Legalize / United Kingdom / Statutory-Instrument

The Housing Benefit Regulations 2006

Type Statutory-Instrument

Publication 2006-02-02

Last updated 2026-04-06

State In force

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(d) the claim or award relates to—

(i) periodical payments of kind falling within regulation 12(1) (rent) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or

(ii) rent payable in relation to a hostel; or

(e) rent under the tenancy is attributable to board and attendance, and—

(i) the relevant authority has made an application to the rent officer in accordance with regulation 13D(10) (board and attendance determination), regulation 15 (applications to the rent officer for determinations) or regulation 17 (substitute determinations or substitute redeterminations); and

(ii) the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the relevant authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order.

(6) In this regulation—

“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996 or, in Scotland, section 165 of the Housing (Scotland) Act 2010.

Determination of a maximum rent (LHA)

13D

(1) Subject to paragraph (3) to (11), the maximum rent (LHA) shall be the local housing allowance determined by the rent officer by virtue of article 4B(2A) or (4) of the Rent Officers Order which is applicable to—

(a) the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

(b) the category of dwelling which applies at the relevant date in accordance with paragraph (2).

(2) The category of dwelling which applies is—

(a) the category specified in paragraph 1(1)(a) of Schedule 3B to the Rent Officers Order (one bedroom shared accommodation) where—

(i) the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 14 of Schedule 3 (severe disability premium) does not apply; or

(ii) paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and neither the claimant nor his partner (where he has one) is a person to whom paragraph 14 of Schedule 3 (severe disability premium) applies, or to whom the circumstances in any of paragraphs (b) to (f) or (i) of the definition of young individual applies (certain care leavers);

(b) except where paragraph (a)(i) applies, the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria as set out in paragraph (3) and—

(i) the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or

(ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,

and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

(c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraphs (3) to (3B) up to a maximum of four bedrooms.

(3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—

(za) a member of a couple who cannot share a bedroom;

(zb) a member of a couple who can share a bedroom;

(a) a couple...;

(b) a person who is not a child;

(ba) a child who cannot share a bedroom or a member of a couple who cannot share a bedroom;

(d) two children who are less than 10 years old;

(e) a child.

but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child or the member of the couple were able to share a bedroom.

...

(3A) The claimant is entitled to one additional bedroom in any case where—

(a) one or more of the following persons is a person who requires overnight care—

(i) the claimant;

(ii) the claimant’s partner;

(iii) a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

(iv) a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or

(b) the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.

(3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.

(4) The relevant authority shall determine —

(a) the cap rent (in accordance with the definition in paragraph (12)); and

(b) whether the cap rent exceeds the applicable local housing allowance.

(5) Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.

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

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

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) The relevant authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order where—

(a) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C; and

(b) part of the rent under the tenancy appears to the relevant authority to be likely to be attributable to board and attendance.

(11) Where an application to a rent officer is required in accordance with paragraph (10) it shall be made within the same period following the day on which the relevant authority becomes obliged to determine a maximum rent (LHA) by virtue of regulation 13C as would be required if the application were to be made under regulation 14(1).

(12) In this regulation—

“cap rent” means the aggregate of such payments specified in regulation 12(1) (rent) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8 (circumstances in which a person is treated as liable to make payments in respect of a dwelling), 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);

“occupiers” means—the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; andany member of the armed forces away on operations who—is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;was the claimant’s non-dependant before they became a member of the armed forces away on operations; andintends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;

“relevant date” means, as the case may require—the date of the claim to which the claim or relevant information referred to in regulation 13C(2)(a) or (b) relates;the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 13C(2)(c) or (d) relates; orthe date on which the anniversary of the LHA date referred to in regulation 13C(3) falls.

“tenancy” includesin Scotland, any other right of occupancy; andin any other case, a licence to occupy premises,and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly.

Publication of local housing allowances

13E

(1) A relevant authority shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas falling in whole or in part within its area, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the authority.

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for redetermination by rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

18A

(1) This regulation applies where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination by a rent officer.

(2) Where that amended determination has led to a reduction in the maximum rent (LHA) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant.

(3) Where that amended determination has led to an increase in the maximum rent (LHA) applicable to a claimant, the amended determination shall have effect in place of the original determination.

Information to be provided to rent officers

114A

(1) This paragraph applies to every claim for or award of housing benefit in the form of a rent allowance where the eligible rent has been, or is to be determined, in accordance with—

(a) regulation 12(3)(a) (rent) or 12C (eligible rent and maximum rent), as the case may require;

(b) regulation 12D (eligible rent and the maximum rent (LHA)) or any of regulations 12E to 12K (transitional protection for pathfinder cases), as the case may require; or

(c) regulations 12 (rent) and 13 (maximum rent) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations.

(2) No earlier than the first, and no later than the fifth, working day of every month a relevant authority shall provide the following information to the rent officer in relation to every claim for or award of housing benefit to which paragraph (1) applied in the preceding month—

(a) the address, including any room or unit number, house or flat number or name, and the postcode of the dwelling to which the claim or award relates;

(b) where the claim or award relates to mooring charges for a houseboat, or payments in respect of the site on which a caravan or mobile home stands, the mooring or plot number and the address of the mooring or site, including the postcode;

(d) the amount of rent and the rental period, whether calendar monthly, four weekly, weekly or some other period;

(e) where the claimant has the use of two or more bedrooms, the number of bedrooms and rooms suitable for living inthat there are in the dwelling, and in this sub-paragraph “bedroom”does not include a bedroom which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

(f) whether the tenant (together with his partner where he has one) has exclusive use of only one bedroom, and if so, whether they have exclusive use of a kitchen, bathroom, toilet and a room suitable for living in;

(g) whether the tenant has exclusive use of only one bedroom, and if so, which, if any, of the following the tenancy provides for him to share—

(i) a kitchen;

(ii) a bathroom;

(iii) a toilet; or

(iv) a room suitable for living in;

(h) the date on which entitlement to housing benefit began; and

(i) where applicable, the date on which entitlement to housing benefit ended.

(3) Where the relevant authority is required to apply to the rent officer for a board and attendance determination by virtue of regulation 13D(10) (determination of a maximum rent (LHA)), it shall provide the following information in the application to the Rent Officer—

(a) the address, including any room or unit number, house or flat number or name and the postcode of the dwelling to which the claim or award relates;

(b) the date on which the tenancy began;

(d) the total amount of those payments referred to in regulation 12(1) (rent) which the claimant is liable to make in respect of the dwelling which he occupies as his home;

(e) whether those payments include any charges for water, sewerage or allied environmental services or charges in respect of meals or fuel which are ineligible for housing benefit; and

(f) where those payments include any charges that are ineligible for housing benefit by reason of paragraph 1(a)(iv) and (c) to (f) of Schedule 1 (ineligible service charges), that such charges are included, and the value of those charges as determined by that authority pursuant to regulation 12B(2) and that Schedule.

(4) Where the relevant authority has identified charges to which paragraph (3)(f) applies, it shall—

(a) deduct those charges from the total amount of those payments which, in accordance with paragraph (3)(d), it has stated that the claimant is liable to make in respect of the dwelling which he occupies as his home; and

(b) notify that total so reduced to the rent officer in its application.

(5) Where a relevant authority has received notification from the rent officer that a substantial part of the rent is attributable to board and attendance, it shall provide the information referred to in paragraphs (7) and (8), except for such information as it has already provided in accordance with paragraphs (3) and (4).

(6) Where the relevant authority is required to apply to the rent officer for a determination by virtue of regulation 14(1) (requirement to refer to rent officers), it shall provide the information referred to in paragraphs (7) to (9) in the application to the rent officer.

(7) In relation to the dwelling to which the claim or award relates, the relevant authority shall provide the following information—

(a) the address, including any room or unit number, house or flat number or name and the postcode of the dwelling;

(b) where the claim or award relates to mooring charges for a houseboat, or payments in respect of the site on which a caravan or mobile home stands, the mooring or plot number and the address of the mooring or site, including the postcode;

(i) a detached house;

(ii) a semi-detached house;

(iii) a terraced house;

(iv) a maisonette;

(v) a detached bungalow;

(vi) a semi-detached bungalow;

(vii) a flat in a house;

(viii) a flat in a block;

(ix) a flat over a shop;

(x) a bedsit or rooms or a studio flat;

(xi) a hostel;

(xii) a caravan, mobile home or houseboat;

(xiii) board and lodgings;

(xiv) a hotel;

(xv) a care home;

(xvi) an independent hospital; or

(xvii) some other description of dwelling, and if so what;

(d) whether the dwelling has central heating, a garden, a garage or a parking space;

(e) how many rooms suitable for living in there are—

(i) in the dwelling;

(ii) in the dwelling which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

(f) how many bedsitting rooms there are in the categories (e)(i) and (ii);

(g) how many bedrooms there are in the categories (e)(i) and (ii);

(h) how many bathrooms or toilets there are in the categories (e)(i) and (ii); and

(i) such other information as the rent officer may reasonably require to make a determination.

(8) In relation to the tenancy to which the claim or award relates, the relevant authority shall provide the following information—

(a) the information referred to in paragraphs (3)(d) to (f) and (4);

(b) if the tenancy is furnished, and if so, to what extent;

(d) the length of the tenancy;

(e) when the tenancy began and, if appropriate, when it ended;

(h) the landlord’s or letting agent’s name;

(i) the landlord’s or letting agent’s business address;

(j) whether the landlord is a housing association, private registered provider of social housing or registered social landlord; and

(k) such other information as the rent officer may reasonably require to make a determination.

(9) In relation to the claimant and the other occupiers of the dwelling to which the claim or award relates, the relevant authority shall provide the following information—

(a) such information regarding the relationship of the claimant to the occupiers and the occupiers to each other, as is necessary for the rent officer to make the determination;

(b) the age and sex of each occupier under 18;

(ca) whether any person mentioned in regulation 13D(3A)(a) is a person who requires overnight care;

(d) any other information that is relevant to the rent officer in making the determination, including visits to the dwelling.

(10) Where a rent officer serves a notice under article 5 (insufficient information) of the Rent Officers Order the relevant authority shall supply the further information required under this regulation, or confirm whether information already supplied is correct and, if it is not, supply the correct information.

(11) Where the relevant authority refers a case to the rent officer in accordance with regulation 14 as in force before the coming into force of regulation 8 of the Housing Benefit (Local Housing Allowance and Information Sharing) Amendment Regulations 2007, it shall notify the rent officer that the referral is made in accordance with regulation 14 as in force before the coming into force of regulation 8 of those Regulations.

(12) In this regulation—

“tenancy” includes—in Scotland, any other right of occupancy; andin any other case, a licence to occupy premises,and reference to a tenant, landlord or any other expression appropriate to a tenancy shall be construed accordingly;

“working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the jurisdiction in which the area of the relevant authority is situated.

Information to be supplied by an authority to another authority

Supply of information – extended payments (qualifying contributory benefits)

Requiring information from landlords and agents

Circumstances for requiring information

Relevant information

Manner of supply of information

Criminal offence

Modifications in respect of former pathfinder authorities

SCHEDULE2 — Excluded tenancies

1

An excluded tenancy is any tenancy to which any of the following paragraphs applies.

2

(1) Subject to the following sub-paragraphs, where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—

(a) the tenancy in respect of which that determination was made; and

(b) any other tenancy of the same dwelling on terms which are substantially the same, other than the term relating to the amount of rent, as those terms were at the time of that determination or, if earlier, at the end of the tenancy.

(2) For the purposes of any claim, notification, request or application under regulation 14(1) (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer’s determination made in consequence of an earlier claim, notification, request or application (“the earlier application”) where—

(a) the earlier and later applications were made in respect of the same claimant or different claimants; and

(b) the earlier application was made more than 52 weeks before the later application was made.

(3) Sub-paragraph (1) shall not apply where subsequent to the making of the determination mentioned in that sub-paragraph—

(a) the number of occupiers of the dwelling has changed and that dwelling is not in a hostel;

(b) there has been a substantial change in the condition of the dwelling (including the making of improvements) or the terms of the tenancy other than a term relating to rent;

(c) there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that determination was made (or was a term substantially the same as such a term) and that determination was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 1 to the Rent Officers Order;

(d) in a case where the rent officer has made a determination under paragraph 2(2) of Schedule 1 to the Rent Officers Order (size and rent determinations), but since the date of the application for that determination—

(i) a child, who is a member of the household occupying the dwelling, has attained the age of 10 years; or

(ii) a young person, who is a member of the household occupying that dwelling, has attained the age of 16 years; or

(iii) there is a change in the composition of the household occupying the dwelling;

(e) the claimant is a young individual, except in a case where the determination mentioned in sub-paragraph (1) was, or was made in conjunction with, a determination of a single room rent pursuant to paragraph 5 of Schedule 1 to the Rent Officers Order on or after 2nd July 2001.

3

(1) This paragraph applies where the landlord is a registered housing association, except in a case where the local authority considers that—

(a) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b) the rent payable for that dwelling is unreasonably high.

(2) Where the circumstances set out in head (a) or (b) of sub-paragraph (1) above exist, the authority shall so state in their application for a determination.

4

This paragraph applies to a tenancy entered into before—

(a) in Scotland, 2nd January 1989; and

(b) in any other case, 15th January 1989.

5

This paragraph applies to a regulated tenancy within the meaning of—

(a) in Scotland, the Rent (Scotland) Act 1984; and

(b) in any other case, the Rent Act 1977.

6

This paragraph applies to a housing association tenancy which—

(a) in Scotland, is a tenancy to which Part 6 of the Rent (Scotland) Act 1984 applies; and

(b) in any other case, is a housing association tenancy to which Part 6 of the Rent Act 1977 applies.

7

This paragraph applies to a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976.

8

This paragraph applies to a tenancy at a low rent within the meaning of Part 1 of the Landlord and Tenant Act 1954 or Schedule 10 to the Local Government and Housing Act 1989.

9

This paragraph applies to a tenancy of any dwelling which is a bail hostel or probation hostel approved by the Secretary of State under section 9(1) of the Criminal Justice and Court Services Act 2000.

10

This paragraph applies to a tenancy of a housing action trust established under Part 3 of the Housing Act 1988.

11

(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—

(a) in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;

(b) in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985 or section 12 of the Housing (Scotland) Act 1987;

(c) in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996, otherwise than from a housing action trust within the meaning of Part 3 of the Housing Act 1988, or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or

(d) in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990 to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968 to a housing association.

(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—

(a) there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and

(b) the local authority stated in the application for determination that—

(i) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or

(ii) the rent payable for that dwelling is unreasonably high.

(3) Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.

12

This paragraph applies to a shared ownership tenancy.

13

In this Schedule, “rent” shall be construed in accordance with paragraph (8) of regulation 14 (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that paragraph, has the same meaning—

(a) in Scotland, as in section 25 of the Housing (Scotland) Act 1988, except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;

(b) in any other case, as in section 14 of the Housing Act 1988, except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,

and—

(i) other expressions have the same meanings as in regulation 14(8);

(ii) in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.

Amendment of regulation 2

Amendment of regulation 11

Amendment of regulation 12B

Amendment of regulation 12D

Insertion of regulations 12E to 12K

Amendment of regulation 13C

Amendment of regulation 13D

Additional Condition for the...Disability Premium

Supply of benefit administration information between authorities

121A

(1) For the purpose of section 122E(3) of the Administration Act (supply of information between authorities administering benefit) the circumstances in which information is to be supplied and the information to be supplied are set out in paragraph (2).

(2) Where the functions of an authority (“Authority A”) relating to housing benefit are being exercised, wholly or in part, by another authority (“Authority B”)—

(a) Authority A must supply to Authority B any benefit administration information it holds which is relevant to, and necessary for, Authority B to exercise those functions; and

(b) Authority B must supply to Authority A any benefit administration information it holds which is relevant to, and necessary for, Authority A to exercise those functions.

(3) The circumstances in which paragraph (2) applies include cases where the authorities have agreed to discharge functions jointly.

(4) In paragraph (2) “Authority A” and “Authority B” include any person authorised to exercise functions relating to housing benefit on behalf of the authority in question.

(5) This regulation shall not apply if the person or authority to whom the information is to be supplied agrees that the information need not be supplied.

Duration of extended payment period

72A

(1) Where a claimant is entitled to an extended payment, the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying income-related benefit.

(2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying income-related benefit on the day immediately following the last day of entitlement to that benefit.

(3) The extended payment period ends—

(a) at the end of a period of four weeks; or

(b) on the date on which the claimant to whom the extended payment is payable has no liability for rent, if that occurs first.

Amount of extended payment

72B

(1) For any week during the extended payment period the amount of the extended payment payable to a claimant shall be the higher of—

(a) the amount of housing benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying income-related benefit;

(b) the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 72 (extended payments) did not apply to the claimant; or

(c) the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 72 did not apply to the claimant.

(2) Paragraph (1) is subject to paragraphs (3) to (6) and does not apply in the case of a mover.

(3) Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.

(4) Where—

(a) a claimant is entitled to an extended payment by virtue of regulation 72(4) (early vacation of dwelling); and

(b) the last benefit week before the claimant ceased to be entitled to a qualifying income-related benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 80(3)(c) (calculation of rent for a partial week),

the last benefit week for the purpose of calculating the amount of the extended payment under paragraph (1)(a) shall be the benefit week before the partial week.

(5) Where—

(a) a claimant was treated as occupying two dwellings as the claimant’s home under regulation 7(6) (liability to make payments in respect of two homes) at the time when the claimant’s entitlement to a qualifying income-related benefit ceased; and

(b) the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,

the amount of the extended payment for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

(6) No extended payment is payable for any rent free period as defined in regulation 81(1) (rent free periods).

(7) Where a claimant is in receipt of an extended payment under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

Extended payments – movers

72C

(1) This regulation applies—

(a) to a mover; and

(b) from the Monday following the day of the move.

(2) The amount of the extended payment payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of housing benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit.

(3) Where a mover’s liability to make payments for the new dwelling is to the second authority, the extended payment may take the form of a payment from the appropriate authority to—

(a) the second authority; or

(b) the mover directly.

(4) Where—

(a) a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying income-related benefit; and

(b) the mover, or the mover’s partner, is in receipt of an extended payment from the appropriate authority,

the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment until the end of the extended payment period.

(5) The reduction of housing benefit made by the second authority under paragraph (4) is subject to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).

(6) Where the last benefit week referred to in paragraph (2) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.

(7) No extended payment is payable for any rent free period as defined in regulation 81(1) (rent free periods).

Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement

72D

(1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying income-related benefit in the circumstances listed in regulation 72(1)(b), that award will not cease until the end of the extended payment period.

(2) Part 9 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment payable in accordance with regulation 72B(1)(a) or 72C(2) (amount of extended payment – movers).

Extended payments (severe disablement allowance and incapacity benefit)

Duration of extended payment period (qualifying contributory benefits)

73A

(1) Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.

(2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.

(3) The extended payment period ends—

(a) at the end of a period of four weeks; or

(b) on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent, if that occurs first.

Amount of extended payment (qualifying contributory benefits)

73B

(1) For any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of—

(a) the amount of housing benefit to which the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;

(b) the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 73 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or

(c) the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 73 did not apply to the claimant.

(2) Paragraph (1) is subject to the paragraphs (3) to (6) and does not apply in the case of a mover.

(3) Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.

(4) Where—

(a) a claimant is entitled to an extended payment (qualifying contributory benefits) by virtue of regulation 73(2) (early vacation of dwelling); and

(b) the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 80(3)(c) (calculation of rent for a partial week),

the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.

(5) Where—

(a) a claimant was treated as occupying two dwellings as the claimant’s home under regulation 7(6) (liability to make payments in respect of two homes) at the time when the claimant’s entitlement to a qualifying contributory benefit ceased; and

(b) the claimant’s liability to pay rent for either of those dwellings ceases during the extended payment period,

the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

(6) No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 81(1) (rent free periods).

(7) Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

Extended payments (qualifying contributory benefits) – movers

73C

(1) This regulation applies—

(a) to a mover; and

(b) from the Monday following the day of the move.

(2) The amount of the extended payment (qualifying contributory benefits) payable from the Monday from which this regulation applies until the end of the extended payment period shall be the amount of housing benefit which was payable to the mover for the last benefit week before the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit.

(3) Where a mover’s liability to make payments for the new dwelling is to the second authority, the extended payment (qualifying contributory benefits) may take the form of a payment from the appropriate authority to—

(a) the second authority; or

(b) the mover directly.

(4) Where—

(a) a mover, or the mover’s partner, makes a claim for housing benefit to the second authority after the mover, or the mover’s partner, ceased to be entitled to a qualifying contributory benefit; and

(b) the mover, or the mover’s partner, is in receipt of an extended payment (qualifying contributory benefits) from the appropriate authority,

the second authority shall reduce the weekly amount of housing benefit that the mover, or the mover’s partner, is entitled to by a sum equal to the amount of the extended payment (qualifying contributory benefits) until the end of the extended payment period.

(5) The reduction of housing benefit made by the second authority under paragraph (4) is subject to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).

(6) Where the last benefit week referred to in paragraph (2) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent free period.

(7) No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 81(1) (rent free periods).

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

73D

(1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 73(1)(b), that award will not cease until the end of the extended payment period.

(2) Part 9 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 73B(1)(a) or 73C(2) (amount of extended payment – movers).

Non-dependant deductions

Minimum housing benefit

...

PART5 — The component

21

(1) Subject to paragraph 22, the claimant is entitled tothe component in paragraph 24 if—

(a) the claimant or the claimant’s partner has made a claim for employment and support allowance;

(b) the Secretary of State has determined that the claimant or the claimant’s partner has or is treated as having limited capability for work-related activity; and

(i) the assessment phase as defined in section 24(2) of the Welfare Reform Act (interpretation) has ended;

(ii) regulation 7 of the Employment and Support Allowance Regulations or regulation 7 of the Employment and Support Allowance Regulations 2013 (circumstances where the condition that the assessment phase has ended before entitlement to the support component ... arises does not apply) applies; or

(iii) the conditions in sub-paragraph (2) apply.

(2) The conditions referred to in sub-paragraph (1)(c)(iii) are—

(a) neither the claimant nor the claimant’s partner is entitled to an employment and support allowance;

(b) either is or both are entitled to be credited with earnings equal to the lower earnings limit then in force under regulation 8B(2)(a)(iv) of the Social Security (Credits) Regulations 1975 (credits for incapacity for work or limited capability for work); and

(c) paragraph (1)(c)(i) or (ii) would have applied to the claimant or the claimant’s partner (or both) had they been entitled to an employment and support allowance.

22

(1) The claimant has no entitlement under paragraph ... 24 if the claimant is entitled to the disability premium under paragraphs 12 and 13.

(2) Where the claimant and the claimant’s partner each satisfies paragraph ... 24, the component to be included in the claimant’s applicable amount is that which relates to the claimant.

23

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

The support component

24

The claimant is entitled to the support component if the Secretary of State has decided that the claimant or the claimant’s partner has, or is to be treated as having, limited capability for work-related activity.

PART6 — Amount of component

25

The amount of the work-related activity component is £37.95.

26

The amount of the support component is £50.35.

47A

(1) Any payment of child maintenance made or derived from a liable relative where the child or young person in respect of whom the payment is made is a member of the claimant’s family, except where the person making the payment is the claimant or the claimant’s partner.

(2) In paragraph (1)—

“child maintenance” means any payment towards the maintenance of a child or young person, including any payment made voluntarily and payments made under—the Child Support Act 1991;the Child Support (Northern Ireland) Order 1991;a court order;a consent order;a maintenance agreement registered for execution in the Books of Council and Session or the sheriff court books;

“liable relative” means a person listed in regulation 54 (interpretation) of the Income Support (General) Regulations 1987, other than a person falling within sub-paragraph (d) of that definition.

55A

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

55B

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

64

(1) £1.20 in relation to each week in which child benefit is payable to the claimant at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible.

(2) 65 pence in relation to each week in which child benefit is payable to the claimant other than at the enhanced rate in respect of a child or qualifying young person for whom the claimant is treated as responsible (and if there is more than one, 65 pence in relation to each such child or young person).

(3) In this paragraph —

“child” and “qualifying young person” have the meanings given in section 142 of the Act;

“treated as responsible” is to be construed in accordance with section 143 of the Act;

“the enhanced rate” has the meaning given in regulation 2(1)(a) of the Child Benefit (Rates) Regulations 2006.

48A

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

48B

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

41A

Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

1A

For the purposes of paragraph 1 a claimant is entitled to main phase employment and support allowance if—

(a) each of the conditions in paragraph 21 is satisfied in relation to the claimant personally or the claimant is personally a member of the work-related activity group; or

(b) the claimant personally is entitled to a converted employment and support allowance, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

Transitional protection – larger properties

12L

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

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for redetermination by rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

2A

In the case of a claimant who has been engaged in remunerative work or part-time employment as a self-employed earner or, had the employment been in Great Britain would have been so engaged and who has ceased to be so employed, from the date of the cessation of his employment any earnings derived from that employment except earnings to which regulation 37(3) and (4) (earnings of self-employed earners) apply.

2A

Any payment in respect of expenses arising out of the claimant participating as a service user.

65

Any payment of child benefit.

Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling

104A

(1) This regulation applies where an overpayment has occurred in the following circumstances—

(a) a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”);

(b) the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home;

(c) housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A; and

(d) the same relevant authority is responsible for paying the housing benefit in respect of dwelling A and dwelling B.

(2) Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

(3) Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

Recovery of overpayments from prescribed benefits

Prescribed benefits

Restrictions on recovery of rent and consequent notifications

10A

(1) Where—

(a) the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;

(b) the Secretary of State is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and

the amount specified in sub-paragraph (7) (“the specified amount”).

(2) Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph.

(3) Notwithstanding regulation 25 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

(4) Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Secretary of State is satisfied that B is also undertaking exempt work.

(5) This sub-paragraph applies to a person who is—

(a) in receipt of a contributory employment and support allowance;

(b) in receipt of incapacity benefit;

(d) being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations 1975.

(6) “Exempt work” means work of the kind described in—

(a) regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations 2013; or (as the case may be)

(b) regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations 1995,

and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.

(7) The specified amount is the amount of money from time to time mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).

Alternative means of notifying changes of circumstances

88ZA

(1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 88(1) to notify a change of circumstances may be discharged by notifying the Secretary of State—

(a) where the change of circumstances is a birth or death, through a relevant authority, or a county council in England, by personal attendance at an office specified by that authority or county council, provided the Secretary of State has agreed with that authority or county council for it to facilitate such notification; or

(b) where the change of circumstances is a death, by telephone to a telephone number specified for that purpose by the Secretary of State.

(2) Paragraph (1) only applies if the authority administering the claimant’s housing benefit agrees with the Secretary of State that notifications may be made in accordance with that paragraph.

(3) The Secretary of State must forward information received in accordance with paragraph (1) to the authority administering the claimant’s housing benefit.

Notice of changes of circumstances given electronically

21A

Subject to paragraph 22, the claimant is entitled to one, but not both, of the components in paragraphs 23 or 24 if the claimant or the claimant’s partner is entitled to a converted employment and support allowance, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance).

PART 7 — Transitional Addition

27

(1) The claimant is entitled to the transitional addition calculated in accordance with paragraph 30 where the claimant or the claimant’s partner (“the relevant person”)—

(a) is entitled to a converted employment and support allowance, or would be entitled but for the application of section 1A of the Welfare Reform Act (duration of contributory allowance); or

(b) is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and—

(i) is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations or regulation 26 of the Employment and Support Allowance Regulations 2013, in either case as modified by the Employment and Support Allowance (Existing Awards) Regulations; and

(ii) is not in receipt of an income-related employment and support allowance,

unless the amount of the transitional addition calculated in accordance with paragraph 30 would be nil.

(2) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28

(1) This paragraph applies where—

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the termination of the claimant’s award of housing benefit, under—

(i) paragraph 27(2)(b);

(ii) sub-paragraph (3)(b) of this paragraph; or

(iii) paragraph 29(3)(b);

(b) within 12 weeks of that termination ... the claimant again becomes entitled to housing benefit;

(c) in the benefit week in which the claimant again becomes entitled to housing benefit the relevant person satisfies the requirements of paragraph 27(1) or is entitled to an employment and support allowance which is not income-related and;

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

(e) at the date on which the claimant again becomes entitled to housing benefit, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day on which the claimant again becomes entitled to housing benefit, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person no longer satisfying the requirements of paragraph 27(1) or no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(c);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

(1) This paragraph applies where—

(a) the claimant’s entitlement to a transitional addition ends, by virtue of the relevant person ceasing to be entitled to an employment and support allowance, under—

(i) paragraph 27(2)(c);

(ii) paragraph 28(3)(c); or

(iii) sub-paragraph (3)(c) of this paragraph;

(b) ... the relevant person again becomes entitled to an employment and support allowance which is not income-related;

(c) at the date on which the relevant person again becomes entitled to an employment and support allowance which is not income-related, regulation 145(1) of the Employment and Support Allowance Regulations or regulation 86 of the Employment and Support Allowance Regulations 2013 applies to the relevant person; and

(d) at the date on which the relevant person again becomes entitled to an employment support allowance which is not income-related, neither the claimant nor the claimant’s partner is entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support.

(2) Where this paragraph applies, the claimant is entitled, with effect from the day that the relevant person’s entitlement to employment and support allowance takes effect for housing benefit purposes, to a transitional addition of the amount of the transitional addition that would have applied had the claimant’s entitlement to a transitional addition not ended (but taking account of the effect which any intervening change of circumstances would have had by virtue of paragraph 31), unless the amount of the transitional addition would be nil.

(3) The claimant’s entitlement to a transitional addition by virtue of this paragraph ends on any of the following—

(a) the reduction of the transitional addition to nil in accordance with paragraph 31;

(b) the termination of the claimant’s award of housing benefit;

(c) the relevant person no longer being entitled to the employment and support allowance referred to in sub-paragraph (1)(b);

(d) the claimant or the claimant’s partner becoming entitled to an income-related employment and support allowance, an income-based jobseeker’s allowance or income support;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 — Amount of transitional addition

30

(1) Subject to paragraph 31, the amount of the transitional addition is the amount by which Amount A exceeds Amount B.

(2) Where a conversion decision as described in regulation 5(2)(a) of the Employment and Support Allowance (Existing Awards) Regulations is made in respect of the relevant person—

(a) Amount A is the basic amount that would have applied on the day that decision took effect had that decision not been made; and

(b) Amount B is the basic amount that applied on that day as a result of that decision.

(3) Where the relevant person is appealing a conversion decision as described in regulation 5(2)(b) of the Employment and Support Allowance (Existing Awards) Regulations and is treated as having limited capability for work by virtue of regulation 30 of the Employment and Support Allowance Regulations as modified by the Employment and Support Allowance (Existing Awards) Regulations—

(a) Amount A is the basic amount that would have applied on the day the relevant person was first treated as having limited capability for work if the relevant person had not been so treated; and

(b) Amount B is the basic amount that applied on that day as a result of the relevant person being so treated.

(4) In this paragraph and paragraph 31, “basic amount” means the aggregate of such amounts as may apply in the claimant’s case in accordance with regulation 22(1)(a) to (e) or regulation 23(1)(a) to (f).

31

(1) Subject to sub-paragraph (2), where there is a change of circumstances which leads to an increase in the claimant’s basic amount, the transitional addition that applies immediately before the change of circumstances shall be reduced by the amount by which Amount C exceeds Amount D.

(2) If Amount C exceeds Amount D by more than the amount of the transitional addition that applies immediately before the change of circumstances, that transitional addition shall be reduced to nil.

(3) Amount C is the basic amount that applies as a result of the increase.

(4) Amount D is the basic amount that applied immediately before the increase.

Transitional protection – reduction in LHA

12M

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

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for redetermination by rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

A2

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme.

A2

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Mandatory Work Activity Scheme but only for 52 weeks beginning with the date of receipt of the payment.

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in the Employment, Skills and Enterprise Scheme.

A3

Any payment made to the claimant in respect of any travel or other expenses incurred, or to be incurred, by him in respect of his participation in a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013 but only for 52 weeks beginning with the date of receipt of the payment.

12BA

(1) This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A13 (when a maximum rent (social sector) is to be determined).

(2) Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector).

(3) Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is—

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

(b) in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 12B(2),

where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

(4) For the purpose of paragraph (3), a claimant is 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) Where a person’s eligible rent has been determined in accordance with paragraph (3) (protection on death), it shall apply until the first of the following events occurs—

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

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

(c) there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3);

(d) there is a change of dwelling; or

(e) the determination of an eligible rent under regulation 12B.

(6) Where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for the dwelling when they were entered into, the eligible rent is an eligible rent determined in accordance with regulation 12B(2) where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

(7) Paragraph (6) shall not apply where the 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.

(8) Where a person’s eligible rent has been determined in accordance with paragraph (6) (13 week protection), it shall apply until the first of the following events occurs—

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

(b) the determination of an eligible rent in accordance with paragraph (3) (protection on death);

(c) there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (6);

(d) there is a change of dwelling; or

(e) the determination of an eligible rent under regulation 12B.

Eligible rent and maximum rent

Eligible rent and maximum rent (LHA)

Transitional protection – larger properties

Transitional protection – reduction in LHA

A13

(1) Subject to paragraph (2), the relevant authority must determine a maximum rent (social sector) in accordance with regulation B13 (determination of a maximum rent (social sector)) where the relevant authority has not determined, and is not required to determine—

(a) a maximum rent in accordance with regulation 13 (maximum rent); ...

(b) a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined); or

(c) an eligible rent in a case where paragraph 4 of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations applies.

(2) This regulation does not apply—

(a) in a rent allowance case where the tenancy is an excluded tenancy of a type mentioned in any of paragraphs 4 to 11 of Schedule 2 (excluded tenancies) and the landlord is not a registered housing association;

(b) in respect of shared ownership tenancies;

(c) in respect of mooring charges for houseboats and payments in respect of the site on which a caravan or mobile home stands;

(d) where the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or where both have attained that age; or

(e) where the dwelling is temporary accommodation.

(f) where—

(i) domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s household (“the victim”) by that person’s partner or former partner, or by a relative;

(ii) the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a young person as defined in regulation 19 and is a dependant of a member of the claimant’s household; and

(iii) the claimant provides evidence from a person acting in an official capacity which demonstrates that the claimant is living in a property adapted under a sanctuary scheme and—

(aa) the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and

(bb) the victim has made contact with the person acting in an official capacity in relation with such an incident.

(3) In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—

(a) to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or

(b) to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

(4) The accommodation referred to in paragraph (3) is—

(a) accommodation—

(i) provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or

(ii) provided in a hotel, guest house, lodging house or similar establishment,

but does not include accommodation which is provided in a care home, an independent hospital or a hostel;

(b) accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;

(c) accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.

(5) In this regulation—

“household” means the persons who the relevant authority are satisfied are occupying the claimant’s dwelling as their home;

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the victim’s employer, a representative of the victim’s trade union, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

“provider of social housing” has the meaning given in regulation 12 of these Regulations;

“sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides.

B13

(1) The maximum rent (social sector) is determined in accordance with paragraphs (2) to (4).

(2) The relevant authority must determine a limited rent by—

(a) determining the amount that the claimant’s eligible rent would be in accordance with regulation 12B(2) without applying regulation 12B(4) and (6);

(b) where the number of bedrooms in the dwelling exceeds the number of bedrooms to which the claimant is entitled in accordance with paragraphs (5) to (7), reducing that amount by the appropriate percentage set out in paragraph (3); and

(c) where more than one person is liable to make payments in respect of the dwelling, apportioning the amount determined in accordance with sub-paragraphs (a) and (b) between each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each person.

(3) The appropriate percentage is—

(a) 14% where the number of bedrooms in the dwelling exceeds by one the number of bedrooms to which the claimant is entitled; and

(b) 25% where the number of bedrooms in the dwelling exceeds by two or more the number of bedrooms to which the claimant is entitled.

(4) Where it appears to the relevant authority that in the particular circumstances of any case the limited rent is greater than it is reasonable to meet by way of housing benefit, the maximum rent (social sector) shall be such lesser sum as appears to that authority to be an appropriate rent in that particular case.

(5) The claimant is entitled to one bedroom for each of the following categories of person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home (and each person shall come within the first category only which is applicable)—

(za) a member of a couple who cannot share a bedroom;

(zb) a member of a couple who can share a bedroom;

(a) a couple...;

(b) a person who is not a child;

(ba) a child who cannot share a bedroom;

(d) two children who are less than 10 years old;

(e) a child,

...

(6) The claimant is entitled to one additional bedroom in any case where—

(a) one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care;

(ab) one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or

(b) a relevant person is a qualifying parent or carer.

(7) Where—

(a) more than one sub-paragraph of paragraph (6) applies the claimant is entitled to an additional bedroom for each sub-paragraph that applies;

(b) more than one person falls within paragraph (6)(b) the claimant is entitled to an additional bedroom for each person falling within that sub-paragraph, except that where a person and that person’s partner both fall within the same sub-paragraph the claimant is entitled to only one additional bedroom in respect of that person and that person’s partner.

(8) For the purposes of determining the number of occupiers of the dwelling under paragraph (5), the relevant authority must include any member of the armed forces away on operations who—

(a) is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

(b) was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

(c) intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.

(9) In this regulation “relevant person” means—

(a) the claimant;

(b) the claimant’s partner;

(c) a person (“P”) other than the claimant or the claimant’s partner who is jointly liable with the claimant or the claimant’s partner (or both) to make payments in respect of the dwelling occupied as the claimant’s home;

(d) P’s partner.

(e) for the purposes of paragraph (6)(a)—

(i) a person (other than the claimant, the claimant’s partner, P or P’s partner) who occupies the claimant’s dwelling as their home;

(ii) a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer.

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for redetermination by rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

31A

Any local welfare provision.

20A

Any local welfare provision.

Recovery by deduction from earnings

106A

(1) Any overpayment which is recoverable by virtue of regulation 100 may be recovered by a relevant authority by deduction from the earnings of the person from whom it is recoverable.

(2) Part 6 of the Social Security (Overpayments and Recovery) Regulations 2013 applies in relation to the recovery of overpayments by deduction from the earnings of a person specified in paragraph (1) by a relevant authority as it applies to the recovery of recoverable amounts by deduction from the earnings of persons under that Part of those Regulations by an appropriate authority

Restrictions on recovery of rent and consequent notifications

Calculation of an extended payment where the benefit cap applies

72E

Where a claimant’s housing benefit in the benefit week with respect to which the extended payment is to be calculated is reduced in accordance with regulation 75D, the extended payment must be calculated using the amount of housing benefit before any such reduction is made.

Extended payments (severe disablement allowance and incapacity benefit)

Duration of extended payment period (qualifying contributory benefits)

Amount of extended payment (qualifying contributory benefits)

Extended payments (qualifying contributory benefits) – movers

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

Calculation of an extended payment (qualifying contributory benefits) where the benefit cap applies

73E

Where a claimant’s housing benefit in the benefit week with respect to which the extended payment (qualifying contributory benefits) is to be calculated is reduced in accordance with regulation 75D, the extended payment (qualifying contributory benefits) must be calculated using the amount of housing benefit before any such reduction ismade.

Non-dependant deductions

Minimum housing benefit

PART 8A — Benefit cap

Circumstances in which a benefit cap will apply

75A

Unless regulation 75E or 75F applies, a benefit cap applies where the relevant authority makes a determination that during the reference period the total amount of welfare benefits to which—

(a) where the claimant is a member of a couple, each member of the couple is or jointly are entitled; or

(b) in any other case, the claimant is entitled,

exceeds the relevant amount.

Determination of whether a benefit cap applies

75B

(1) A relevant authority may make a determination as to whether the benefit cap applies or whether to change the amount of any reduction made in accordance with regulation 75D (reduction of housing benefit) but a relevant authority is not required to do so unless paragraph (2) applies.

(2) This paragraph applies where a relevant authority receives notification from the Secretary of State that—

(a) the benefit cap may apply;

(b) there has been a change in the amount of a welfare benefit to which a claimant is entitled; or

(c) there has been a change to the relevant amount which may affect the amount of housing benefit to which a claimant is entitled.

Manner of calculating the amount of welfare benefits

75C

(1) When calculating the total amount of welfare benefits, the relevant authority must use the amount of a welfare benefit to which a person is entitled unless paragraph (2), (3) or (4) applies.

(2) Where the welfare benefit is housing benefit, the relevant authority—

(a) where the dwelling is accommodation specified in regulation 75H (specified accommodation), must use the amount of nil; and

(b) in any other case, must not take account of any reduction under regulation 75D and must use the amount to which the claimant would be entitled by virtue of section 130 of the Act.

(3) Where the welfare benefit is an employment and support allowance, the relevant authority must disregard that benefit where a person is disqualified for receiving it by virtue of section 18 of the Welfare Reform Act.

(4) Where an amount of a welfare benefit other than jobseeker’s allowance or employment and support allowance is taken into account as income in accordance with Part 6 (income and capital), or would be so taken into account if the relevant authority were required to calculate the claimant’s income, the relevant authority must use that amount.

(5) The amount of a welfare benefit for the purpose of paragraph (4) includes any amount of that benefit which would have been payable but for any loss of benefit under, or by virtue of, section 6B, 7 or 9 of the Social Security Fraud Act 2001.

Reduction of housing benefit

75D

(1) Subject to paragraph (2), where the benefit cap applies, the relevant authority must reduce the amount of housing benefit to which the claimant is entitled by virtue of section 130 of the Act by the amount by which the total amount of welfare benefits exceeds the relevant amount.

(2) Where the reduction would reduce the claimant’s housing benefit to less than the minimum amount of housing benefit provided for in regulation 75 (minimum housing benefit) , the relevant authority must reduce the claimant’s housing benefit by such amount as will leave the claimant entitled to that minimum amount.

Exception to the benefit cap: current or recent work

75E

(1) The benefit cap does not apply where paragraph (2) applies or during the period specified in paragraph (3).

(2) This paragraph applies where the claimant is, or the claimant and the claimant’s partner are jointly, entitled to working tax credit.

(3) The specified period is, where paragraph (4) applies, the consecutive period of 39 consecutive weeks starting on the day specified in paragraph (5).

(4) This paragraph applies where the relevant authority is satisfied that, for at least 50 weeks out of the 52 weeks immediately preceding their last day of work, the claimant or the claimant’s partner (“P”)—

(a) was employed or engaged in work for payment, or in the expectation of payment; and

(b) was not entitled to income support, a jobseeker’s allowance or an employment and support allowance,

and, for the purposes of sub-paragraph (a), P is employed or engaged in work for any day on which P is on maternity leave, paternity leave , adoption leave , shared parental leave , neonatal care leave or parental bereavement leave or is in receipt of statutory sick pay.

(5) The specified day is the day after the last day on which P was employed or engaged in the work referred to in paragraph (4).

Exception to the benefit cap: receipt of specified benefit

75F

(1) The benefit cap does not apply where—

(a) the claimant or the claimant’s partner is receiving an employment and support allowance under Part 1 of the Welfare Reform Act which includes a support component;

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

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

The Housing Benefit Regulations 2006

Determination of a maximum rent (LHA)

13D

Publication of local housing allowances

13E

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for redetermination by rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

18A

Information to be provided to rent officers

114A

Information to be supplied by an authority to another authority

Supply of information – extended payments (qualifying contributory benefits)

Requiring information from landlords and agents

Circumstances for requiring information

Relevant information

Manner of supply of information

Criminal offence

Modifications in respect of former pathfinder authorities

SCHEDULE2 — Excluded tenancies

1

2

3

4

5

6

7

8

9

10

11

12

13

Amendment of regulation 2

Amendment of regulation 11

Amendment of regulation 12B

Amendment of regulation 12D

Insertion of regulations 12E to 12K

Amendment of regulation 13C

Amendment of regulation 13D

Additional Condition for the...Disability Premium

Supply of benefit administration information between authorities

121A

Duration of extended payment period

72A

Amount of extended payment

72B

Extended payments – movers

72C

Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement

72D

Extended payments (severe disablement allowance and incapacity benefit)

Duration of extended payment period (qualifying contributory benefits)

73A

Amount of extended payment (qualifying contributory benefits)

73B

Extended payments (qualifying contributory benefits) – movers

73C

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

73D

Non-dependant deductions

Minimum housing benefit

...

PART5 — The component

21

22

The work-related activity component

23

The support component

24

PART6 — Amount of component

25

26

47A

55A

55B

64