community charge contribution in respect of his residence in premises for which a collective community charge is payable;

(b) his residence in that premises has ceased; and

may pay the outstanding benefit to the person to whom the relevant contribution is owed in such manner as they may decide.

Withholding of benefit

79

(1) 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 67.

(2) 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 XI of these Regulations (overpayments), it may withhold any payment of arrears of benefit to that person, in whole or in part, pending the determination of that question.

(3) Upon determination of a question to which paragraph (1) or (2) refers, any benefit withheld under those paragraphs shall be paid within 14 days 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

80

(1) Where the person entitled to a housing benefit 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 Scotland the person entitled to the moveable estate on intestacy and in England and Wales the persons who would take beneficially on an 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

81

(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 83 (recoverable overpayments).

PART XI — OVERPAYMENTS

Meaning of overpayment

82

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).

Recoverable overpayments

83

(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 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

84

The authority which paid the recoverable overpayment may recover it.

Person from whom recovery may be sought

85

(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.

Methods of recovery

86

Without prejudice to any other method of recovery, an authority may recover any recoverable overpayments from any person referred to in regulation 85 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 89, in accordance with the provisions of that regulation.

Diminution of capital

87

(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 83(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

88

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; and

(b) may deduct so much of any payment of personal community charge or collective community charge contribution 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

89

(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[^f00061] 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.

(2) Benefits excepted from paragraph (1)(a) are guardian’s allowance and attendance allowance in respect of a child under section 35(1) to (4) of the Social Security Act[^f00062] as modified by regulation 6 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975[^f00063].

(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 fraudulent or otherwise), by or on behalf of a claimant or any other person to whom a payment or 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 86 (methods of recovery) recover the overpayment by deduction from any of those benefits.

PART XII — INFORMATION

Exchange of information

90

(1) For the purposes of section 31(1) and (2) of the Act (exchange of information obtained by the Secretary of State in connection with his functions under the benefit Acts and by authorities in connection with their functions relating to housing benefit) regulations 2 and 3 of the Housing Benefit (Supply of Information) Regulations 1988[^f00064] shall apply to housing benefit in respect of community charge rebates.

(2) References in those Regulations to an “authority” or “authorities” include a levying authority within the meaning of paragraph 1 of Schedule 2 to the 1987 Act.

(3) In addition to any information which may be supplied by the Secretary of State in accordance with paragraph (1), the Secretary of State may supply to a levying authority the name, date of birth. and address of any person who is in receipt of income support and of any partner he may have.

SCHEDULE 1 — 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 7(a) and 8(a) and (b)–

(1)	(2)
Person or Couple	Amount
1Single claimant aged–
anot less than 18 but less than 25;	1a£27.40
bnot less than 25.	b£34.90
2Lone parent	2£34.90
3Couple	3£54.80

2

The amounts specified in column (2) below in respect of each person specified in column (1) shall be the amounts specified for the purposes of regulations 7(b) and 8(c)–

(1)	(2)
Child or Young Person	Amount
Person aged–
aless than 11;	a£11.75
bnot less than 11 but less than 16;	b£17.35
cnot less than 16 but less than 18;	c£20.80
dnot less than 18.	d£27.40

PART II — FAMILY PREMIUM

3

The amount for the purposes of regulations 7(c) and 8(d) in respect of a family of which at least one member is a child or young person shall be £6.50.

PART III — PREMIUMS

4

Except as provided in paragraph 5, the premiums specified in Part IV of this Schedule shall, for the purposes of regulations 7(d) and 8(e), be applicable to a claimant who satisfies the condition specified in paragraphs 8 to 14 in respect of that premium.

5

Subject to paragraph 6, where a claimant satisfies the conditions in respect of more than one premium in this Part of this Schedule, only one premium shall be applicable to him and, if they are different amounts, the higher or highest amount shall apply.

6

(1) The severe disability premium to which paragraph 13 applies may be applicable in addition to either the higher pensioner premium to which paragraph 10 applies or the disability premium to which paragraph 11 applies.

(2) The disabled child premium to which paragraph 14 applies may be applicable in addition to any other premium which may apply under this Schedule.

7

For the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for–

(a) in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979[^f00065] applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b) any period spent by a person in undertaking a course of training or instruction provided or approved under section 2 of the Employment and Training Act 1973[^f00066].

Lone Parent Premium

8

The condition is that the claimant is a member of a family but has no partner.

Pensioner Premium

9

The condition is that the claimant–

(a) is a single claimant or lone parent aged not less than 60 but less than 75; or

(b) has a partner and is, or his partner is, aged not less than 60 but less than 75.

Higher Pensioner Premium

10

(1) Where the claimant is a single claimant or a lone parent, the condition is that–

(a) he is aged not less than 80; or

(b) he is aged less than 80 but not less than 60, and

(i) the additional condition specified in paragraph 12(1)(a) is satisfied, or

(ii) the claimant was in receipt of housing benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of housing benefit since attaining that age.

(2) Where the claimant has a partner, the condition is that–

(a) he or his partner is aged not less than 80; or

(b) he or his partner is aged less than 80 but not less than 60 and either–

(i) the additional condition specified in paragraph 12(1)(a) is satisfied, or

(ii) the claimant was in receipt of housing benefit and the disability premium was applicable to him in respect of a benefit week within 8 weeks of his 60th birthday and he has, subject to sub-paragraph (3), remained continuously in receipt of housing benefit since attaining that age.

(3) For the purposes of this paragraph and paragraph 12–

(a) once the higher pensioner premium is applicable to a claimant, if he then ceases, for a period of 8 weeks or less, to be entitled to housing benefit, he shall, on becoming re-entitled to housing benefit, thereafter be treated as having been continuously entitled to that benefit;

(b) where sub-paragraphs (1)(b)(ii) and (2)(b)(ii) apply, if a claimant ceases to be entitled to housing benefit for a period not exceeding 8 weeks which includes his 60th birthday, he shall, on becoming re-entitled to housing benefit, thereafter be treated as having been continuously entitled to that benefit.

Disability Premium

11

The condition is that–

(a) where the claimant is a single claimant or lone parent, he is aged less than 60 and the additional condition specified in paragraph 12 is satisfied; or

(b) where the claimant has a partner, either–

(i) the claimant is aged less than 60 and the additional condition specified in paragraph 12(1)(a) or (b) is satisfied by him, or

(ii) his partner is aged less than 60 and the additional condition specified in paragraph 12(1)(a) is satisfied by his partner.

Additional Condition for the Higher Pensioner and Disability Premiums

12

(1) Subject to sub-paragraph (2) and paragraph 7, the additional condition referred to in paragraphs 10 and 11 is that either–

(a) the claimant or, as the case may be, his partner–

(i) is in receipt of one or more of the following benefits: attendance allowance, mobility allowance, mobility supplement, an invalidity pension under section 15 of the Social Security Act[^f00067] or severe disablement allowance under section 36 of that Act[^f00068] but, in the case of invalidity pension or severe disablement allowance, only where it is paid in respect of him, or

(ii) was in receipt of either mobility allowance or invalidity pension under section 15 of the Social Security Act when entitlement to that benefit ceased either on account of the maximum age for this payment being reached or the payment of a retirement pension under the Social Security Act and the claimant has since remained continuously entitled to housing benefit and, if the mobility allowance or invalidity pension was payable to his partner, the partner is still a member of the family, or

(iii) except where paragraph (1)(a), (b), (c)(ii) or (d)(ii) of regulation 9 (patients) applies, was in receipt of attendance allowance which is no longer in payment solely on account of the claimant or, as the case may be, his partner having been or having been treated as undergoing treatment for a period of more than 4 weeks by virtue of regulation 5 of the Social Security (Attendance Allowance) (No. 2) Regulations 1975[^f00069], or

(iv) is provided by the Secretary of State with an invalid carriage or other vehicle under section 5(2) of the National Health Service Act 1977[^f00070] (other services) or, in Scotland, under section 46 of the National Health Service (Scotland) Act 1978[^f00071] (provision of services) or receives payments by way of grant from the Secretary of State under paragraph 2 of Schedule 2 to that 1977 Act (additional provisions as to vehicles) or under that section 46, or

(v) is blind and in consequence registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948[^f00072] (welfare services) or has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a regional or islands council; or

(b) the claimant is and has, in respect of a continuous period of not less than 28 weeks, been treated as having been incapable of work for the purposes of one or more of the provisions of the Social Security Act or Part I of the Social Security and Housing Benefits Act 1982[^f00073] or, if he was in Northern Ireland for the whole or part of that period, was treated as having been incapable of work for the purposes of one or more of the comparable Northern Irish provisions.

(2) For the purposes of sub-paragraph (1)(a)(v), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(3) For the purposes of sub-paragraph (1)(b), once the higher pensioner premium or the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be treated as incapable of work for the purposes of the provisions specified in that provision he shall, on again becoming so incapable of work, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(b).

(4) For the purposes of sub-paragraph (1)(a)(ii) and (iii), once the higher pensioner premium is applicable to the claimant by virtue of his satisfying the condition specified in that provision, if he then ceases, for a period of 8 weeks or less, to be entitled to housing benefit, he shall on again becoming so entitled to housing benefit, immediately thereafter be treated as satisfying the condition in sub-paragraph (1)(a)(ii) and (iii).

(5) For the purposes of sub-paragraph (1)(b), once the disability premium is applicable to a claimant by virtue of his satisfying the additional condition specified in that provision, he shall continue to be treated as satisfying that condition for any period spent by him in undertaking a course of training provided under section 2 of the Employment and Training Act 1973.

Severe Disability Premium

13

(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if–

(a) in the case of a single claimant or lone parent–

(i) he is in receipt of attendance allowance, and

(ii) subject to sub-paragraph (3), he has no non-dependants aged 18 or over residing with him, and

(iii) no-one is in receipt of an invalid care allowance under section 37 of the Social Security Act[^f00074] in respect of caring for him;

(b) in the case of a claimant who has a partner–

(i) the claimant is in receipt of attendance allowance, and

(ii) his partner is also in receipt of such an allowance or, if he is a member of a polygamous marriage, all the partners of that marriage are in receipt of such an allowance, and

(iii) subject to sub-paragraph (3), the claimant has no non-dependants aged 18 or over residing with him

and either there is someone in receipt of an invalid care allowance in respect of caring for only one of a couple or, in the case of a polygamous marriage for one or more but not all the partners of the marriage, or else there is no-one in receipt of such an allowance in respect of caring for either member of a couple or any partner of a polygamous marriage.

(3) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of either–

(a) a person receiving attendance allowance; or

(b) a boarder.

Disabled Child Premium

14

The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household–

(a) has no capital or capital which, if calculated in accordance with Part IV in like manner as for the claimant except where otherwise provided, would not exceed £3000; and

(b) is in receipt of attendance allowance or mobility allowance or both or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or

Persons in receipt of concessionary payments

15

For the purpose of determining whether a premium is applicable to a person under paragraphs 12 to 14, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

PART IV — AMOUNTS OF PREMIUMS SPECIFIED IN PART III

16

—

(1) Lone Parent Premium

b

where the claimant satisfies the condition in paragraph 13(2)(b)–

SCHEDULE 2 — SUMS TO BE DISREGARDED IN THE CALCULATION OF EARNINGS

1

In the case of a claimant who has been engaged in remunerative work as an employed earner or, had the employment been in Great Britain, would have been so engaged–

(a) any earnings paid or due to be paid in respect of that employment which has been terminated–

(i) by way of retirement but only if on retirement he is entitled to a retirement pension under the Social Security Act, or would be so entitled if he satisfied the contribution conditions,

(ii) otherwise than by retirement except earnings to which regulation 18(1)(b) to (e) and (g) to (i) applies (earnings of employed earners);

(b) any earnings paid or due to be paid in respect of that employment which has been interrupted except earnings to which regulation 18(1)(d) and (e) applies.

2

In the case of a claimant who has been engaged in part-time employment as an employed earner or, had the employment been in Great Britain, would have been so engaged before he made a claim for housing benefit, any earnings paid or due to be paid in respect of that employment which has been terminated or interrupted before the claim is made except earnings to which regulation 18(1)(e) applies.

3

(1) In a case to which this paragraph applies, £15; but notwithstanding regulation 10 (calculation of income and capital of members of a claimant’s family and of a polygamous marriage) if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £15.

(2) This paragraph applies where the claimant’s applicable amount includes an amount by way of the disability premium or severe disability premium under Schedule 1 (applicable amounts).

(3) This paragraph applies where–

(a) the claimant is a member of a couple and his applicable amount would, but for the higher pensioner premium under Schedule 1 being applicable, include an amount by way of the disability premium under that Schedule; and

(b) he or his partner is under the age of 60 and at least one is engaged in employment.

(4) This paragraph applies where–

(a) the claimant’s applicable amount includes an amount by way of the higher pensioner premium under Schedule 1; and

(b) the claimant or, if he is a member of a couple, either he or his partner has attained the age of 60; and

(c) immediately before attaining that age he or, as the case may be, he or his partner was engaged in employment and the claimant was entitled by virtue of sub-paragraph (2) to a disregard of £15; and

(d) he or, if he is a member of a couple, he or his partner has continued in employment.

(5) This paragraph applies where–

(a) the claimant is a member of a couple and his applicable amount would include an amount by way of the disability premium under that Schedule, but for–

(i) the pensioner premium for persons aged 75 and over under Schedule 1 being applicable, or

(ii) the higher pensioner premium under that Schedule being applicable; and

(b) he or his partner has attained the age of 75 but is under the age of 80 and the other is under the age of 60 and at least one member of the couple is engaged in employment.

(6) This paragraph applies where–

(a) the claimant is a member of a couple and he or his partner has attained the age of 75 but is under the age of 80 and the other has attained the age of 60; and

(b) immediately before the younger member attained that age either of them was engaged in employment and the claimant was entitled by virtue of sub-paragraph (5) to a disregard of £15; and

(7) For the purposes of this paragraph, no account shall be taken of any period not exceeding eight consecutive weeks occurring on or after the date on which the claimant or, if he is a member of a couple, he or his partner attained the age of 60 during which either or both ceased to be engaged in employment or the claimant ceased to be entitled to income support.

4

If an amount by way of a lone parent premium under Schedule 1 is included in the calculation of the claimant’s applicable amount, £15.

5

In a case where paragraph 3 does not apply to the claimant and he is one of a couple and a member of that couple is in employment, £10; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except where, and to the extent that, the earnings of the claimant which are to be disregarded under this paragraph are less than £10.

6

(1) In a case to which neither paragraph 3 nor 4 applies to the claimant, £15 of earnings derived from one or more employments as–

(a) a part-time fireman in a fire brigade maintained in pursuance of the Fire Services Acts 1947 to 1959[^f00075];

(b) an auxiliary coastguard in respect of coast rescue activities;

(d) a member of any territorial or reserve force prescribed in Part I of Schedule 3 to the Social Security (Contributions) Regulations 1979[^f00076];

but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if this paragraph applies to a claimant it shall not apply to his partner except to the extent specified in sub-paragraph (2).

(2) If the claimant’s partner is engaged in employment–

(a) specified in sub-paragraph (1), so much of his earnings as would not in aggregate with the amount of the claimant’s earnings disregarded under this paragraph exceed £15;

(b) other than one specified in sub-paragraph (1), so much of his earnings from that employment up to £10 as would not in aggregate with the claimant’s earnings disregarded under this paragraph exceed £15.

7

Where the claimant is engaged in one or more employments specified in paragraph 6(1), but his earnings derived from such employments are less than £15 in any week and he is also engaged in any other employment so much of his earnings from that other employment, up to £5 if he is a single claimant, or up to £10 if he has a partner, as would not in aggregate with the amount of his earnings disregarded under paragraph 6 exceed £15.

8

In a case to which none of the paragraphs 3 to 7 applies, £5.

9

Any amount or the balance of any amount which would fall to be disregarded under paragraph 17, 18 or 27 of Schedule 3 had the claimant’s income which does not consist of earnings been sufficient to entitle him to the full disregard thereunder.

10

Where a claimant is on income support, his earnings.

11

Any earnings derived from employment which are payable in a country outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of those earnings.

12

Where a payment of earnings is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

13

Any earnings of a child or young person except earnings to which paragraph 14 applies.

14

In the case of earnings of a young person who has ceased full-time education for the purposes of section 2 of the Child Benefit Act 1975 (meaning of child)[^f00077] and who is engaged in remunerative work–

(a) if an amount by way of a disabled child premium under Schedule 1 is included in the calculation of his applicable amount, £15;

(b) in any other case, £5.

15

In this Schedule “part-time employment” means employment in which the person is engaged on average for less than 24 hours a week.

SCHEDULE 3 — SUMS TO BE DISREGARDED IN THE CALCULATION OF INCOME OTHER THAN EARNINGS

1

Any amount paid by way of tax on income which is to be taken into account under regulation 23 (calculation of income other than earnings).

2

Any payment in respect of any expenses incurred by a claimant who is–

(a) engaged by a charitable or voluntary body, or

(b) a volunteer,

if he otherwise derives no remuneration or profit from the employment and is not to be treated as possessing any earnings under regulation 25(5) (notional income).

3

In the case of employment as an employed earner, any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment.

4

Where a claimant is on income support, the whole of his income.

5

Any mobility allowance under section 37A of the Social Security Act[^f00078].

6

Any concessionary payment made to compensate for the non-payment of–

(a) any payment specified in paragraph 5 or 8;

(b) income support.

7

Any mobility supplement under article 26A of the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 1983[^f00079] (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983[^f00080] or any payment intended to compensate for the non-payment of such a supplement.

8

Any attendance allowance.

9

Any payment to the claimant as holder of the Victoria Cross or of the George Cross or any analogous payment.

10

Any sum in respect of a course of study attended by a child or young person payable by virtue of Regulations made under section 81 of the Education Act 1944[^f00081] (assistance by means of scholarships or otherwise), or by virtue of section 2(1) of the Education Act 1962[^f00082] (awards for courses of further education), or section 49 of the Education (Scotland) Act 1980[^f00083] (power to assist persons to take advantage of educational facilities).

11

In the case of a claimant participating in arrangements for training made under section 2 of the Employment and Training Act 1973[^f00084] or attending at an employment rehabilitation centre established under that section–

(a) any travelling expenses reimbursed to the claimant;

(b) if he receives an allowance under section 2(2)(d) of that Act, such amount, if any, of that allowance expressed to be a living away from home allowance;

but this paragraph, except in so far as it relates to a payment under sub-paragraph (a), (b) or (c), does not apply to any part of any allowance under section 2(2)(d) of that Act.

12

Any Job Start Allowance payable under section 2(1) of the Employment and Training Act 1973.

13

Subject to paragraph 33, £5 of any charitable payment or of any voluntary payment made or due to be made (whether or not so made) at regular intervals other than a payment which is made by a person for the maintenance of any member of his family or his former partner or of his children or a payment to which paragraph 34 applies; and, for the purposes of this paragraph, where a number of such charitable or voluntary payments fall to be taken into account in any one week they shall be treated as though they were one such payment.

14

Subject to paragraph 33, £5 of any of the following, namely–

(a) war disablement pension or war widow’s pension or a payment made to compensate for the non-payment of such a pension;

(b) a pension paid under the social security scheme of a country outside Great Britain and which either–

(i) is analogous to a war disablement pension, or

(ii) is paid to a war widow in respect of a person’s death but is otherwise analogous to such a pension;

(c) a pension paid under any special provision made by the law of the Federal Republic of Germany or any part of it, or of the Republic of Austria, to victims of National Socialist persecution.

15

(1) Any income derived from capital to which the claimant is or is treated under regulation 34 (capital jointly held) as beneficially entitled but, subject to sub-paragraph (2), not income derived from capital disregarded under paragraphs 1, 2, 4, 7, 13 or 24 to 27 of Schedule 4.

(2) Income derived from capital disregarded under paragraph 2, 4 or 24 to 27 of Schedule 4 but only to the extent of–

(a) any mortgage payments made in respect of the dwelling and premises; or

(b) any standard community charge or community water charge which the claimant is liable to pay under the 1987 Act in respect of the dwelling or premises,

in the period during which that income accrued.

16

Where a claimant receives income under an annuity purchased with a loan which satisfies the following conditions–

(a) that the loan was made as part of a scheme under which not less than 90% of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b) that the interest on the loan is payable by the person to whom it was made or by one of the annuitants;

(c) that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(d) that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling; and

(e) that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid,

the amount, calculated on a weekly basis, equal to–

(i) where, or insofar, as, section 369 of the Income and Corporation Taxes Act 1988[^f00085] (mortgage interest payable under deduction of tax) applies to the payments of interest on loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the basic rate for the year of assessment in which the payment of interest becomes due,

(ii) in any other case the interest which is payable on the loan without deduction of such a sum.

17

Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating–

(a) under regulations made in exercise of the powers conferred by section 1 of the Education Act 1962[^f00086], that student’s award under that section;

(b) that student’s award under section 2 of that Act; or

(c) under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980[^f00087], that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section,

an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

18

(1) Where the claimant is the parent of a student aged under 25 in advanced education who either–

(a) is not in receipt of any award or grant in respect of that education; or

(b) is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980, or a payment under section 73 of that Act of 1980,

and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 17, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to–

(a) the weekly amount of the payments; or

(b) the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

19

Any payment made to the claimant by a child or young person or a non-dependant or a boarder.

20

Where the claimant occupies a dwelling as his home which is also occupied by a person other than one to whom paragraph 19 refers and that person is contractually liable to make payments in respect of his occupation of the dwelling to the claimant–

(a) £4 of any payment made by that person; and

(b) a further £7.00 where that payment is inclusive of an amount for heating.

21

Any income in kind.

22

Any income which is payable in a country outside the United Kingdom for such period during which there is a probibition against the transfer to the United Kingdom of that income.

23

(1) Any payment made to the claimant in respect of a person who is a member of his family–

(a) in accordance with a scheme approved by the Secretary of State under section 50(4) of the Adoption Act 1958[^f00088] or, as the case may be, section 51 of the Adoption (Scotland) Act 1978[^f00089] (schemes for payments of allowances to adopters);

(b) which is payment made by a local authority, in pursuance of section 34(6) or, as the case may be, section 50 of the Children Act 1975[^f00090] (contributions to a custodian towards the cost of the accommodations and maintenance of a child),

to the extent specified in sub-paragraph (2).

(2) In the case of a child or young person–

(a) to whom regulation 26(2) applies (capital in excess of £3000), the whole payment;

(b) to whom that regulation does not apply, so much of the weekly amount of the payment as exceeds the amount included under Schedule 1 in the calculation of the claimant’s applicable amount for that child or young person by way of the personal allowance and disabled child premium, if any.

24

Any payment made by a local authority to the claimant with whom a person is boarded out by virtue of arrangements made under section 21(1)(a) of the Child Care Act 1980[^f00091] or, as the case may be, section 21 of the Social Work (Scotland) Act 1968[^f00092] or by a voluntary organisation under section 61 of the 1980 Act or by a care authority under regulation 9 of the Boarding Out and Fostering of Children (Scotland) Regulations 1985[^f00093] (provision of accommodation and maintenance for children in care).

25

Any payment made by a health authority, local authority or voluntary organisation to the claimant in respect of a person who is not normally a member of the claimant’s household but is temporarily in his care.

26

Any payment made under section 1, 27 or 29 of the Child Care Act 1980 or, as the case may be, section 12, 24 or 26 of the Social Work (Scotland) Act 1968 (local authorities' duty to promote welfare of children and powers to grant financial assistance to persons in care, or formerly in care).

27

An amount equal to any maintenance payment made by the claimant to his former partner or in respect of his children other than children who are members of his household.

28

Any payment received under an insurance policy taken out to insure against the risk of being unable to maintain repayments on a loan for the purchase of the dwelling which the claimant occupies as his home and secured on that dwelling to the extent that it does not exceed the amount calculated, on a weekly basis, of that repayment.

29

Any payment of income which by virtue of regulation 30 (income treated as capital) is to be treated as capital.

30

Any social fund payment.

31

Any payment under paragraph 2 of Schedule 6 to the Act (pensioners' Christmas bonus).

32

Where a payment of income is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

33

The total of claimant’s income or, if he is a member of a family, the family’s income and the income of any person which he is treated as possessing under regulation 10(3) (calculation of income and capital of members of claimant’s family and of a polygamous marriage) to be disregarded under regulation 39(2)(b) and regulation 40(1)(e) (calculation of covenant income where a contribution assessed, covenant income where no grant income or no contribution is assessed) and paragraphs 13 and 14 shall in no case exceed £5 per week.

34

Any payment made under the Macfarlane Trust , the Macfarlane (Special Payments) Trust or the Independent Living Fund.

35

Any housing benefit on account of a person’s liability to make payments in respect of a dwelling.

36

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit on account of a person’s liability to make payments in respect of a dwelling.

37

Any resettlement benefit which is paid to the claimant by virtue of regulation 3 of the Social Security (Hospital In-Patients) Amendment (No. 2) Regulations 1987[^f00094].

38

Any payment by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983[^f00095].

SCHEDULE 4 — CAPITAL TO BE DISREGARDED

1

The dwelling together with any garage, garden and outbuildings, normally occupied by the claimant as his home including any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular any croft land on which the dwelling is situated; but, notwithstanding regulation 10 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), only one dwelling shall be disregarded under this paragraph.

2

Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

3

Any sum directly attributable to the proceeds of sale of any premises formerly occupied by the claimant as his home which is to be used for the purchase of other premises intended for such occupation within 26 weeks of the date of sale or such longer period as is reasonable in the circumstances to enable the claimant to complete the purchase.

4

Any premises occupied in whole or in part–

(a) by a partner or relative of any member of the family where that person is either aged 60 or over or incapacitated;

(b) by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced.

5

Where a claimant is on income support, the whole of his capital.

6

Any reversionary interest.

7

The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner, or if he has ceased to be so engaged, for such period as may be reasonable in the circumstances to allow for disposal of any such asset.

8

Any arrears of, or any concessionary payment made to compensate for arrears due to the non-payment of,–

(a) any payment specified in paragraph 5, 7 or 8 of Schedule 3;

(b) an income-related benefit or supplementary benefit, family income supplement under the Family Income Supplements Act 1970[^f00096] or housing benefit under Part II of the Social Security and Housing Benefits Act 1982,

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

9

Any sum–

(a) paid to the claimant in consequence of damage to, or loss of the home or any personal possession and intended for its repair or replacement; or

(b) acquired by the claimant (whether as a loan or otherwise) on the express condition that it is to be used for effecting essential repairs or improvement to the home,

which is to be used for the intended purpose, for a period of 26 weeks from the date on which it was so paid or acquired or such longer period as is reasonable in the circumstances to effect the repairs, replacement or improvement.

10

Any sum–

(a) deposited with a housing association as defined in section 1(1) of the Housing Associations Act 1985[^f00097] as a condition of occupying the home;

(b) which was so deposited and which is to be used for the purchase of another home, for the period of 26 weeks or such longer period as may be reasonable in the circumstances to enable the claimant to complete the purchase.

11

Any personal possessions except those which have been acquired by the claimant with the intention of reducing his capital in order to secure entitlement to housing benefit or to increase the amount of that benefit.

12

The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

13

Where the funds of a trust are derived from a payment made in consequence of any personal injury to the claimant the value of the trust fund and the value of the right to receive any payment under that trust, for a period of 2 years, or such longer period as is reasonable in the circumstances, beginning–

(a) if, at the date of the payment, the claimant or his partner is in receipt of an income-related benefit, on that date;

(b) in any other case, on the date on which an income-related benefit is first payable to the claimant or his partner after the date of the payment,

but, for the purposes of regulations 7, 8, and 26(2) (applicable amounts, polygamous marriages and modifications in respect of children and young persons), in calculating the capital of a child or young person there shall be no limit as to the period of disregard under this paragraph.

14

The value of the right to receive any income under a life interest or from a liferent.

15

The value of the right to receive any income which is disregarded under paragraph 9 of Schedule 2 or paragraph 22 of Schedule 3.

16

The surrender value of any policy of life insurance.

17

Where any payment of capital falls to be made by instalments, the value of the right to receive any outstanding instalments.

18

19

Any social fund payment.

20

Any refund of tax which falls to be deducted under section 369 of the Income and Corporation Taxes Act 1988[^f00098] (mortgage interest payable under deduction of tax) on a payment of relevant loan interest for the purpose of acquiring an interest in the home or carrying out repairs or improvements to the home.

21

Any capital which by virtue of regulation 24 (capital treated as income) is to be treated as income.

22

Where any payment of capital is made in a currency other than sterling, any banking charge or commission payable in converting that payment into sterling.

23

Any payment made under the Macfarlane Trust , the Macfarlane (Special Payments) Trust or the Independent Living Fund and any sum derived from such a payment.

24

(1) Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.

(2) In this paragraph “dwelling” includes any garage, garden and outbuildings, which were formerly occupied by the claimant as his home and any premises not so occupied which it is impracticable or unreasonable to sell separately, in particular any croft land on which the dwelling is situated.

25

Any premises where the claimant is taking reasonable steps to dispose of those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

26

Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

27

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period as is necessary to enable those repairs or alterations to be carried out.

28

29

The value of the right to receive an occupational pension.

30

The value of the right to receive rent.

31

Any payment in kind made by a charity or under the Macfarlane (Special Payments) Trust.

32

Any payment not exceeding £200 made under section 2 of the Employment and Training Act 1973[^f00099] (functions of the Secretary of State) as a training bonus to a person participating in arrangements for training made under that section, but only for a period of 52 weeks from the date of the receipt of that payment.

33

Any payment made by the Secretary of State to compensate for the loss of housing benefit supplement under regulation 19 of the Supplementary Benefit (Requirements) Regulations 1983.

SCHEDULE 5 — MATTERS TO BE INCLUDED IN THE NOTICE OF DETERMINATION

PART I — general

1

The statement of matters to be included in any notice of determination issued by an appropriate authority to a person, and referred to in regulation 65 (notification of determinations) and 67 (review of determinations) are those matters set out in the following provisions of this Schedule.

2

Every notice of determination shall include a statement as to the right of any person affected by that determination to request a written statement under regulation 68 (requests for statement of reasons) and the manner and time in which to do so.

3

Every notice of determination shall include a statement as to the right of any person affected by that determination to make written representations in accordance with regulation 67(2) and the manner and time in which to do so.

4

Every notice of determination following written representations in accordance with regulation 67(2) (review of determinations) shall include a statement as to whether the original determination in respect of which the person made his representations has been confirmed or revised and where the appropriate authority has not revised the determination the reasons why not.

5

Every notice of determination following written representations in accordance with regulation 67(2) (review of determinations) shall include a statement as to the right of any person affected by that determination to request a further review in accordance with regulation 69 (further review of determinations) and of the manner and time in which to do so.

6

An authority may include in the notice of determination any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.

7

Parts II, III and IV of this Schedule shall apply only to the notice of determination given on a claim.

8

Where a notice of determination is given following a review of an earlier determination–

(a) made of the authority’s own motion which results in a revision of that earlier determination; or

(b) made following written representations in accordance with regulation 67(2) (review of determinations), whether or not resulting in a revision of that earlier determination,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters reviewed.

PART II — awards where income support is payable

9

Where a person on income support is awarded housing benefit, the notice of determination shall include a statement as to–

(a) the weekly amount of personal community charge or collective community charge contributions;

(b) the normal weekly amount of the housing benefit;

(d) the date on which his benefit period will end if it is not terminated earlier; and

(e) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of housing benefit and (without prejudice to the extent of the duty owed under regulation 63 (duty to notify changes of circumstances)) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application without charge.

PART III — awards where no income support is payable

10

Where a person is not on income support but is awarded housing benefit, the notice of determination shall include a statement as to–

(a) the matters set out in paragraph 9;

(b) his applicable amount and how it is calculated;

(d) his weekly income other than earnings.

PART IV — notice where no award is made

11

Where a person is not awarded housing benefit–

(a) either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 51, the notice of determination shall include a statement as to–

(i) the matters set out in paragraph 9(a) and, in a case where the amount of entitlement is less than the minimum amount of housing benefit, paragraph 9(b) also,

(ii) the matters set out in paragraph 10(b) to (d) where the person is not on income support, and

(iii) where the amount of entitlement is less than the minimum amount of housing benefit prescribed, that fact and that such entitlement is not payable;

(b) for any reason other than one mentioned in sub-paragraph (a), the notice of determination shall include a statement as to the reason why no award has been made.

PART V — notice where recoverable overpayment

12

Where the appropriate authority makes a determination that there is a recoverable overpayment within the meaning of regulation 83 (recoverable overpayments), the notice of determination shall include a statement as to–

(a) the fact that there is a recoverable overpayment;

(b) the reason why there is a recoverable overpayment;

(d) how the amount of the recoverable overpayment was calculated;

(e) the benefit weeks to which the recoverable overpayment relates in each benefit period or, where the recoverable overpayment relates to a past period of entitlement as a result of backdating a claim under regulation 59(17) (time and manner in which claims are to be made), in that past period; and

(f) where recovery of the recoverable overpayment is to be made by deduction from housing benefit that fact and the amount of the deduction.

SCHEDULE 6 — CONSTITUTION OF REVIEW BOARDS

1

A Review Board appointed by an authority listed in column (1) of the Table below shall consist of not less than three of the persons specified in relation to that authority in column (2) of that Table.

(1)	(2)
Authority	Composition of Board
1A levying authority or district council.	1Councillors of that authority or council.
2A New Town Corporation.	2Members of that development corporation established under the New Towns (Scotland) Act 1968[^f00100].
3The Scottish Special Housing Association.	3Members of the Association.

2

The members of a Review Board shall appoint one of their number to be the Chairman.

Signed

Signed by authority of the Secretary of State for Social Security.

Nicholas Scott — Minister of State, — Department of Social Security — 31st October 1988

Explanatory note

(This note is not part of the Regulations)

These Regulations have effect to provide for matters concerning entitlement to, the amount of and the claiming and payment of housing benefit in the form of community charge rebates in Scotland in respect of a person’s liability for personal community charges or collective community charge contributions under the Abolition of Domestic Rates Etc (Scotland) Act 1987.

Part I contains general provisions affecting the citation, commencement and interpretation of the Regulations (regulations 1 to 3).

Part II specifies the circumstances in which a person is or is not to be treated as responsible for another person and who is to be treated as a member of the same household as a claimant for housing benefit (regulations 4 to 6).

Part III and Schedule 1 provide for the calculation of the applicable amount for the purpose of determining a person’s entitlement to housing benefit. Provision is made with respect to polygamous marriages and persons receiving free in-patient treatment in a hospital (regulations 7–9).

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