The Housing Benefit Regulations 2006

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

• (c) paragraph 12 does not apply,

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;

• (c) in receipt of severe disablement allowance; or

• (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;

• (c) the relevant person ceasing to meet the requirements of sub-paragraph (1)(a) or (b), as the case may be;

• (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.

Eligible rent and maximum rent (social sector)

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

When a maximum rent (social sector) is to be determined

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.

Determination of a maximum rent (social sector)

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;

• (c) two children of the same sex;

• (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;

• (b) the claimant or the claimant’s partner is receiving an industrial injuries benefit by virtue of Part 5 of the Act;

• (c) the claimant or the claimant’s partner is receiving an attendance allowance;

• (ca) the claimant or the claimant’s partner is receiving pension age disability payment;

• (d) the claimant or the claimant’s partner is receiving a war pension;

• (e) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving a disability living allowance;

• (eza) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible, is receiving child disability payment;

• (ezb) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving Scottish adult disability living allowance;

• (ea) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is receiving a personal independence payment, adult disability payment or an armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

• (f) the claimant, the claimant’s partner or a child or young person for whom the claimant or the claimant’s partner is responsible is entitled to a payment listed in sub-paragraph (b), (c) , (ca), (d), (e) , (eza) , (ezb) or (ea) but—

• (i) that person is not receiving it under regulation 6 (hospitalisation) or regulation 7 (persons in care homes) of the Social Security (Attendance Allowance) Regulations 1991;

• (ia) in the case of pension age disability payment, that payment is not payable in accordance with regulation 19 (effect of admission to a care home on ongoing entitlement to pension age disability payment) or regulation 20 (effect of admission to hospital on ongoing entitlement to pension age disability payment) of the Disability Assistance for Older People (Scotland) Regulations 2024;

• (ii) it is withheld under article 53 of the Naval, Military and Air Forces Etc (Disablement and Death) Service Pensions Order 2006 (maintenance in hospital or an institution);

• (iii) that person is not receiving it under regulation 8 (hospitalisation) or regulation 9 (persons in care homes) of the Social Security (Disability Living Allowance) Regulations 1991;

• (iiia) in the case of Scottish adult disability living allowance, that allowance is not payable in accordance with regulation 22 (effect of admission to a care home on ongoing entitlement to care component) or regulation 23 (effect of admission to hospital on ongoing entitlement to Scottish adult disability living allowance) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;

• (iv) that payment is not payable in accordance with regulations made under section 85 (care home residents) or section 86(1) (hospital in-patients) of the Welfare Reform Act 2012;

• (iva) in the case of adult disability payment, that payment is not payable in accordance with regulation 27 (effect of admission to a care home on ongoing entitlement to daily living component) or regulations 28 (effect of admission to hospital on ongoing entitlement to Adult Disability Payment) of the Disability Assistance for Working Age People (Scotland) Regulations 2022.

• (v) that person is not receiving it under regulation 17 (effect of admission to a care home on ongoing entitlement to care component) of the DACYP Regulations;

• (g) the claimant is receiving universal credit.

• (h) the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act;

• (ha) the claimant, the claimant's partner, or a young person for whom the claimant or the claimant's partner is responsible, is entitled to carer support payment;

• (i) the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.

• (2) In this regulation “war pension” has the meaning in regulation 2 (interpretation) and includes—

• (a) a guaranteed income payment;

• (b) a pension payable to a person as a widow, widower or surviving civil partner under any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

• (c) a payment which is made under any of—

• (i) the Order in Council of 19th December 1881;

• (ii) the Royal Warrant of 27th October 1884;

• (iii) the Order by His Majesty of 14th January 1922,

to a widow, widower or surviving civil partner of a person whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown and whose service in such capacity terminated before 31st March 1973

• (d) a pension paid by the government of a country outside Great Britain which is analogous to a war pension or any of the pensions or payments mentioned in sub-paragraphs (a) to (c).

Interpretation

75G

For the purposes of section 96 of the Welfare Reform Act 2012 and this Part—

• “couple” has the meaning in regulation 2 unless the claimant is a member of a polygamous marriage, in which case it means the claimant and the member of the polygamous marriage to whom the claimant was first married and references to the claimant’s partner are to that member of that marriage;

• “reference period” means a benefit week;

• “relevant amount” means the amount determined in accordance with regulation 75CA;

• ...

Specified accommodation

75H

• (1) The accommodation referred to in regulation 75C(2)(a) is accommodation to which one or more of the following paragraphs applies.

• (2) This paragraph applies to accommodation which is exempt accommodation within the meaning of paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations.

• (3) This paragraph applies to accommodation—

• (a) which is provided by a relevant body;

• (b) into which the claimant has been admitted in order to meet a need for care, support or supervision; and

• (c) where the claimant receives care, support or supervision.

• (4) This paragraph applies to accommodation which—

• (a) is provided by a relevant authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and

• (b) consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

• (5) This paragraph applies to accommodation—

• (a) which would be a hostel within the meaning of regulation 2(1) (interpretation) but for it being owned or managed by a relevant authority; and

• (b) where the claimant receives care, support or supervision.

• (6) In this regulation—

• ...

• ...

• ...

• “relevant body” means a—council for a county in England for each part of whose area there is a district council;housing association;registered charity; orvoluntary organisation.

A4

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed in regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014.

A4

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of the claimant’s participation in a scheme prescribed by regulation 3 of the Jobseeker’s Allowance (Supervised Jobsearch Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.

66

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

61

Any payments to a claimant made under section 49 of the Children and Families Act 2014 (personal budgets and direct payments)

A5

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014.

A5

Any payment made to the claimant in respect of any child care, travel or other expenses incurred, or to be incurred, by the claimant in respect of their participation in a scheme prescribed in regulation 3 of the Jobseekers Allowance (18 - 21 Work Skills Pilot Scheme) Regulations 2014, but only for 52 weeks beginning with the date of receipt of the payment.

Date on which income consisting of earnings from employment as an employed earner are taken into account

29A

• (1) A claimant’s average weekly earnings from employment estimated pursuant to regulation 29 (Average weekly earnings of employed earners) and Section 3 (Employed earners) of this Part shall be taken into account—

• (a) in the case of a claim, on the date that the claim was made or treated as made and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week;

• (b) in the case of a claim or award where the claimant commences employment, the first day of the benefit week following the date the claimant commences that employment, and the first day of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week; or

• (c) in the case of a claim or award where the claimant’s average weekly earnings from employment change, the first day of the benefit week following the date of the change, and the beginning of each benefit week thereafter, regardless of whether those earnings were actually received in that benefit week.

Average weekly earnings of self-employed earners

Average weekly income other than earnings

Calculation of average weekly income from tax credits

Calculation of weekly income

Disregard of changes in tax, contributions etc

Treatment of student loans and postgraduate ... loans

Treatment of special support loans

64B

A loan under the Education (Student Support) Regulations 2011 or regulations made under section 73 of the Education (Scotland) Act 1980 that is intended to meet the cost of books, equipment, travel or childcare is to 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

Determinations

Determination of the relevant amount

75CA

• (1) The relevant amount is determined by dividing the applicable annual limit by 52 and rounding that amount by disregarding any amount of less than half a penny and treating any amount of half a penny or more as a whole penny.

• (2) The applicable annual limit is—

• (a) £16,967 in the case of single claimants resident in Greater London;

• (b) £25,323 in the case of all other claimants resident in Greater London;

• (c) £14,753 in the case of single claimants not resident in Greater London;

• (d) £22,020 in the case of all other claimants not resident in Greater London.

• (3) For the purposes of section 96 of the 2012 Act (benefit cap) and this regulation a claimant is resident in Greater London if—

• (a) the dwelling that the claimant normally occupies as the claimant’s home is in Greater London; or

• (b) where the claimant is treated as occupying more than one dwelling as the claimant’s home pursuant to regulation 7(6) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), one of those dwellings is in Greater London.

Reduction of housing benefit

Exception to the benefit cap: current or recent work

Exception to the benefit cap: receipt of specified benefit

Interpretation

Specified accommodation

67

Any bereavement support payment under section 30 of the Pensions Act 2014 (bereavement support payment) except any such payment which is disregarded as capital under paragraph 9(1)(h) or 62 of Schedule 6.

62

• (1) Any bereavement support payment in respect of the rate set out in regulation 3(2) or (5) of the Bereavement Support Payment Regulations 2017 (rate of bereavement support payment), but only for a period of 52 weeks from the date of receipt of the payment.

• (2) Where bereavement support payment under section 30 of the Pensions Act 2014 is paid to the survivor of a cohabiting partnership (within the meaning in section 30(6B) of the Pensions Act 2014) in respect of a death occurring before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

• (a) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment Regulations 2017, and

• (b) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died,

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

63

Any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

27A

Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).

27A

Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).

27A

Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).

64

Any payment made to a claimant under section 73(1)(b) of the Children and Young People (Scotland) Act 2014 (kinship care assistance).

68

Any payment of carer’s allowance supplement made under section 81 of the Social Security (Scotland) Act 2018.

69

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

65

Any early years assistance given in accordance with section 32 of the Social Security (Scotland) Act 2018.

70

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

66

Any funeral expense assistance given in accordance with section 34 of the Social Security (Scotland) Act 2018.

71

Any Scottish child payment assistance given in accordance with section 79 of the Social Security (Scotland) Act 2018.

9A

• (1) A payment made to rectify, or to compensate for, an error made by an officer of the Department for Work and Pensions which was not caused or materially contributed to by any person outside the Department and which prevented or delayed an assessment of the claimant’s entitlement to contributory employment and support allowance but, subject to sub-paragraph (2), only for a period of 52 weeks from the date of the receipt of the payment.

• (2) In a case where the amount of such payment is £5,000 or more, sub-paragraph (1) shall have effect in relation to the payment either for a period of 52 weeks from the date of receipt, or, if the amount is received in its entirety during the award of housing benefit, for the remainder of that award if that is a longer period.

• (3) For the purposes of sub-paragraph (1), “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance.

• (4) For the purposes of sub-paragraph (2), “the award of housing benefit” has the meaning in paragraph 9(3) of this Schedule except that “the relevant sum” means the payment to be disregarded by this paragraph.

72

Any short-term assistance given in accordance with regulations made under section 36 of the Social Security (Scotland) Act 2018.

67

Any assistance given in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

68

Any winter heating assistance given in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.

73

Any disability assistance given in accordance with regulations made under section 31 of the Social Security (Scotland) Act 2018.

9B

Any payment of a widowed parent’s allowance made pursuant to section 39A of the Act (widowed parent’s allowance)—

• (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and

• (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,

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

74

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.

Treatment of loans for specific purposes

75

Any Scottish carer supplement given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.

76

Any carer additional person payment given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023.