The Housing Benefit Regulations 2006

[^key-9a9a51dd5d89d27b7aa42fd6854810dd]: Words in reg. 46(6) inserted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 6(4)

[^key-6320ae1931c5d9dec6f19499eda295b1]: Reg. 74(9)(be) inserted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 6(6)

[^key-2419bc14b1176f391db21f8509549983]: Sch. 5 para. 35(1A)(c)-(e) substituted for Sch. 5 para. 35(1A)(c)(d) (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(2), 6(7)(a)

[^key-7481aae497ce249570a4e7984806542e]: Words in Sch. 5 para. 35(2)-(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 6(7)(b)

[^key-29004d6d06ee1dd4d8bd8d5b21ddedcc]: Words in Sch. 6 para. 24(6) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 6(8)(b)

[^key-9240e51efb8fe8bf1e6ab0df59b50699]: Words in Sch. 6 para. 24(2)-(5) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 6(8)(b)

[^key-54b7d1b67e3b8f2e3cc83318a3112aa9]: Words in Sch. 6 para. 24(1A) substituted (28.2.2025) by The Social Security (Income and Capital Disregards) (Amendment) Regulations 2025 (S.I. 2025/44), regs. 1(1), 6(8)(a)

[^key-99a7396c2cd18b7a3767169ae067ebfe]: Words in reg. 2(1) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(2)(a)

[^key-4c79d1230399b28742c251f280388b9e]: Reg. 28(11)(d)(ivb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(3)(a)

[^key-e93abfad6483661165a9628ff76009a1]: Reg. 28(11)(eb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(3)(b)

[^key-4f5c6c228786f8b2cef6289fc0e04214]: Words in reg. 2(1) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(2)(b)(i)

[^key-bfcc5997d989a470205c954edec98f9f]: Word in reg. 2(1) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(2)(b)(ii)

[^key-d5990404f80e774702916316f16efbc6]: Words in reg. 2(1) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(2)(c)

[^key-65227283e64daa6286bebb989fb4f334]: Reg. 74(6)(b)(iib) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(4)(a)

[^key-16ea4d86d242afc46701643096aa52fb]: Words in reg. 74(9)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(4)(b)

[^key-c3e683820d8c60a0fc3f4709f35f9310]: Reg. 75F(1)(ezb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(5)(a)

[^key-dd3771f248131737beab97942b28fc11]: Reg. 75F(1)(f)(iiia) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(5)(b)(ii)

[^key-aa8166c32ace3732ea854076b8628004]: Words in reg. 75F(1)(f) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(5)(b)(i)

[^key-4e49ab6ca38e88778a26910106083699]: Sch. 3 para. 16(ab) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(e)

[^key-736e0defaff36f09fa81efdb6306ee34]: Sch. 3 para. 15(1)(bb) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(d)

[^key-4a66355e8a333c3d3d13cf336a19dd79]: Words in Sch. 3 para. 14(2)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(c)(i)

[^key-884a9a2abc2ab44b61b860cf64ac3c6d]: Words in Sch. 3 para. 14(2)(b)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(c)(i)

[^key-9d0a8da01220c4d857f94480341197bb]: Words in Sch. 3 para. 14(4)(a) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(c)(i)

[^key-5f5d3fded5d532dec41b7141d0f69bee]: Sch. 3 para. 14(5)(f) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(c)(ii)

[^key-a51dc6bcb582aeea7d6d897e71e787fe]: Sch. 3 para. 13(1)(a), (iiid) and word inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(b)(ii)

[^key-e5495f96949bd5f7ae436a7e31a70092]: Words in Sch. 3 para. 13(1)(a)(i) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(b)(i)

[^key-83ef51e78eb829f9bf96c69f4fac2daa]: Words in Sch. 3 para. 7(2) inserted (21.3.2025) by The Social Security (Scotland) Act 2018 (Disability Assistance) (Consequential Amendments) Order 2025 (S.I. 2025/227), arts. 1(1), 11(6)(a)

[^key-c693cdbaf231b07c2694ce9577b2d02e]: Word in reg. 2(1) substituted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(2)(a)(i)

[^key-0f8d7a5367e7f0464a0615fc6426ef84]: Words in reg. 2(1) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(2)(a)(ii)

[^key-f5bd205d50b5cab21949e0061c963fb5]: Words in reg. 2(1) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(2)(b)

[^key-5457a35c24c0c7d8f8cebe48d5e33754]: Words in reg. 6(7) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(3)

[^key-747b7f5a32b27eb347f1c9cc26089bfb]: Words in reg. 28(14)(a)(iii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(c)

[^key-4d9d9b53dfb8eec8bf30529de5341f27]: Words in reg. 28(14)(a) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(a)

[^key-84a0b0f2211205d0c6f7f73172bbc813]: Words in reg. 28(14)(b)(ii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(e)

[^key-24aaa9c039649f4a77be17cbb61e3eac]: Words in reg. 28(14)(b) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(d)

[^key-5943df9f46e5f51026c67cbd463df858]: Words in reg. 28(14)(b)(iii) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(f)

[^key-46856aefacba0eedaeaac8e7e0e0a0e4]: Words in reg. 28(14)(a)(i) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(4)(b)

[^key-606891443d7cad9f8f12715b6b9b6656]: Words in reg. 35(1)(i) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(5)

[^key-cce9bea49a3da01605f055d3b3b046f6]: Words in reg. 36(3)(d) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(6)

[^key-68dd8817179b054a665ec7f26ab274a5]: Words in reg. 75E(4) inserted (6.4.2025) by The Neonatal Care Leave and Pay (Consequential Amendments to Subordinate Legislation) Regulations 2025 (S.I. 2025/201), regs. 1(2), 12(7)

[^key-e90bc01a0b719470b12727393c19801d]: Reg. 7(17E)(17F) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 7(2)(b)

[^key-f9a18cfc63f336587e9d673847ff233f]: Words in reg. 7(13D) substituted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 7(2)(a)

[^key-ef3cdd89344ad19ff3dc49e6ea89b5c8]: Reg. 10(3C) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 3(2)(b)(4)

[^key-c3cebe8677a2ae42d66167c469875b15]: Reg. 10(3B)(zzf)(zzg) inserted (18.7.2025) by The Social Security (Habitual Residence, Past Presence and Temporary Absence) (Amendment) Regulations 2025 (S.I. 2025/884), regs. 1(1), 3(1)(2)(b)

[^key-7e9de3b21f392a8c209c617bfd8c1eb6]: Words in reg. 2(1) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(2)(a)

[^key-bdb2352e71e0bec9ccc76b1114530752]: Words in reg. 2(1) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(2)(b)

[^key-b56e8092c99f08b3e65743d77c9d1602]: Reg. 42(7A)(f) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(3)

[^key-d26e927a6cd584594fc8b2e549406028]: Words in reg. 46(6) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(4)

[^key-1415f85362b2a04e2d208835035dcb48]: Reg. 49(4A)(g) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(5)

[^key-14eef5f3070932b9bd3319354d0354d8]: Reg. 74(9)(bf) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(6)

[^key-c9ac73830e9a8e766ab9821c1f9907bf]: Sch. 5 para. 35(1A)(f) inserted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(7)(a)

[^key-a2f4797927ef166c13c56304ef8cccea]: Words in Sch. 5 para. 35(2)-(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(7)(b)

[^key-d6c6e28ea587e9f77a8fc1454ee46520]: Words in Sch. 6 para. 24(6) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(8)(b)

[^key-5be0a50cf93755bbdf300378b1461a16]: Words in Sch. 6 para. 24(2)-(5) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(8)(b)

[^key-b58350abb94f793eb8764f4874af7567]: Words in Sch. 6 para. 24(1A) substituted (22.7.2025) by The Social Security (Income and Capital Disregards) (Amendment) (No. 2) Regulations 2025 (S.I. 2025/778), regs. 1(1), 5(8)(a)

[^key-02a76b20b16868b8866154624230a94c]: Reg. 10(3B)(k) substituted (21.10.2025) by The Housing Benefit (Habitual Residence) (Amendment) Regulations 2025 (S.I. 2025/988), regs. 1(1), 2

[^key-7d51cfeed956020ae9f8ca2ea80cdfed]: Sch. 5 paras. 75, 76 inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(4)

[^key-fa239ca94dbfe063661a238c36ee263f]: Words in reg. 2(1) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(2)

[^key-972a1702d0abdfad92c712d8f2772410]: Words in Sch. 3 para. 17(2) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(3)(a)

[^key-4f488694c65361ba35a4cb21065ba26d]: Words in Sch. 3 para. 17(4) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(3)(b)

[^key-98d5d10b6f5e24a4d4ba7cabbf989289]: Sch. 3 para. 17(5) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(3)(c)

[^key-cfb3474232b1a8ad8e30db05f0176091]: Words in Sch. 6 para. 9(1)(a) substituted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(5)(a)

[^key-bf43b1924c49ef083055a419915c90c8]: Sch. 6 para. 9(1)(j) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 20(5)(b)

[^key-3c2cd233131dbb43f7228d0467f3f1ee]: Reg. 27(3)(a): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(2)(a)

[^key-cadef32732619842b8fb5cf6d8d81df4]: Reg. 27(3)(b): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(2)(b)

[^key-d22eb2a7c9ad1d0f4163fbe00d8e4502]: Sch. 1 para. 6(2)(a): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(5)(a)

[^key-e022251e056a3df2d7508ff501e6a5d4]: Sch. 1 para. 6(2)(b): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(5)(b)

[^key-cf85a16a4c242428404a74b33783251f]: Sch. 1 para. 6(2)(d): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(5)(b)

[^key-11a5dbdfc9b435baa8d73f5a42c314f6]: Sch. 1 para. 6(2)(c): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(5)(c)

[^key-f58442d09efd1f7e8cc558f1d019716e]: Sch. 4 para. 17(1): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(10)

[^key-5d0a69df6f59cfda118bca715aeba68c]: Sch. 4 para. 17(3)(c): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(10)

[^key-94f67df29e75d640a73fc54bc6be18c7]: Sch. 5 para. 56: sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(11)

[^key-19860a68992ed724ba913ff89819aefc]: Sch. 3 Pt. 4 table substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(8), Sch. 5

[^key-d9bbf25ec7bbfb5c1dec4d6713c16b2c]: Sum in Reg. 74(1)(a) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(a)

[^key-f33889f9928f03dabb399c2f4dc6ec4d]: Sum in Reg. 74(1)(b) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(b)

[^key-84d561bbf50a5abb7573687b89299ce1]: Sum in Reg. 74(2)(a) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(c)

[^key-97bbf57fa65f29e4b3633c36075b79a1]: Sum in Reg. 74(2)(b) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(d)(i)

[^key-fb762daa8371382c8076238806a4cdc1]: Sum in Reg. 74(2)(b) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(d)(ii)

[^key-36ffbab0345b49e53e8edfd7e3c93f67]: Sum in Reg. 74(2)(b) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(d)(iii)

[^key-5d8d904afa07fe126f384a83990cd85f]: Sum in Reg. 74(2)(c) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(e)(i)

[^key-ba61983816690f3b30d6af44e97f1360]: Sum in Reg. 74(2)(c) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(e)(ii)

[^key-8551b959b41b166bdc0a9491e201b80f]: Sum in Reg. 74(2)(c) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(e)(iii)

[^key-e1124e385bc13f809d96bb82f0bd1e5b]: Sum in Reg. 74(2)(d) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(f)(i)

[^key-b79ec2528b6d9dcd4a4b1686848c9720]: Sum in Reg. 74(2)(d) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(f)(ii)

[^key-7b080fb9bdf79e82b53c01d542928ddd]: Sum in Reg. 74(2)(d) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(f)(iii)

[^key-b2f08d9660f5213e0b98c1d0a0ca3cf7]: Sum in Reg. 74(2)(e) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(g)(i)

[^key-a6a8463b8a9f6dca82be0d86eb6ab79d]: Sum in Reg. 74(2)(e) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(g)(ii)

[^key-ac42417a54ea584625db058fa5803165]: Sum in Reg. 74(2)(e) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(3)(g)(iii)

[^key-f458a7b620e4b39db8d2d8e4cf8f6898]: Sum in Sch. 1 para. 2(2)(a) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(a)

[^key-4b3c7da5e66831a38cf28d265d058d4f]: Sum in Sch. 1 para. 2(2)(b)(i) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(a)

[^key-e7215c4666b95a41345ba2761175b4c3]: Sum in Sch. 1 para. 2(2)(b)(ii) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(b)

[^key-10953f4518bd7892cb774a1d4ff87abe]: Sum in Sch. 1 para. 2(3)(a) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(c)

[^key-1d0904f59bad4b0ab6a08569f06dc5c3]: Sum in Sch. 1 para. 2(3)(b)(i) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(c)

[^key-0b7ed31f644c43c5c88d81116d5948bd]: Sum in Sch. 1 para. 2(3)(b)(ii) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(d)

[^key-d7027bf6fb7fe6ce48be4ca6006c1408]: Sum in Sch. 1 para. 2(5) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(4)(e)

[^key-6920e041ae3d3f6a81f44381511ee91d]: Sch. 3 para. 1 table substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(6)(a), Sch. 4

[^key-28b3dd417b2f63024498321a7097566a]: Sum in Sch. 3 para. 2(1)(a) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(6)(b)

[^key-80d15abef40e8a41a4b2c39d1e166781]: Sum in Sch. 3 para. 2(1)(b) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(6)(b)

[^key-14113d80953bce1af842c667e058fd79]: Sum in Sch. 3 para. 3(1)(b) substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(7)(b)

[^key-d2789171766e2897ed4e83f466cbfc87]: Sch. 3 para. 3(1)(a): sum confirmed (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up-rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(7)(a)

[^key-2413a2ef57bd24628c5be2c83b2e7a8f]: Sum in Sch. 3 para. 25 substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(9)(a)

[^key-e8c0fb9fb47ee1f5c0d1d2f25abacbbc]: Sum in Sch. 3 para. 26 substituted (1.4.2026 for specified purposes, 6.4.2026 in so far as not already in force) by The Social Security Benefits Up Rating Order 2026 (S.I. 2026/148), arts. 1(3)(h), 23(9)(b)

[^key-ddeae6c801c619f9475e0ef891c088ac]: Words in reg. 22(1)(b) substituted (6.4.2026) by The Social Security (Removal of Two Child Limit) (Consequential Amendments) Regulations 2026 (S.I. 2026/316), regs. 1(1), 2(2)(a)

[^key-95a7d0f935c223b11df7c7e017b1bd17]: Reg. 22(2)-(5) omitted (6.4.2026) by virtue of The Social Security (Removal of Two Child Limit) (Consequential Amendments) Regulations 2026 (S.I. 2026/316), regs. 1(1), 2(2)(b)

[^key-2efb32b5924d4a32c6a4c5fb7685dd08]: Words in reg. 23(1)(c) substituted (6.4.2026) by The Social Security (Removal of Two Child Limit) (Consequential Amendments) Regulations 2026 (S.I. 2026/316), regs. 1(1), 2(3)(a)

[^key-c4e61d3745e0ac57c5ae130622e465b3]: Reg. 23(2)-(5) omitted (6.4.2026) by virtue of The Social Security (Removal of Two Child Limit) (Consequential Amendments) Regulations 2026 (S.I. 2026/316), regs. 1(1), 2(3)(b)

Cases in which payments to a housing authority are to take the form of a rent allowance

91A

• (1) Where the occupier of a dwelling is liable to make payments in respect of that dwelling to a housing authority as a result of the making of an order specified in paragraph (2), housing benefit in respect of those payments shall take the form of a rent allowance.

• (2) The orders specified for the purposes of paragraph (1) are—

• (a) a management control order made in accordance with section 74 of the Antisocial Behaviour etc. (Scotland) Act 2004;

• (b) an interim management order made in accordance with section 102 of the Housing Act 2004;

• (c) a final management order made in accordance with section 113 of that Act;

• (d) an interim empty dwelling management order made in accordance with section 133 of that Act; and

• (e) a final empty dwelling management order made in accordance with section 136 of that Act.

• (3) Where—

• (a) the occupier of a caravan, mobile home or houseboat is liable to make payments in respect of that caravan, mobile home or houseboat and housing benefit in relation to those payments takes the form of a rent allowance; and

• (b) the occupier is also liable to make payments to a housing authority in respect of the site on which that caravan or mobile home stands, or in respect of the mooring to which the houseboat is attached,

housing benefit in respect of payments to the housing authority shall take the form of a rent allowance.

Frequency of payment of a rent allowance

Payment on account of a rent allowance

Payment to be made to a person entitled

Circumstances in which payment is to be made to a landlord

Circumstances in which payment may be made to a landlord

Payment on death of the person entitled

Offsetting

Treatment of fee loans

64A

A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.

Treatment of payments from access funds

Disregard of contribution and rent

Further disregard of student's income

Amounts treated as capital

Disregard of changes occurring during summer vacation

14A

• (1) Any payment made to the claimant or the claimant’s partner in consequence of any personal injury to the claimant or, as the case may be, the claimant’s partner.

• (2) But sub-paragraph (1)—

• (a) applies only for the period of 52 weeks beginning with the day on which the claimant first receives any payment in consequence of that personal injury;

• (b) does not apply to any subsequent payment made to him in consequence of that injury (whether it is made by the same person or another);

• (c) ceases to apply to the payment or any part of the payment from the day on which the claimant no longer possesses it;

• (d) does not apply to any payment from a trust where the funds of the trust are derived from a payment made in consequence of any personal injury to the claimant.

• (3) For the purposes of sub-paragraph (2)(c), the circumstances in which a claimant no longer possesses a payment or a part of it include where the claimant has used a payment or part of it to purchase an asset.

• (4) References in sub-paragraphs (2) and (3) to the claimant are to be construed as including references to his partner (where applicable).

Electronic claims for benefit

83A

A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 11.

Date of claim where claim sent or delivered to an office of a designated authority

Evidence and information

Amendment and withdrawal of claim

Duty to notify changes of circumstances

Notice of changes of circumstances given electronically

88A

• (1) A person may give notice of a change of circumstances required to be notified under regulation 88 by means of an electronic communication in accordance with Schedule 11.

• (2) Where—

• (a) the change of circumstances required to be notified is a death; and

• (b) the authority administering the claimant's housing benefit agrees with the Secretary of State that notifications may be made in accordance with regulation 88ZA(1) (alternative means of notifying changes of circumstances),

a person may give notice of the change to the Secretary of State by means of an electronic communication in accordance with the provisions set out in Schedule 9ZC to the Social Security (Claims and Payments) Regulations 1987 (electronic communication).

• (3) The provisions set out in that Schedule shall apply for the purposes of paragraph (2) as they apply for the purposes of regulation 32ZA of the Social Security (Claims and Payments) Regulations 1987 (information given electronically).

• (4) The Secretary of State must forward information received in accordance with paragraph (2) to the authority administering the claimant's housing benefit.

SCHEDULE 11 — Electronic Communication

PART 1 — Introduction

Interpretation

1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Secretary of State for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

PART 2 — Electronic Communication – General Provisions

Conditions for the use of electronic communication

2

• (1) The relevant authority may use an electronic communication in connection with claims for, and awards of, benefit under these Regulations.

• (2) A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

• (3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the Chief Executive of the relevant authority.

• (4) The second condition is that the person uses an approved method of—

• (a) authenticating the identity of the sender of the communication;

• (b) electronic communication;

• (c) authenticating any claim or notice delivered by means of an electronic communication; and

• (d) subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.

• (5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.

• (6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the Chief Executive of the relevant authority.

• (7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

• (8) In this paragraph “approved” means approved by means of a direction given by the Chief Executive of the relevant authority for the purposes of this Schedule.

Use of intermediaries

3

The relevant authority may use intermediaries in connection with—

• (a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

• (b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

PART 3 — Electronic Communication – Evidential Provisions

Effect of delivering information by means of electronic communication

4

• (1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

• (a) by this Schedule; and

• (b) by or under an enactment,

are satisfied.

• (2) The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

• (3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identity of sender or recipient of information

5

If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

• (a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

• (b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information

6

• (1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

• (a) any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

• (b) any such claim, certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

• (2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

• (3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system..

11A

This paragraph applies to a shared ownership tenancy.

Verifying information

109A

A relevant authority may verify relevant information supplied to, or obtained by, the authority in accordance with regulation 109.

Recording and holding information

Forwarding of information

Request for information

28A

• (1) Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) or section 110 of the Social Services and Well-being (Wales) Act 2014 (support for category 3 young people) to a person (“A”) which A passes on to the claimant.

• (2) Sub-paragraph (1) applies only where A—

• (a) was formerly in the claimant’s care, and

• (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

• (c) continues to live with the claimant.

19A

• (1) Subject to sub-paragraph (2), any payment (or part of a payment) made by a local authority in accordance with section 23C of the Children Act 1989 or section 26A or 29 of the Children (Scotland) Act 1995 (local authorities’ duty to promote welfare of children, duty to provide continuing care and provision of advice and assistance for certain young persons) or section 110 of the Social Services and Well-being (Wales) Act 2014 (support for category 3 young people) to a person (“A”) which A passes on to the claimant.

• (2) Sub-paragraph (1) applies only where A—

• (a) was formerly in the claimant’s care, and

• (b) is aged 18 or over or, in the case of a payment or part of a payment made in accordance with section 26A of the Children (Scotland) Act 1995, aged 16 or over, and

• (c) continues to live with the claimant.

Eligible rent

12B

• (1) The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where any of the following provisions applies—

• (a) regulation 12BA (eligible rent and maximum rent (social sector));

• (b) regulation 12C (eligible rent and maximum rent);

• (c) regulation 12D (eligible rent and maximum rent (LHA));

• (d) paragraph 4 of Schedule 3 to the Consequential Provisions Regulations.

• (2) Subject to paragraphs (3), (4) and (6), the amount of a person’s eligible rent shall be the aggregate of such payments specified in regulation 12(1) as that person is liable to pay less—

• (a) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (5);

• (b) where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and

• (c) where he is liable to make payments in respect of any service charges to which regulation 12(1)(e) does not apply, but to which paragraph 3(2) of Part 1 of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Part 1 of Schedule 1.

• (3) Where the payments specified in regulation 12(1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion of those payments as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.

• (4) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in regulation 12(1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.

• (5) The amount of the deduction referred to in paragraph (2) shall be—

• (a) if the dwelling occupied by the claimant is a self-contained unit, except in a case to which sub-paragraph (c) applies, the amount of the charges;

• (b) in any other case, except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

• (c) where the charges vary in accordance with the amount of water actually used, the amount which the appropriate authority considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

• (6) In any case where it appears to the relevant authority that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to that authority to be an appropriate rent in that particular case.

Eligible rent and maximum rent

12C

• (1) This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 13 (maximum rent).

• (2) Where this regulation applies, except where paragraph (3) applies, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (6) of regulation 12B.

• (3) In a case where the maximum rent is derived from a single room rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order the eligible rent shall be the maximum rent subject to paragraphs (3) and (6) of regulation 12B.

Eligible rent and maximum rent (LHA)

12D

• (1) Except where regulation 12M (transitional protection – reduction in LHA) applies, this regulation applies where, by virtue of paragraphs (2) or (3) of regulation 13C (when a maximum rent (LHA) is to be determined), a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 13D (determination of a maximum rent (LHA)).

• (2) Where this regulation applies, except where paragraphs (3)(a) (protection on death) or (5)(a) (13 week protection) apply,—

• (a) the amount of a person’s eligible rent shall be the maximum rent (LHA); and

• (b) it shall apply until the earlier of—

• (i) the determination of a maximum rent (LHA) by virtue of regulation 13C(2)(d) (change of category of dwelling, death or change of dwelling for an LHA case);

• (ii) the determination of a maximum rent (LHA) by virtue of regulation 13C(3) (anniversary of LHA date); or

• (iii) the determination of a maximum rent by virtue of regulation 13 or an eligible rent under regulation 12B.

• (3) Subject to paragraph (7), where the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a), (b) (new claim on or after 7th April 2008) or (d)(i) or (ii) (change of category of dwelling or death relating to an LHA case) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any linked person, the eligible rent shall be—

• (a) either—

• (i) the eligible rent which applied on the day before the death occurred; or

• (ii) in a case where there was no eligible rent, subject to regulation 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent), the reckonable rent due on that day; or

• (b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent determined in accordance with sub-paragraph (a).

• (4) For the purpose of paragraph (3), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.

For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—

• (a) any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

• (b) any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

• (5) Subject to paragraphs (6) and (7), where a relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a) or (b) (new claim on or after 7th April 2008) and the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be—

• (a) an eligible rent determined in accordance with regulation 12B(2); or

• (b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent referred to in sub-paragraph (a).

• (6) Paragraph (5) shall not apply where a claimant or the claimant’s partner, was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

• (7) Where a person’s eligible rent has been determined in accordance with—

• (a) paragraph (3)(a) (protection on death), it shall apply until the first of the following events occurs—

• (i) the period of 12 months from the date of death has expired;

• (ii) the relevant authority determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 13C(2)(d)(iii) (change of dwelling);

• (iii) the determination of an eligible rent in accordance with paragraph (3)(a) (protection on death) in relation to a subsequent death; or

• (iv) the determination of a maximum rent by virtue of regulation 13, a maximum rent (social sector) by virtue of regulation A13 or an eligible rent under regulation 12B.

• (b) paragraph (5)(a) (13 week protection), it shall apply until the first of the following events occurs—

• (i) the first 13 weeks of the claimant’s award of housing benefit have expired;

• (ii) the relevant authority determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 13C(2)(d)(iii) (change of dwelling);

• (iii) the determination of an eligible rent in accordance with paragraph (3)(a) (protection on death); or

• (iv) the determination of a maximum rent by virtue of regulation 13, a maximum rent (social sector) by virtue of regulation A13 or an eligible rent under regulation 12B.

• (8) Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) (expiry of protection on death) or (7)(b)(i) (expiry of 13 week protection), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).

Maximum rent

Protection on death and 13 week protection

13ZA

• (1) In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of a linked person, the maximum rent shall be either—

• (a) the maximum rent which applied before the death occurred; or

• (b) in a case where there was no maximum rent, the reckonable rent due before the death occurred,

for a period of 12 months from the date of such a death.

• (2) For the purposes of paragraph (1), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.

For the purpose of paragraph (1), a claimant is treated as occupying the dwelling if—

• (a) any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

• (b) any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.

• (3) Subject to paragraph (4), where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant’s award of housing benefit.

• (4) Paragraph (3) shall not apply where a claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

Change in reckonable rent

13ZB

• (1) In a case where—

• (a) the authority has determined a maximum rent under regulation 13 or 13ZA; and

• (b) during the period for which that maximum rent applies the reckonable rent in respect of the dwelling by reference to which that maximum rent was determined is reduced to a sum which is less than that maximum rent,

the maximum rent shall be reduced to an amount equal to the reduced reckonable rent.

• (2) This paragraph applies in a case where—

• (a) a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by an authority under regulation 14(1)(e) (pre-tenancy determination);

• (b) subsequent to that determination the reckonable rent for that dwelling is changed; and

• (c) a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

• (3) In a case to which paragraph (2) applies, where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if the reckonable rent had not changed, the maximum rent shall be the reckonable rent as so reduced.

• (4) In any other case to which paragraph (2) applies, the authority shall treat the reckonable rent to be that applicable to the determination by the rent officer referred to in paragraph (2)(a).

When a maximum rent (LHA) is to be determined

13C

• (1) A relevant authority shall determine a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)) in any case where paragraphs (2) or (3) apply.

• (2) This paragraph applies where a relevant authority has received—

• (a) a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

• (b) relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

• (c) in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 13A or 13D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

• (d) in relation to an award of housing benefit where a maximum rent (LHA) was determined in accordance with regulation 13D—

• (i) notification of a change of a kind which affects the category of dwelling applicable to the claim;

• (ii) notification of the death of a linked person, where the notification does not fall within head (i); ...

• (iii) notification of a change of dwelling or

• (iv) notification of a change of a kind which affects the amount of the claimant’s cap rent as determined in accordance with regulation 13D (determination of a maximum rent (LHA)).

• (3) This paragraph applies on 1st April in any year.

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

• (5) This regulation does not apply in a case where—

• (a) the landlord is—

• (i) a registered social landlord,

• (ii) a non-profit registered provider of social housing, or

• (iii) in relation to a dwelling which is social housing (within the meaning of sections 68 to 77 of the Housing and Regeneration Act 2008), a profit-making registered provider of social housing;

• (b) paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;