The Housing Benefit Regulations 2006

• (4) In paragraph (3), “rent” means eligible rent less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

Disregard of changes occurring during summer vacation

69

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

PART 8 — Amount of benefit

Maximum housing benefit

70

The amount of a person’s appropriate maximum housing benefit in any week shall be 100 per cent. of his eligible rent calculated on a weekly basis in accordance with regulations 80 and 81 (calculation of weekly amounts and rent free periods) less any deductions in respect of non-dependants which fall to be made under regulation 74 (non-dependant deductions).

Housing benefit tapers

71

The prescribed percentages for the purpose of sub-section (3)(b) of section 130 of the Act (percentage of excess of income over applicable amount which is deducted from maximum housing benefit) shall be 65 per cent.

Extended payments

72

• (1) A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment where—

• (a) the claimant or the claimant’s partner was entitled to a qualifying income-related benefit;

• (b) entitlement to a qualifying income-related benefit ceased because the claimant or the claimant’s partner—

• (i) commenced employment as an employed or self-employed earner;

• (ii) increased their earnings from such employment; or

• (iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more; and

• (c) the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.

• (2) For the purpose of paragraph (1)(c), a claimant or a claimant’s partner is to be treated as having been entitled to and in receipt of a qualifying income-related benefit or jobseeker’s allowance during any period of less than five weeks in respect of which the claimant or the claimant’s partner was not entitled to any of those benefits because the claimant or the claimant’s partner was engaged in remunerative work as a consequence of their participation in an employment zone programme.

• (3) For the purpose of this regulation, where a claimant or a claimant’s partner is entitled to and in receipt of joint-claim jobseeker’s allowance they shall be treated as being entitled to and in receipt of jobseeker’s allowance.

• (4) A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where—

• (a) the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;

• (b) the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying income-related benefit ceased, or in the preceding week; and

• (c) entitlement to the qualifying income-related benefit ceased in any of the circumstances listed in paragraph (1)(b).

• (5) This regulation shall not apply where, on the day before a claimant’s entitlement to income support ceased, regulation 6(5) of the Income Support Regulations (remunerative work: housing costs) applied to that claimant.

Extended payments (severe disablement allowance and incapacity benefit)

73

• (1) A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where—

• (a) the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;

• (b) entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner—

• (i) commenced employment as an employed or self-employed earner;

• (ii) increased their earnings from such employment; or

• (iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last five weeks or more;

• (c) the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and

• (d) the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.

• (2) A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where—

• (a) the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;

• (b) the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and

• (c) entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).

Non-dependant deductions

74

• (1) Subject to the following provisions of this regulation, the deductions referred to in regulation 70 (maximum housing benefit) shall be—

• (a) in respect of a non-dependant aged 18 or over in remunerative work, £131.45 per week;

• (b) in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply, £20.40 per week.

• (2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—

• (a) less than £192.00, the deduction to be made under this regulation shall be that specified in paragraph (1)(b);

• (b) not less than £192.00 but less than £279.00, the deduction to be made under this regulation shall be £46.85;

• (c) not less than £279.00 but less than £365.00, the deduction to be made under this regulation shall be £64.35;

• (d) not less than £365.00 but less than £485.00, the deduction to be made under this regulation shall be £105.20;

• (e) not less than £485.00 but less than £605.00, the deduction to be made under this regulation shall be £119.85.

• (3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

• (4) In applying the provisions of paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.

• (5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the payments in respect of the dwelling payable by each of them.

• (6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

• (a) severely sight impaired or blind or treated as severely sight impaired or blind by virtue of paragraph 13 of Schedule 3 (additional condition for the disability premium); or

• (b) receiving in respect of himself either—

• (i) attendance allowance; ...

• (ia) pension age disability payment;

• (ii) the care component of the disability living allowance; ...

• (iia) the care component of child disability payment;

• (iib) the care component of Scottish adult disability living allowance;

• (iii) the daily living component of personal independence payment; ...

• (iiia) the daily living component of adult disability payment; or

• (iv) armed forces independence payment.

• (7) No deduction shall be made in respect of a non-dependant if—

• (a) although he resides with the claimant, it appears to the appropriate authority that his normal home is elsewhere; or

• (b) he is in receipt of a training allowance paid in connection with youth training established under section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990; or

• (c) he is a full-time student during a period of study within the meaning of Part 7 (Students); or

• (d) he is a full-time student and during a recognised summer vacation appropriate to his course he is not in remunerative work; or

• (e) he is a full-time student and the claimant or his partner has attained the pensionable age; or

• (f) he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, or a prisoner, and for these purposes—

• (i) “patient” has the meaning given in paragraph (18) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home);

• (ii) where a person has been a patient for two or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods; and

• (iii) “prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the provisions of the Mental Health Act 1983, or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995.

• (g) he is not residing with the claimant because he is a member of the armed forces away on operations.

• (8) No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is—

• (a) on income support, an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and where the non-dependant is not a member of the work-related activity group ...); or

• (b) entitled to an award of universal credit where the award is calculated on the basis that the non-dependant does not have any earned income.

• (9) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—

• (a) any attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance , child disability payment , armed forces independence payment , personal independence payment or adult disability payment received by him;

• (b) any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the Independent Living Fund (2006) which had his income fallen to be calculated under or by regulation 40 (calculation of income other than earnings) would have been disregarded under paragraph 23 of Schedule 5 (income in kind); and

• (ba) any Grenfell Tower payment;

• (bb) any child abuse payment;

• (bc) any Windrush payment;

• (bd) any Post Office compensation payment;

• (be) any LGBT Financial Recognition Scheme payment;

• (bf) any miscarriage of justice compensation payment;

• (c) any payment which had his income fallen to be calculated under regulation 40 would have been disregarded under paragraph 35 of Schedule 5 (payments made under certain trusts and certain other payments).

• (d) 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.

• (10) No deduction shall be made in respect of a non-dependant who is on state pension credit.

• (11) For the purposes of paragraph (8), “earned income” has the meaning given in regulation 52 of the Universal Credit Regulations 2013.

Minimum housing benefit

75

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

PART 9 — Calculation of weekly amounts and changes of circumstances

Date on which entitlement is to commence

76

• (1) Subject to paragraphs (2) and (3), a person who makes a claim and is otherwise entitled to housing benefit shall be entitled to that benefit from the benefit week following the date on which his claim is or is treated as made.

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

• (3) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—

• (a) he is otherwise entitled to housing benefit;

• (b) paragraph (2) does not apply to him; and

• (c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (4) which he occupies as his home.

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

• (a) a hostel;

• (b) board and lodging accommodation where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987;

• (c) accommodation which the authority holds on a licence agreement where the payments are to an authority under section 206(2) of the Housing Act 1996 or section 35(2)(b) of the Housing (Scotland) Act 1987; or

• (d) accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years.

• (5) In this regulation—

• “board and lodging accommodation” means—accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; oraccommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel; and

• “Housing Revenue Account” has the same meaning as for the purposes of Part VIII of the Social Security Administration Act 1992.

Date on which housing benefit is to end

77

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Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

78

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Date on which change of circumstances is to take effect

79

• (1) Except in cases where regulation 34 (disregard of changes in tax, contributions, etc) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and the following provisions of this regulation, and to regulation 80(5)), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

• (2) Subject to paragraph (8) and regulation 8(3) of the Decisions and Appeals Regulations where the change of circumstances is a change in the amount of rent payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.

• (2A) Subject to paragraphs (8) to (10), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

• (a) that a person moves into a new dwelling occupied as the home, or

• (b) any other event which—

• (i) entitles a person to be treated as occupying two dwellings as his home under regulation 7(6), or

• (ii) brings to an end a person’s right to be treated as occupying two dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying two dwellings as his home,

that change of circumstances shall take effect on the day on which it actually occurs.

• (2B) Subject to paragraph (8), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 7(6), for which a person can be treated as occupying two dwellings as his home, that change shall take effect on the day after the last day of that period

• (3) Subject to paragraphs (8) ..., where the change of circumstances is an amendment to these Regulations that change, subject to regulation 80(5), shall take effect as follows—

• (a) where the amendment is made by an order under section 150 of the Administration Act (annual up-rating of benefits)—

• (i) in a case in which the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 80(2)(b) or (c) (calculation of weekly amounts), from 1st April;

• (ii) in any other case, from the first Monday in April,

in the year in which that order comes into force;

• (b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into force in the particular case.

• (4) Subject to paragraph (8), if two or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (2A) or (2B) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.

• (5) Where, during a benefit week commencing on the first Monday in April—

• (a) a change of circumstances takes effect in accordance with paragraph (3)(a)(ii);

• (b) one or more changes of circumstances occur to which paragraph (1) applies; and

• (c) no other change of circumstances occurs to which this regulation applies,

any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.

• (6) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, Part 4 of the 2012 Act or article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

• (7) Without prejudice to paragraph (6), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

• (8) Subject to paragraph (9), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, ... in which case that change shall take effect on the day on which it actually occurs.

• (9) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as occupying the former dwelling in accordance with whichever of those regulations applies in his case.

• (10) Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.

Calculation of weekly amounts

80

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

• (2) The weekly amount of a claimant's eligible rent shall be—

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

• (b) subject to paragraph (4), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

• (c) subject to paragraph (4), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In a case—

• (a) to which regulation 76(2) or (3) (date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;

• (b) where a change of circumstances takes effect in a benefit week under regulation 79(2A), (but is not a change described in sub-paragraph (c)(ii) of this regulation), (2B), (8) or (9) other than on the Monday of a benefit week then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his daily rent by the appropriate number of days in that benefit week;

• (c) where—

• (i) the amount of eligible rent which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 79(2), or

• (ii) the claimant—

• (aa) moves to a new dwelling occupied as the home,

• (bb) he is not entitled to be treated, immediately after that move, as occupying two dwellings as his home or as occupying his former dwelling as his home, and

• (cc) that change of circumstances takes effect under regulation 79(2A),

other than on the Monday of a benefit week, then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his old and new daily rent by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.

• (5) In the case of a claimant whose weekly eligible rent falls to be calculated in accordance with paragraph (4)(a) or (b) by reference to the daily rent in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent by reference to the amounts determined in his case in accordance with Parts 5 to 8 (applicable amounts, income and capital, students and amount of benefit).

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

• (7) In any case where a claimant has received an extended payment or an extended payment (severe disablement allowance and incapacity benefit), his entitlement shall be adjusted in such circumstances and by such amount as are prescribed in Part 3 of Schedule 7 or paragraph 9 of Schedule 8, as the case may be.

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

• (9) In this regulation “daily rent” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) is appropriate in each case.

• (10) Where a claimant is entitled to benefit in respect of two (but not more than two) dwellings in accordance with regulation 7(6) his eligible rent shall be calculated in respect of each dwelling in accordance with this regulation.

Rent free periods

81

• (1) This regulation applies to a claimant for any period (referred to in this regulation as a rent free period) in, or in respect of, which he is not liable to pay rent except for any period to which regulation 8(1)(d) (waiver of rent by landlord in return for work done) applies.

• (2) In the case of the beginning or ending of a claimant’s rent-free period, his eligible rent for the benefit week in which the rent free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 80(4) applies.

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

• (a) in a case to which regulation 80(2)(a) applies, the amounts determined in his case in accordance with Parts 5 to 8 (applicable amounts, income and capital, students and amount of benefit) shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

• (b) subject to paragraph (4), in a case to which regulation 80(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts 5 to 8 shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

• (4) In a case to which paragraph (3)(b) applies, where either regulation 80(5) or (6) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant's eligible rent.

PART 10 — Claims

Who may claim

82

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

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

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

• (b) in Scotland, his estate is being administered by a judicial factor or any guardian acting or appointed under the Adults with Incapacity (Scotland) Act 2000 who has power to claim or, as the case may be, receive benefit on his behalf; or

• (c) an attorney with a general power or a power to claim or as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise,

that deputy, judicial factor, guardian or attorney, as the case may be, may make a claim on behalf of that person.

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

• (4) Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—

• (a) it may at any time revoke the appointment;

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

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

• (5) Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf for the purposes of the Act or under regulation 57 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 the relevant authority may, if that person agrees, treat him as if he had been appointed by them under paragraph (3).

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

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

Time and manner in which claims are to be made

83

• (1) Subject to paragraphs (4A) to (4AE), every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

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

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

• (4) A claim in writing—

• (a) may be sent or delivered to the appropriate DWP office where the claimant or his partner is also claiming income support, incapacity benefit, state pension credit, a jobseeker's allowance or an employment and support allowance;

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

• (c) sent or delivered to the appropriate DWP office, other than one sent on the same form as a claim being made to income support, incapacity benefit, a jobseeker's allowance or an employment and support allowance and as approved by the Secretary of State for the purpose of the benefits being claimed, shall be forwarded to the relevant authority within two working days of the date of the receipt of the claim at the appropriate DWP office, or as soon as practicable thereafter;

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

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

• (f) where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an authorised office.

• (g) may be sent or delivered to the offices of a county council in England if the council has arranged with the relevant authority for claims to be received at their offices (“county offices”).

• (4A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit, a claim may be made by telephone to that telephone number.

• (4AA) If the Secretary of State agrees, where—

• (a) a person makes a claim for a benefit referred to in paragraph (4)(a); and

• (b) the Secretary of State has made provision in the Social Security (Claims and Payments) Regulations 1987 for that benefit to be claimed by telephone,

that person may claim housing benefit by telephone to the telephone number specified by the Secretary of State.

• (4AB) A claim for housing benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).

• (4AC) If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified)—

• (a) furnishes the Secretary of State with such information or evidence as he may require; or

• (b) notifies the Secretary of State of any change of circumstances,

that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.

• (4AD) If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

• (a) furnishes the Secretary of State with such certificates, documents and other evidence as he may require; or

• (b) notifies the Secretary of State of any change of circumstances,

that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.

• (4AE) A claim for housing benefit may be made in accordance with paragraphs (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.

• (4B) The relevant authority may determine, in any particular case, that a claim made by telephone in accordance with paragraph (4A) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority.

• (4BA) The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.

• (4C) A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.

• (4D) Where a claim made by telephone in accordance with paragraph (4A) is defective, the relevant authority must provide the person making it with an opportunity to correct the defect.

• (4DA) Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective—

• (a) the Secretary of State may provide the person making it with an opportunity to correct the defect;

• (b) the relevant authority must provide the person making it with an opportunity to correct the defect if the Secretary of State has not already done so, unless it considers that it has sufficient information to determine the claim.

• (4E) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.

• (4F) If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.

• (5) Subject to paragraph (10), ... the date on which a claim is made shall be—

• (a) in a case where an award of income support , an income-based jobseeker's allowance or an income-related employment and support allowance has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for that income support, jobseeker's allowance or employment and support allowance was received at the appropriate DWP office, the first day of entitlement to income support , an income-based jobseeker's allowance or an income-related employment and support allowance arising from that claim; ...

• (aa) in a case where an award of universal credit has been made to the claimant and the claim for housing benefit is made—

• (i) within one month of the date on which the claim for universal credit was made in accordance with regulation 8 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2013 (“the Claims and Payments Regulations”); or

• (ii) in a case where the award of universal credit was made without a claim in accordance with regulation 6 (claims not required for entitlement to universal credit in certain cases) or 9(6), (7) or (10) (claims for universal credit by members of a couple) of the Claims and Payments Regulations, or the claimant was treated as making a claim for universal credit under regulation 9(8) of those Regulations, within one month of the date on which the Secretary of State sent notification of the award to the claimant,

the first day of entitlement to universal credit arising from the award;

• (b) in a case where the claimant or his partner is a person on universal credit, income support, an income-based jobseeker's allowance or an income-related employment and support allowance and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate DWP office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

• (c) in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

• (d) except where sub-paragraph (a), (aa), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office, county offices or an appropriate DWP office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—

• (i) a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim; or

• (ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),

the date of first notification; and

• (e) in any other case, the date on which the claim is received at the designated office, authorised office, county offices or appropriate DWP office.

• (5A) For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker's allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under—

• (a) in the case of income-based jobseeker's allowance, paragraph 4 of Schedule 1 to the Jobseekers Act (waiting days); or

• (b) in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).

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

• (7) Where a claim, which is received by a relevant authority, is defective because—

• (a) it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

• (b) it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.

• (7A) Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.

• (8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (8A) are satisfied.

• (8A) The conditions are that—

• (a) where paragraph (7)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

• (b) where paragraph (7)(b) (claim not on approved form or further information requested by relevant authority) applies—

• (i) the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

• (ii) the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,

or , in either case, within such longer period as the relevant authority may consider reasonable; or

• (c) where paragraph (7A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.

• (9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

• (10) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

• (11) In the case of a person who has attained, or whose partner has attained, the age which is 17 weeks younger than the qualifying age for state pension credit, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.

• (12) Where a claimant (“C”)—

• (a) makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and

• (b) from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),

the claim is to be treated as made on the date determined in accordance with paragraph (12A).

• (12A) That date is the latest of—

• (a) the first day from which C had continuous good cause;

• (b) the day one month before the date the claim was made;

• (c) the day one month before the date when C requested that the claim should include a past period.

• (13) In this regulation “authorised office” means an office which is nominated by the Secretary of State and authorised by the relevant authority for receiving claims for decision by the relevant authority.

Date of claim where claim sent or delivered to a gateway office

84

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

Date of claim where claim sent or delivered to a gateway office

85

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

Evidence and information

86

• (1) Subject to paragraphs (1A) and (2) and to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person's entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of the relevant authority requiring him, or the Secretary of State requesting him, to do so or such longer period as the relevant authority may consider reasonable.

• (1A) Where a person notifies a change of circumstances to the appropriate DWP office under regulation 88(6), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.

• (2) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (4) applies.

• (3) Where a request is made under paragraph (1), the relevant authority shall—

• (a) inform the claimant or the person to whom housing benefit has been awarded of his duty under regulation 88 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and

• (b) without prejudice to the extent of the duty owed under regulation 88, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change or circumstances which is to be notified.

• (4) This paragraph applies to any of the following payments—

• (a) a payment which is—

• (i) disregarded under paragraph 23 of Schedule 5 (income in kind) or paragraph 34 of Schedule 6 (certain payments in kind); and

• (ii) made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No 2) Trust, the Fund, the Eileen Trust, MFET Limited, the Skipton Fund, the Caxton Foundation..., the London Emergencies Trust, the We Love Manchester Emergency Fund or the London Bombings Relief Charitable Fund;

• (b) a payment which is disregarded under paragraph 35 of Schedule 5 or paragraph 24 of Schedule 6 (payments made under certain trusts and certain other payments), other than a payment made under the Independent Living Fund (2006);

• (c) a payment which is disregarded under regulation 74(9)(b) or (c) (income of non-dependant) other than a payment made under the Independent Living Fund (2006).

• (5) Where a claimant or a person to whom housing benefit has been awarded or any partner has attained the qualifying age for state pension credit and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, ... he shall where the relevant authority so requires furnish the following information—

• (a) the name and address of the pension fund holder;

• (b) such other information including any reference or policy number as is needed to enable the personal pension scheme ...to be identified.

• (6) Where the pension fund holder receives from a relevant authority a request for details concerning a personal pension scheme ...relating to a person or any partner to whom paragraph (5) refers, the pension fund holder shall provide the relevant authority with any information to which paragraph (7) refers.

• (7) The information to which this paragraph refers is—

• (a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

• (b) in the case of—

• (i) a personal pension scheme where income withdrawal is available, the rate of the annuity which may have been purchased with the funds held under the scheme; or

• (ii) a personal pension scheme where income withdrawal is not available, ...the rate of the annuity which might have been purchased with the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

Amendment and withdrawal of claim

87

• (1) A person who has made a claim for benefit may amend it at any time before a decision has been made on the claim by notice in writing received at the designated office, by telephone call to a telephone number specified by the relevant authority under regulation 83(4A) (time and manner in which claims are to be made) or by the Secretary of State under regulation 83(4AA) or in such other manner as the relevant authority or the Secretary of State may decide or accept.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Any claim amended in accordance with paragraph (1) ... shall be treated as if it had been amended in the first instance.

• (4) A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.

• (5) Where the claim was made by telephone in accordance with paragraphs (4AA) to (4AE) of regulation 83, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.

• (6) Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.

Duty to notify changes of circumstances

88

• (1) Subject to paragraphs (3) and (6), if at any time between the making of a claim and a decision being made on it, or during the award of housing benefit, there is a change of circumstances which the claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, might reasonably be expected to know might affect the claimant's right to, the amount of or the receipt of housing benefit, that person shall be under a duty to notify that change of circumstances by giving notice ... to the designated office—

• (a) in writing; or

• (b) by telephone—

• (i) where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 83 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or

• (ii) in any case or class of case where the relevant authority determines that notice may be given by telephone; or

• (c) by any other means which the relevant authority agrees to accept in any particular case.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) The duty imposed on a person by paragraph (1) does not extend to changes in—

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

• (b) the age of the claimant or that of any member of his family or of any non-dependants;

• (c) these Regulations;

• (d) in the case of a claimant on income support, an income-based jobseeker's allowance or an income-related employment and support allowance, any circumstances which affect the amount of income support, an income-based jobseeker's allowance or an income-related employment and support allowance but not the amount of housing benefit to which he is entitled, other than the cessation of that entitlement to income support, an income-based jobseeker's allowance or an income-related employment and support allowance .

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

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Where—

• (a) the claimant or the claimant’s partner is in receipt of income support or jobseeker’s allowance;

• (b) the change of circumstance is that the claimant or the claimant’s partner starts employment; and

• (c) as a result of that change of circumstance, either entitlement to that benefit will end or, where the claimant or claimant’s partner is in receipt of a contribution-based jobseeker’s allowance, the amount of that benefit will be reduced,

the claimant may discharge the duty in paragraph (1) by notifying the change of circumstance by telephoning the appropriate DWP office if a telephone number has been provided for that purpose.

PART 11 — Decisions on questions

Decisions by a relevant authority

89

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

• (2) The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 83 and 86 being satisfied or as soon as reasonably practicable thereafter.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Notification of decisions

90

• (1) An authority shall notify in writing any person affected by a decision made by it under these Regulations—

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

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

and every notification shall include a statement as to the matters set out in Schedule 9.

• (2) A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him within one month of the date of the notification of that decision (or, if the decision was notified before 1st November 2010, before 1st December 2010), request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

• (3) For the purposes of paragraph (2), where a person affected who requests a written statement is not a natural person, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person's behalf.

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

PART 12 — Payments

Time and manner of payment

91

• (1) Subject to paragraphs (2) and (3) and regulations 92 to 98 (frequency of payment of a rent allowance, and payment on account of a rent allowance, payment provisions, offsetting) the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

• (a) the times at which and the frequency with which a person's liability to make payment of rent arises; and

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

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

• (3) Subject to regulations 92 to 97 (frequency of payment of and payment on account of a rent allowance, payment provisions), every authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.

Frequency of payment of a rent allowance

92

• (1) Subject to the following provisions of this regulation any rent allowance other than a payment made in accordance with regulation 91(2) or (3) or 93 (time and manner of payment, payment on account of rent allowance) shall be paid at intervals of 2 or 4 weeks or one month or, with the consent of the person entitled, at intervals greater than one month.

• (2) Except in a case to which paragraph (3) applies, any payment of a rent allowance shall be made, in so far as it is practicable to do so, at the end of the period in respect of which it is made.

• (3) Except in a case to which regulation 96(2) applies and subject to paragraph (4), this paragraph applies where payment of a rent allowance is being made to a landlord (which for these purposes has the same meaning as in regulations 95 and 96 (payments to a landlord)), when that payment shall be made—

• (a) at intervals of 4 weeks; and

• (b) at the end of the period in respect of which it is made.

• (4) Where paragraph (3) applies—

• (a) in a case where the liability in respect of which the rent allowance is paid is monthly, the authority may make payment at intervals of 1 month;

• (b) in a case where the authority is paying a rent allowance to a landlord in respect of more than one claimant, then the first such payment in respect of any claimant may be made to that landlord at such lesser interval as that authority considers is in the best interest of the efficient administration of housing benefit.

• (5) Except in a case to which paragraph (3) applies, where a person's weekly entitlement to a rent allowance is more than £2 he may require payment at two weekly intervals and the relevant authority shall pay at two weekly intervals in such a case.

• (6) Except in a case to which paragraph (3) applies, the relevant authority may pay a rent allowance at weekly intervals where either—

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

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

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

Payment on account of a rent allowance

93

• (1) Where it is impracticable for the relevant authority to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the authority reasonably requires and has requested or which has been requested by the Secretary of State, the authority shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

• (a) such information which may at the time be available to it concerning the claimant's circumstances; and

• (b) any relevant determination made by a rent officer in exercise of the Housing Act functions.

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

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

Payment to be made to a person entitled

94

• (1) Subject to regulations 95 to 97 (payment to landlords, payment on death) and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.

• (2) Where a person other than a person who is entitled to a rent allowance made the claim and that first person is a person referred to in regulation 82(2), (3) or (5) (persons appointed to act for a person unable to act), payment may be made to that person.

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

Circumstances in which payment is to be made to a landlord

95

• (1) Subject to paragraph (2) and paragraph 8(4) of Schedule A1 (treatment of claims for housing benefit by refugees), a payment of rent allowance shall be made to a landlord (and in this regulation the “landlord” includes a person to whom rent is payable by the person entitled to that allowance)—

• (a) where under Regulations made under the Administration Act an amount of income support, a jobseeker's allowance or an employment and support allowance payable to the claimant or his partner is being paid direct to the landlord; or

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

• (2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 96 (circumstances in which payment may be made to a landlord) shall be to discharge, in whole or in part, the liability of the claimant to pay rent to that landlord in respect of the dwelling concerned, except in so far as—

• (a) the claimant had no entitlement to the whole or part of that rent allowance so paid to his landlord; and

• (b) the overpayment of rent allowance resulting was recovered in whole or in part from that landlord.

• (2A) In a case where—

• (a) a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D; and

• (b) the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 96 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.

• (3) Where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance no such payment shall be made direct to him under paragraph (1).

Circumstances in which payment may be made to a landlord

96

• (1) Subject to paragraph 8(4) of Schedule A1 (treatment of claims for housing benefit by refugees), where regulation 95 (circumstances in which payment is to be made to a landlord) does not apply but subject to paragraphs (3) and (3A) of this regulation, a payment of a rent allowance may nevertheless be made to a person's landlord where—

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

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

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

• (2) Without prejudice to the power in paragraph (1), in any case where in the opinion of the authority—

• (a) the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and

• (b) it would be in the interests of the efficient administration of housing benefit,

a first payment of a rent allowance following the making of a decision on a claim or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000 may be made, in whole or in part, ... to that landlord.

• (3) In a case where the relevant authority is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant's rent allowance, the authority may either—

• (a) not make direct payments to the landlord in accordance with paragraph (1), (3A) or (3B); or

• (b) make such payments to the landlord where the authority is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.

• (3A) In a case where a relevant authority has determined a maximum rent in accordance with regulation 13D—

• (a) sub-paragraphs (a) and (b) of paragraph (1) shall not apply; and

• (b) payment of a rent allowance to a person’s landlord may be made where—

• (i) the relevant authority considers that the claimant is likely to have difficulty in relation to the management of his financial affairs;

• (ii) the relevant authority considers that it is improbable that the claimant will pay his rent; or

• (iii) a direct payment has previously been made by the relevant authority to the landlord in accordance with regulation 95 in respect of the current award of housing benefit; or

• (iv) the relevant authority considers that it will assist the claimant in securing or retaining a tenancy.

• (3B) Where the relevant authority suspects that the grounds in paragraph (3A)(b)(i) or (ii) apply and is considering whether to make payments on one of those grounds, it may make a payment of a rent allowance to the person’s landlord for a period not exceeding 8 weeks.

• (4) In this regulation—

• “landlord” has the same meaning as in regulation 95 and paragraph (2) of that regulation shall have effect for the purposes of this regulation; and

• “tenancy” includes—in Scotland, any other right of occupancy; andin England and Wales, a licence to occupy premises.

Payment on death of the person entitled

97

• (1) Subject to paragraphs (3) and (5) where the person entitled to an allowance has died the relevant authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.

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

• (3) A payment under paragraph (1) or (5) shall not be made unless the landlord, the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the relevant authority at its designated office within 12 months of the deceased's death or such longer period as the authority may allow in any particular case.

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

• (5) Subject to paragraph (3), where the relevant authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance was payable to his landlord in accordance with regulation 95 or 96, that authority shall pay to that landlord so much of that allowance as does not exceed the amount of rent outstanding at the date of the person's death.

Offsetting

98

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

• (2) Where an amount has been deducted under regulation 104(1) (sums to be deducted in calculating recoverable overpayments) an equivalent sum shall be offset against any arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

• (3) No amount may be offset under paragraph (1) which has been determined to be an overpayment within the meaning of regulation 99 (meaning of overpayment).

PART 13 — Overpayments

Meaning of overpayment

99

In this Part, “overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) and includes any amount paid on account under regulation 93 (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.

Recoverable overpayments

100

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

• (2) Subject to paragraph (4) this paragraph applies to an overpayment which arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.

• (3) In paragraph (2), “overpayment which arose in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

• (a) the relevant authority;

• (b) an officer or person acting for that authority;

• (c) an officer of—

• (i) the Department for Work and Pensions; or

• (ii) Revenue and Customs,

acting as such; or

• (d) a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty's Revenue and Customs,

where the claimant, a person acting on his behalf or any other person to whom the payment is made, did not cause or materially contribute to that mistake, act or omission.

• (4) Where in consequence of an official error, a person has been awarded rent rebate to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised or superseded any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision or supersession took place, shall be recoverable.

Person from whom recovery may be sought

101

• (1) For the purposes of section 75(3)(a) of the Administration Act (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—

• (a) housing benefit has been paid in accordance with regulation 95 (circumstances in which payment is to be made to the landlord) or regulation 96 (circumstances in which payment may be made to a landlord);

• (b) the landlord has notified the relevant authority or the Secretary of State in writing that he suspects that there has been an overpayment;

• (bb) the relevant authority is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;

• (c) it appears to the relevant authority that, on the assumption that there has been an overpayment—

• (i) there are grounds for instituting proceedings against any person for an offence under section 111A or 112(1) of the Administration Act (dishonest or false representations for obtaining benefit); or

• (ii) there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 88 (duty to notify a change of circumstances) and the overpayment occurred as a result of that deliberate failure; and

• (d) the relevant authority is satisfied that the landlord—

• (i) has not colluded with the claimant so as to cause the overpayment;

• (ii) has not acted, or neglected to act, in such a way so as to contribute to the period, or the amount, of the overpayment.

• (2) For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority—

• (a) subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;

• (b) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or

• (c) in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.

• (2A) Where an overpayment is made in a case where a relevant authority has determined a maximum rent (LHA) in accordance with regulation 13D (determination of a maximum rent (LHA)), and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the relevant authority must not recover from the landlord more than the landlord has received.

• (3) For the purposes of paragraphs (1) and (2A), “landlord” shall have the same meaning as it has for the purposes of regulation 95.

• (3A) For the purposes of paragraph (2)(c), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 100(3) above.

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

Method of recovery

102

• (1) Without prejudice to any other method of recovery, a relevant authority may recover a recoverable overpayment from any person referred to in regulation 101 (persons from whom recovery may be sought) by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 98 (offsetting)) or, where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1) (recovery of overpayments from prescribed benefits).

• (1ZA) Where an overpayment is recoverable from a claimant who has one or more partners, a relevant authority may recover the overpayment by deduction from any housing benefit payable to the claimant’s partner, or where it is unable to do so, may request the Secretary of State to recover any recoverable overpayment from the benefits prescribed in regulation 105(1B) (recovery of overpayments from prescribed benefits), provided that the claimant and that partner were a couple both at the time of the overpayment and when the deduction is made.

• (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) Subject to paragraphs...(4) and (5), where a relevant authority makes deductions permitted by paragraph (1) or (1ZA) from the housing benefit it is paying to a claimant or a claimant’s partner (other than deductions from arrears of entitlement), the deduction in respect of a benefit week shall be—

• (a) in a case to which paragraph (3) applies, not more than the amount there specified; and

• (b) in any other case, not more than three times five per cent. of the personal allowance for a single claimant aged not less than 25, that five per cent. being, where it is not a multiple of five pence, rounded to the next higher such multiple.

• (3) Where a relevant authority makes deductions from housing benefit it is paying to a claimant or a claimant’s partner, where the claimant has, in respect of the whole or part of the recoverable overpayment—

• (a) been found guilty of an offence whether under a statute or otherwise;

• (b) made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or

• (c) agreed to pay a penalty under section 115A of the Administration Act (penalty as an alternative to prosecution) and the agreement has not been withdrawn,

the amount deducted under paragraph (2) shall be not more than five times five per cent. of the personal allowance for a single claimant aged not less than 25, that five per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.

• (4) Where, in the calculation of housing benefit, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 3 to 10 of Schedule 4, or paragraph 10A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance Regulations, regulation 39(1)(a) of the Employment and Support Allowance Regulations 2013 or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations 1995, (sums to be disregarded in the calculation of earnings) or paragraph 14 or 15 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings), the deduction under paragraph (2) may be increased by not more than half the amount of the reduction.

• (5) No deduction made under this regulation... shall be applied so as to reduce the housing benefit in respect of a benefit week to less than 50 pence.

• (6) In this regulation—

• “admission after caution” means—in England and Wales, an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence Act 1984 ;in Scotland, admission after a caution has been administered, such admission being duly witnessed by two persons; and

• “personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(b) of column 2 of Schedule 3 (applicable amounts).

• (7) This regulation shall not apply in respect of an offence committed or an admission after caution or an agreement to pay a penalty made before 2nd October 2000.

Diminution of capital

103

• (1) Where in the case of a recoverable overpayment, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person's capital, or an error, other than one to which regulation 100(2) (effect of official error) refers, as to the amount of a person's capital, the overpayment was in respect of a period (“the overpayment period”) of more than 13 benefit weeks, the relevant authority shall, for the purpose only of calculating the amount of that overpayment—

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

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

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

Sums to be deducted in calculating recoverable overpayments

104

• (1) Subject to paragraph (2), in calculating the amount of a recoverable overpayment, the relevant authority shall deduct any amount of housing benefit which should have been determined to be payable to the person from whom the overpayment is recoverable or their partner in respect of the whole or part of the overpayment period—

• (a) on the basis of the claim as presented to the authority;

• (b) on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the decision; or

• (c) on the basis of the claim as it would have appeared if any change of circumstances, except a change of the dwelling which the claimant occupies as his home, had been notified at the time that change occurred.

• (2) In the case of rent rebate only, in calculating the amount of a recoverable overpayment the relevant authority may deduct so much of any payment by way of rent in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous decision.

Recovery of overpayments from prescribed benefits

105

• (1) Subject to paragraph (1B), for the purposes of section 75(4) of the Administration Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are—

• (a) any benefit except guardian's allowance;

• (b) income support under Part 7 of the Act;

• (c) any benefit payable under the legislation of any member State ... concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No 1408/71, as amended from time to time, on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the European Union, or in Article 3(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004, as amended from time to time, on the coordination of social security systems, whether or not the benefit has been acquired by virtue of the provisions of either Regulation, as amended from time to time;

• (d) a jobseeker's allowance;

• (e) state pension credit.

• (f) an employment and support allowance.

• (g) personal independence payment.

• (ga) adult disability payment;

• (h) universal credit.

• (1A) For the purposes of paragraph (1)(c) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Union and its Member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999, as amended from time to time.

• (1B) For the purposes of section 75(4) of the Administration Act, where recovery is sought from the claimant’s partner under regulation 102(1ZA), the benefits prescribed by this regulation are—

• (a) income support under Part 7 of the Act;

• (b) income-based jobseeker’s allowance;

• (c) state pension credit; and

• (d) income-related employment and support allowance.

• (e) personal independence payment.

• (ea) adult disability payment; and

• (f) universal credit.

• (2) The Secretary of State shall, if requested to do so by an authority under regulation 102 (method of recovery), recover a recoverable overpayment by deduction from any of the benefits prescribed in paragraph (1) or (in the case of the claimant’s partner) any of the benefits prescribed in paragraph (1B) provided that the Secretary of State is satisfied that—

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

• (b) the person from whom it is sought to recover the overpayment is receiving sufficient amounts of any of the benefits prescribed in paragraph (1) or (1B) (as the case may be) to enable deductions to be made for the recovery of the overpayment.

• (3) In paragraph (1)(a), “benefit” has the meaning it has in section 122(1) of the Act.

Prescribed benefits

106

• (1) The benefits prescribed for the purposes of section 75(5) and (7) of the Administration Act (recovery of overpayments) are those set out in the following paragraphs.

• (2) Prescribed benefits within section 75(5) of the Administration Act (benefits to which a landlord or agent is entitled) are—

• (a) housing benefit; and

• (b) those benefits prescribed from time to time in regulation 105(1) (recovery of overpayments from prescribed benefits), but only in cases where—

• (i) an authority has, pursuant to regulation 102 (method of recovery), requested the Secretary of State to recover an overpayment of housing benefit from such benefits; and

• (ii) the Secretary of State is satisfied as to the matters prescribed in paragraph (3)(a) and (b) of regulation 105.

• (3) Housing benefit is prescribed for the purposes of section 75(5)(b) or (c) of the Administration Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).

• (4) Prescribed benefits within section 75(7) of the Administration Act (benefits recoverable from the county court or the sheriff court) are housing benefit and those benefits prescribed from time to time in regulation 105(1).

Restrictions on recovery of rent and consequent notifications

107

• (1) Where, pursuant to section 75(5)(b) of the Administration Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as “the landlord” in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as “the tenant” in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.