The Housing Benefit Regulations 2006

Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.

29

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

30

Any payment made by the Secretary of State to compensate for the loss (in whole or in part) of entitlement to housing benefit.

31

The value of the right to receive an occupational or personal pension.

32

The value of any funds held under a personal pension scheme....

33

The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

34

Any payment in kind which is a Grenfell Tower payment, child abuse payment or Windrush payment or is made by a charity or under or by the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund ... , MFET Limited, the Skipton Fund, the Caxton Foundation, the Scottish Infected Blood Support Scheme, an approved blood scheme or the Independent Living Fund (2006).

35

Any payment made pursuant to section 2 of the 1973 Act or section 2 of the Enterprise and New Towns (Scotland) Act 1990, but only for the period of 52 weeks beginning on the date of receipt of the payment.

36

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

37

Any payment in consequence of a reduction of council tax under section 13, section 13A or section 80 of the Local Government Finance Act 1992 (reduction of liability for council tax), but only for a period of 52 weeks from the date of the receipt of the payment.

38

Any grant made to the claimant in accordance with a scheme made under section 129 of the Housing Act 1988 or section 66 of the Housing (Scotland) Act 1988 (schemes for payments to assist local housing authority and local authority tenants to obtain other accommodation) which is to be used—

• (a) to purchase premises intended for occupation as his home; or

• (b) to carry out repairs or alterations which are required to render premises fit for occupation as his home,

for a period of 26 weeks from the date on which he received such a grant or such longer period as is reasonable in the circumstances to enable the purchase, repairs or alterations to be completed and the claimant to commence occupation of those premises as his home.

39

Any arrears of supplementary pension which is disregarded under paragraph 53 of Schedule 5 (sums to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 54 or 55 of that Schedule, but only for a period of 52 weeks from the date of receipt of the arrears.

40

• (1) Any payment or repayment made—

• (a) as respects England, under regulation 5, 6 or 12 of the National Health Service (Travel Expenses and Remission of Charges) Regulations 2003 (travelling expenses and health service supplies);

• (b) as respects Wales, under regulation 5, 6 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Wales) Regulations 2007 (travelling expenses and health service supplies);

• (c) as respects Scotland, under regulation 3, 5 or 11 of the National Health Service (Travelling Expenses and Remission of Charges) (Scotland) (No. 2) Regulations 2003 (travelling expenses and health service supplies),

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

• (2) Any payment or repayment made by the Secretary of State for Health and Social Care, the Scottish Ministers or the Welsh Ministers which is analogous to a payment or repayment mentioned in sub-paragraph (1), but only for a period of 52 weeks from the date of receipt of the payment or repayment.

41

Any payment made to such persons entitled to receive benefits as may be determined by or under a scheme made pursuant to section 13 of the Social Security Act 1988 in lieu of vouchers or similar arrangements in connection with the provision of those benefits (including payments made in place of healthy start vouchers, milk tokens or the supply of vitamins), but only for a period of 52 weeks from the date of receipt of the payment.

42

Any payment made either by the Secretary of State for Justice or Scottish Ministers under a scheme established to assist relatives and other persons to visit persons in custody, but only for a period of 52 weeks from the date of the receipt of the payment.

43

Any payment (other than a training allowance) made, whether by the Secretary of State or any other person, under the Disabled Persons (Employment) Act 1944 ... to assist disabled persons to obtain or retain employment despite their disability.

44

Any payment made by a local authority under section 3 of the Disabled Persons (Employment) Act 1958 or under Part 4 of the Social Services and Well-being (Wales) Act 2014 to homeworkers assisted under the Blind Homeworkers' Scheme.

45

• (1) Any sum of capital to which sub-paragraph (2) applies and—

• (a) which is administered on behalf of a person by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998 or by the Court of Protection;

• (b) which can only be disposed of by order or direction of any such court; or

• (c) where the person concerned is under the age of 18, which can only be disposed of by order or direction prior to that person attaining age 18.

• (2) This sub-paragraph applies to a sum of capital which is derived from—

• (a) an award of damages for a personal injury to that person; or

• (b) compensation for the death of one or both parents where the person concerned is under the age of 18.

46

Any sum of capital administered on behalf of a person in accordance with an order made under section 13 of the Children (Scotland) Act 1995 or under Rule 36.14 of the Ordinary Cause Rules 1993 or under Rule 128 of those Rules, where such sum derives from—

• (a) award of damages for a personal injury to that person; or

• (b) compensation for the death of one or both parents where the person concerned is under the age of 18.

47

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

48

The amount of any child maintenance bonus payable by way of jobseeker's allowance or income support in accordance with section 10 of the Child Support Act 1995 , or a corresponding payment under Article 4 of the Child Support (Northern Ireland) Order 1995 , but only for a period of 52 weeks from the date of receipt.

49

In the case of a person who is receiving, or who has received, assistance under the self-employment route, any sum of capital which is acquired by that person for the purpose of establishing or carrying on the commercial activity in respect of which such assistance is or was received but only for a period of 52 weeks from the date on which that sum was acquired.

50

• (1) Any payment of a sports award for a period of 26 weeks from the date of receipt of that payment except to the extent that it has been made in respect of any one or more of the items specified in sub-paragraph (2).

• (2) The items specified for the purposes of sub-paragraph (1) are food, ordinary clothing or footwear, household fuel or rent of the claimant or, where the claimant is a member of a family, any other member of his family, or any council tax or water charges for which that claimant or member is liable.

• (3) For the purposes of sub-paragraph (2)—

• “food” does not include vitamins, minerals or other special dietary supplements intended to enhance the performance of the person in the sport in respect of which the award was made;

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

51

• (1) Any payment—

• (a) by way of an education maintenance allowance made pursuant to—

• (i) regulations made under section 518 of the Education Act 1996 (payment of school expenses; grant of scholarships etc);

• (ii) regulations made under section 49 or 73(f) of the Education (Scotland) Act 1980 (power to assist persons to take advantage of educational facilities);

• (iii) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992; ...

• (b) corresponding to such an education maintenance allowance, made pursuant to—

• (i) section 14 or section 181 of the Education Act 2002 (power of Secretary of State and National Assembly for Wales to give financial assistance for purposes related to education or childcare, and allowances in respect of education or training); or

• (ii) regulations made under section 181 of that Act; or

• (c) in England, by way of financial assistance made pursuant to section 14 of the Education Act 2002.

• (2) Any payment, other than a payment to which sub-paragraph (1) applies, made pursuant to—

• (a) regulations made under section 518 of the Education Act 1996 ;

• (b) regulations made under section 49 of the Education (Scotland) Act 1980; or

• (c) directions made under section 73ZA of the Education (Scotland) Act 1980 and paid under section 12(2)(c) of the Further and Higher Education (Scotland) Act 1992,

in respect of a course of study attended by a child or a young person or a person who is in receipt of an education maintenance allowance or other payment made pursuant to any provision specified in sub-paragraph (1).

52

In the case of a claimant participating in an employment zone programme, any discretionary payment made by an employment zone contractor to the claimant, being a fee, grant, loan or otherwise, but only for the period of 52 weeks from the date of receipt of the payment.

53

Any arrears of subsistence allowance paid as a lump sum but only for the period of 52 weeks from the date of receipt of the payment.

54

Where an ex-gratia payment of £10,000 has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or interment of—

• (a) the claimant;

• (b) the claimant's partner;

• (c) the claimant's deceased spouse or deceased civil partner; or

• (d) the claimant's partner's deceased spouse or deceased civil partner,

by the Japanese during the Second World War, £10,000.

55

• (1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a member of a claimant's family who is—

• (a) a diagnosed person;

• (b) the diagnosed person's partner or the person who was the diagnosed person's partner at the date of the diagnosed person's death;

• (c) a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death; or

• (d) a member of the diagnosed person's family (other than his partner) or a person who was a member of the diagnosed person's family (other than his partner) at the date of the diagnosed person's death.

• (2) Where a trust payment is made to—

• (a) a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

• (b) a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date;

• (c) a person referred to in sub-paragraph (1)(d), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending—

• (i) two years after that date; or

• (ii) on the day before the day on which that person—

• (aa) ceases receiving full-time education; or

• (bb) attains the age of 20

whichever is the latest.

• (3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a member of a claimant's family who is—

• (a) the diagnosed person's partner or the person who was the diagnosed person's partner at the date of the diagnosed person's death;

• (b) a parent of a diagnosed person, a person acting in place of the diagnosed person's parents or a person who was so acting at the date of the diagnosed person's death; or

• (c) a member of the diagnosed person's family (other than his partner) or a person who was a member of the diagnosed person's family (other than his partner) at the date of the diagnosed person's death,

but only to the extent that such payments do not exceed the total amount of any trust payments made to that person.

• (4) Where a payment as referred to in sub-paragraph (3) is made to—

• (a) a person referred to in sub-paragraph (3)(a), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending on the date on which that person dies;

• (b) a person referred to in sub-paragraph (3)(b), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending two years after that date; or

• (c) a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which that payment is made and ending—

• (i) two years after that date; or

• (ii) on the day before the day on which that person—

• (aa) ceases receiving full-time education; or

• (bb) attains the age of 20

whichever is the latest.

• (5) In this paragraph, a reference to a person—

• (a) being the diagnosed person's partner;

• (b) being a member of a diagnosed person's family;

• (c) acting in place of the diagnosed person's parents,

at the date of the diagnosed person's death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home, an Abbeyfield Home or an independent hospital on that date.

• (6) In this paragraph—

• “diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeld-Jakob disease;

• “relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeld-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

• “trust payment” means a payment under a relevant trust.

56

The amount of any payment, other than a war pension ..., to compensate for the fact that the claimant, the claimant's partner, the claimant's deceased spouse or deceased civil partner or the claimant's partner's deceased spouse or deceased civil partner—

• (a) was a slave labourer or a forced labourer;

• (b) had suffered property loss or had suffered personal injury; or

• (c) was a parent of a child who had died,

during the Second World War.

57

• (1) Any payment made by a local authority, or by the Welsh Ministers, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

• (2) For the purposes of sub-paragraph (1) “local authority” includes in England a county council.

58

Any payment made ... regulations made under section 57 of the Health and Social Care Act 2001 or under section 12B of the Social Work (Scotland) Act 1968 as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013 , or under sections 12A to 12D of the National Health Service Act 2006 (direct payments for health care) or under sections 31 to 33 of the Care Act 2014 (direct payments) , or in accordance with regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).

59

Any payment made to the claimant pursuant to regulations under section 2(6)(b), 3 or 4 of the Adoption and Children Act 2002 .

60

Any payment made to the claimant in accordance with regulations made pursuant to section 14F of the Children Act 1989 (special guardianship support services).

SCHEDULE 7 — Extended payments of housing benefit

PART 1 — Conditions for an extended payment

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

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

PART 2 — Calculation and payment of an extended payment

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

Movers

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

Movers and rent allowances

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

Movers and rent rebates

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

Movers and extended payments

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

Maximum housing benefit

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

Movers with two homes

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

PART 3 — Adjustment of entitlement in respect of an extended payment

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

PART 4 — Interpretation

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

SCHEDULE 8 — Extended Payments (severe disablement allowance and incapacity benefit) of housing benefit

Condition for an extended payment (severe disablement allowance and incapacity benefit)

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

Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)

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

Movers

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

Movers and rent allowances.

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

Movers and rent rebates

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

Movers and extended payments (severe disablement allowance and incapacity benefit)

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

Maximum housing benefit

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

Movers with two homes

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

Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)

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

Interpretation

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

SCHEDULE 9 — Matters to be included in decision notice

PART 1 — General

1

The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 90 (notification of decisions) and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule.

2

Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 90(2) (requests for statement of reasons) and the manner and time in which to do so.

3

Every decision notice shall include a statement as to the right of any person affected by that decision to make an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision and the manner and time in which to do so.

4

Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall include a statement as to whether the original decision in respect of which the person made his representations has been confirmed or revised and where the relevant authority has not revised the decision the reasons why not.

5

Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.

6

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

7

Parts 2, 3 and 6 of this Schedule shall apply only to the decision notice given on a claim.

8

Where a decision notice is given following a revision of an earlier decision—

• (a) made of the authority's own motion which results in a revision of that earlier decision; or

• (b) made following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations, whether or not resulting in a revision of that earlier decision,

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

PART 2 — Awards where income support, an income-based jobseeker's allowance, an income-related employment and support allowance , an extended payment or an extended payment (qualifying contributory benefits) is payable

9

Where a person on income support, an income-based jobseeker's allowance or an income-related employment and support allowance is awarded housing benefit or a claimant is entitled to an extended payment in accordance with regulation 72 or an extended payment (qualifying contributory benefits) in accordance with regulation 73, the decision notice shall include a statement as to—

• (a) his weekly eligible rent, if any; and

• (b) the amount and an explanation of any deduction made under paragraph 6(2) or (3) of Schedule 1 (fuel deductions), if any, and that the deduction may be varied if he provides to the authority evidence on which it may estimate the actual or approximate amount of that service charge; and

• (c) the amount of and the category of non-dependant deductions made under regulation 74, if any; and

• (d) the normal weekly amount of rent allowance, or rent rebate as the case may be, to which he is entitled; and

• (e) in the case of a rent allowance or a rent rebate paid as if it were a rent allowance, the day of payment, and the period in respect of which payment of that allowance is to be made; and

• (f) the first day of entitlement to an allowance or rebate; and

• (g) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of, housing benefit and (without prejudice to the extent of the duty owed under regulation 88 (duty to notify changes of circumstances)) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application and without charge.

PART 3 — Awards where no income support , an income-based jobseeker's allowance or an income-related employment and support allowance is payable

10

Where a person is not on income support, an income-based jobseeker's allowance or on an income-related employment and support allowance but is awarded housing benefit, the decision notice shall include a statement as to—

• (a) the matters set out in paragraph 9; and

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

• (c) his weekly earnings; and

• (d) his weekly income other than earnings.

PART 4 — Awards where direct payments made to landlords

11

Where a decision has been made under regulation 95 or 96 (circumstances in which payment is to be made, or may be made, direct to a landlord), the decision notice shall include a statement—

• (a) as to the amount of housing benefit which is to be paid direct to the landlord and the date from which it is to be paid; and

• (b) informing the landlord of the duty imposed upon him to notify the local authority of—

• (i) any change in circumstances which might affect the claimant's entitlement to housing benefit, or the amount of housing benefit payable in his case; and

• (ii) the kind of change of circumstances which is to be notified;

• (c) informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered,

and the notice shall be sent both to the claimant and to the landlord.

12

In this Schedule, “landlord” has the same meaning as in regulation 95.

PART 5 — Notice where income of non-dependant is treated as claimant's

13

Where an authority makes a decision under regulation 26 (circumstances in which income and capital of a non-dependant is to be treated as claimant's) the decision notice shall contain a statement as to—

• (a) the fact that a decision has been made by reference to the income and capital of the claimant's non-dependant; and

• (b) the relevant authority's reasons for making that decision.

PART 6 — Notice where no award is made

14

Where a person is not awarded housing benefit—

• (a) either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 75, the decision notice shall include a statement as to—

• (i) the matters set out in paragraphs 9(a) to (c), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(d) also; and

• (ii) the matters set out in paragraphs 10(b) to (d) where the person is not on income support, an income-based jobseeker's allowance or an income-related employment and support allowance; and

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

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

PART 7 — Notice where recoverable overpayment

15

• (1) Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 100 (recoverable overpayments), the decision notice shall include a statement as to—

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

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

• (c) the amount of the recoverable overpayment; and

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

• (e) the benefit weeks to which the recoverable overpayment relates; and

• (f) where recovery of the recoverable overpayment is to be made by deduction from a rent allowance or rebate, as the case may be, that fact and the amount of the deduction.

• (2) In a case where it is—

• (a) determined that there is a recoverable overpayment;

• (b) determined that that overpayment is recoverable from a landlord; and

• (c) decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

the decision notice sent to that landlord shall identify both—

• (i) the person on whose behalf the recoverable amount was paid to that landlord; and

• (ii) claimant A.

SCHEDULE 10 — Former pathfinder authorities

PART 1 — Former pathfinder authorities

Pathfinder authority
Argyll and Bute
Blackpool
Brighton and Hove
Conwy
Coventry
East Riding of Yorkshire
Edinburgh
Guildford
Leeds
Lewisham
North East Lincolnshire
Norwich
Pembrokeshire
St Helens
Salford
South Norfolk
Teignbridge
Wandsworth

PART 2 — Application of the Regulations

1

These Regulations shall apply to former pathfinder authorities subject to the provisions of this Part of this Schedule.

2

In regulation 2(1) (interpretation)—

• (a) in the definition of “eligible rent”, in sub-paragraph (a) for “or 12D (eligible rent and maximum rent (LHA))” substitute “, 12D (eligible rent and maximum rent (LHA)) or any of regulations 12E to 12K (transitional protection for pathfinder cases)”;

• (b) after the definition of “maximum rent (LHA)” insert—

• “maximum rent (standard local rent)” means a maximum rent (standard local rate) determined in accordance with regulation 13A;

Amendment of regulation 11

3

In regulation 11(1) (eligible housing costs)—

• (a) in paragraph (c) omit “or”; and

• (b) after sub-paragraph (d) insert—

; or (e) any of regulations 12E to 12K (transitional protection for pathfinder cases) and regulations 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)),

Insertion of regulation 11A

4

In regulation 12B(1) (eligible rent) after sub-paragraph (c) insert—

• "(ca) any of regulations 12E to 12K (transitional protection for pathfinder cases);"

Amendment of regulation 12

5

In regulation 12D (eligible rent and maximum rent (LHA)) before paragraph (1) insert—

(A1) This regulation shall not apply where any of regulations 12E to 12K (transitional protection for pathfinder cases) apply.

Insert regulation 12A

6

After regulation 12D (eligible rent and maximum rent (LHA)) insert—

(12E) (1) This regulation applies where— (a) reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008; (b) on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a); and (c) regulations 12F (cases where the claimant enjoyed protection on death before 7th April 2008) and 12G (cases where the claimant enjoyed 13 week protection before 7th April 2008) do not apply. (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or (b) the amount of the eligible rent which applied immediately before 7th April 2008. (3) Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs— (a) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is higher than that eligible rent; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person; (e) the relevant authority determines a maximum rent (LHA) on 7th April 2009 by virtue of regulation 13C(4A)(b). (4) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (12F) (1) This regulation applies where— (a) immediately before 7th April 2008 the claimant enjoyed protection on death in accordance with regulation 12A(4)(a)(ii) (pathfinder protection on death based on reckonable rent); and (b) on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a). (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or (b) the amount of the eligible rent which applied immediately before 7th April 2008. (3) Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs — (a) the end of 12 months after the death to which the protection relates; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person; (4) Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection. (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (12G) (1) This regulation applies where— (a) immediately before 7th April 2008 the claimant enjoyed 13 week protection in accordance with regulation 12A(6)(a) (local housing allowance pathfinder 13 week protection); and (b) on 7th April 2008 the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(a). (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before 7th April 2008; or (b) the amount of the eligible rent which applied immediately before 7th April 2008. (3) Where the eligible rent is the amount of the eligible rent which applied immediately before 7th April 2008, it will continue to apply until, on or after 7th April 2008, the first of the following events occurs — (a) the end of the day when the protection expires, namely 13 weeks after the date of the claim; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with regulation 12H (cases where a death occurs in the first year on or after 7th April 2008) following the death of a linked person. (4) Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection. (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (12H) (1) This regulation applies where— (a) the eligible rent is that specified in regulation 12E(2)(b) (basic transitional protection for pathfinder cases), 12F(2)(b) (transitional protection where the claimant enjoyed protection on death before 7th April 2008), 12G(2)(b) (transitional protection where the claimant enjoyed 13 week protection before 7th April 2008) or paragraph (2)(b) of this regulation; (b) a linked person dies on or after 7th April 2008 and before 7th April 2009; (c) the claimant occupies the same dwelling as the linked person at the date of death; and (d) the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person). (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or (b) the amount of the eligible rent which applied immediately before the date of the death. (3) Where the eligible rent is the amount of the eligible rent which applied immediately before the date of death, it will continue to apply until, on or after the date of the death, the first of the following events occurs — (a) the end of 12 months from the date of the death; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person. (4) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (5) For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted. (12I) (1) This regulation applies where— (a) immediately before 7th April 2009 the claimant was enjoying basic transitional protection under regulation 12E; and (b) the local authority determines a maximum rent (LHA) by virtue of 13C(4A)(b) on 7th April 2009. (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where it is higher than the eligible rent applying immediately before 7th April 2008; or (b) in any other case, the lower of— (i) the amount of the eligible rent applying immediately before 7th April 2008; or (ii) the amount of the cap rent by reference to which the maximum rent (LHA) was determined.... (3) Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b), it continues to apply until, on or after 7th April 2009, the first of the following events occurs— (a) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling or 13C(3) (anniversary of the LHA date) and the maximum rent (LHA) is higher than that eligible rent; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a smaller category of dwelling; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person. (4) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (12J) (1) This regulation applies where— (a) immediately before 7th April 2009 the claimant was enjoying transitional protection on death under regulation 12H (cases where a death occurs in the first year on or after 7th April 2008); and (b) the local authority determines a maximum rent (LHA) by virtue of regulation 13C(4A)(b) on 7th April 2009 . (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death to which the protection relates; or (b) the amount of the eligible rent which applied immediately before the date of the death. (3) Where the eligible rent which applies is the one that applied immediately before the date of the death, it continues to apply until, on or after the date of the death, the first of the following events occurs— (a) the end of 12 months after the date of the death to which the protection relates; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) (change of category of dwelling) and it is higher than that eligible rent; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with regulation 12K (protection on death in the second and subsequent years after 7th April 2008) following the death of a linked person. (4) Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied if the relevant authority not determined an eligible rent in accordance with regulation 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008). (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (12K) (1) This regulation applies where— (a) the claimant’s eligible rent is that specified in regulation 12I(2)(b) (basic transitional protection in the second and subsequent years after 7th April 2008), 12J(2)(b) (transitional protection in the second year after 7th April 2008 where the claimant is already enjoying protection on death) or paragraph (2)(b) of this regulation; (b) a linked person dies on or after 7th April 2009; (c) the claimant occupies the same dwelling as the linked person at the date of death; and (d) the relevant authority determines a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (ii) (change of category of dwelling or death of a linked person). (2) Where this regulation applies, the claimant’s eligible rent is— (a) the maximum rent (LHA) where that is higher than the eligible rent which applied immediately before the date of the death; or (b) the amount of eligible rent which applied immediately before the death. (3) Where the eligible rent which applies is the one that applied immediately before the date of the death, it will continue to apply until, on or after the date of the death, the first of the following events occurs— (a) the end of 12 months from the date of the death; (b) the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(d)(i) or (3) (change of category of dwelling or anniversary of the LHA date) and it is higher than that eligible rent; (c) the relevant authority is required to determine an eligible rent following a change of dwelling; (d) the relevant authority is required to determine an eligible rent in accordance with this regulation following the death of another linked person. (4) Where the eligible rent ceases to apply because of paragraph (3)(a) the eligible rent is the one that would have applied but had the relevant authority not determined an eligible rent in accordance with this regulation. (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 12D(2)(a) (eligible rent is maximum rent (LHA)) and shall apply according to the provisions of regulation 12D (eligible rent and maximum rent (LHA)). (6) For the purposes of paragraph (1)(c), a claimant shall be treated as occupying the dwelling if regulation 7(13) is satisfied and for that purpose paragraph (13) of regulation 7 shall have effect as if sub-paragraph (b) were omitted.

Insertion of regulations 13A and 13B

7

In regulation 13C (when a maximum rent (LHA) is to be determined)—

• (a) in paragraph (1) for “paragraphs (2) or (3)” substitute “paragraphs (2), (3) or (4A)”;

• (b) in paragraph (3) after “LHA date” insert “except where paragraph (4A)(b) applies”;

• (c) after paragraph (4) insert—

(4A) This paragraph applies where it is— (a) 7th April 2008 and reference was made to a maximum rent (standard local rate) in determining the amount of the eligible rent which applied immediately before 7th April 2008; or (b) 7th April 2009 and the eligible rent which applies on that date was determined in accordance with regulation 12E(2)(b) (basic transitional protection for pathfinder cases) or 12H(2)(b) (transitional protection where a death occurs in the first year on or after 7th April 2008).

Amendment of regulation 14

8

In regulation 13D(12) (determination of a maximum rent (LHA)) in the definition of “relevant date” after sub-paragraph (c) insert—

(d) 7th April 2008; (e) 7th April 2009.

Amendment of regulation 15

9

In regulation 15(1)(a) (applications to the rent officers for redeterminations) after the words “reference made under” insert “ regulation 13A(6) or ”.

Amendment of regulation 16

10

In regulation 16 (application for redetermination by rent officer)—

• (a) in paragraph (1)(b) after the words “the Housing Act functions” insert the words “ except for functions relating to broad rental market area determinations and local housing allowance determinations or amended determinations ”;

• (b) in paragraphs (3) and (4)(b) after the words “application under regulation” insert the words “ 13A(6) or ”;

• (c) in paragraph (5) after the words “the Housing Act functions” insert the words “ (except for those relating to broad rental market area determinations and local housing allowance determinations or amended determinations) ”.

Amendment of regulation 17

11

In regulation 17 (substitute determinations or substitute redeterminations)—

• (a) in paragraph (1)(b)—

• (i) for the words “article 7A” substitute the words “ article 7A(1) or (2) ”; and

• (ii) for the words “or substitute redetermination” substitute “ , substitute redetermination, substitute board and attendance determination or substitute board and attendance redetermination ”; and

• (b) in paragraph (2) for the words “or substitute redetermination” substitute “ , substitute redetermination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination ”.

Insertion of regulation 18A

12

After regulation 18 (application of provisions to substitute determinations or substitute redeterminations) insert the following regulation—

(18A) Where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination by a rent officer and that amended determination has led to— (a) a reduction in the maximum rent (standard local rate) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant; and (b) an increase in the maximum rent (standard local rate) applicable to a claimant, the amended determination shall have effect in place of the original determination.

Amendment of regulations 95 and 96

13

• (1) In regulation 95 (circumstances in which payment is to be made to a landlord) after paragraph (2) insert the following paragraph—

(2A) In a case where— (a) a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 13A(1); 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.

• (2) In regulation 96 (circumstances in which payment may be made to a landlord)—

• (a) in paragraph (1) for the words “paragraph (3)” substitute the words “ paragraphs (3) and (3A) ”;

• (b) in sub-paragraph (a) of paragraph (3) after the words “paragraph (1)” insert the words “ or (3A) ”;

• (c) after paragraph (3) insert the following paragraph—

(3A) In a case where a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 13A— (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 eligible rent was determined by reference to a maximum rent (standard local rate) which was determined by virtue of regulation 13A(1)(a) and— (aa) the maximum rent (standard local rate) was determined less than six months previously; (bb) no subsequent maximum rent (standard local rate) has been determined in accordance with regulation 13A(1); and (cc) the claimant has, since the date the maximum rent (standard local rate) was determined, been continuously entitled to, and in receipt of, housing benefit in relation to the dwelling he occupied as his home at that date; (ii) the pathfinder authority considers that the claimant is likely to have difficulty in managing his affairs; (iii) the pathfinder authority considers that it is improbable that the claimant will pay his rent; or (iv) a direct payment has previously been made by the pathfinder authority to the landlord in accordance with regulation 95 in respect of the current award of housing benefit.

Signed

Signed by authority of the Secretary of State for Work and Pensions

James Plaskitt — Parliamentary Under Secretary of State — 2006-02-02

Explanatory note

(This note is not part of the Regulations)

Footnotes