The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

• (a) the category specified in paragraph 1(1)(a) of Schedule 3B to the Rent Officers Order (one bedroom shared accommodation) where paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and—

• (i) neither the claimant nor his partner (where he has one) is a person to whom paragraph 6 of Schedule 3 (severe disability premium) applies; or

• (ii) the claimant’s partner is not a care leaver;

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

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

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

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

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

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

• (a) a couple...;

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

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

• (b) a person who is not a child;

• (ba) a child who cannot share a bedroom;

• (c) two children of the same sex;

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

• (e) a child

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

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

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

• (i) the claimant;

• (ii) the claimant’s partner;

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

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

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

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

• (4) The relevant authority shall determine —

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

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

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

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

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

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

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

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

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

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

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

• (12) In this regulation—

• “cap rent” means the aggregate of such payments specified in regulation 12(1) (rent) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8 (circumstances in which a person is treated as liable to make payments in respect of a dwelling) subject to regulation 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent);

• “care leaver” means a person who has not attained the age of 22 and—has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989 which had previously been made in respect to him either—after he attained the age of 16 years; orbefore he attained the age of 16 years, but had continued after he attained that age;was formerly provided with accommodation under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014;has ceased to be subject to a supervision requirement by a children’s hearing under section 70 of the Children (Scotland) Act 1995 (“the 1995 Act”) made in respect of him which had continued after he attained the age of 16 years, other than a case where—the ground of referral was based on the sole condition as to the need for compulsory measures of care specified in section 52(1)(i) of the 1995 Act (commission of offences by child); orhe was required by virtue of the supervision requirement to reside with a parent or guardian of his within the meaning of the 1995 Act, or with a friend or relative of his or of his parent or guardian; that person has ceased to be subject to a compulsory supervision order within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) which had continued after that person attained the age of 16 years, other than a case where— the section 67 ground (within the meaning of that Act) was based on the sole condition as to the need for compulsory measures of supervision specified in section 67(2)(j) of the 2011 Act (the child has committed an offence); orthat person was required by virtue of the compulsory supervision order to reside with a parent or guardian of that person within the meaning of the 1995 Act, or with a friend or relative of that person or of that person’s parent or guardian;has ceased to be a child in relation to whom the parental rights and responsibilities were transferred to a local authority under a parental responsibilities order made in accordance with section 86 of the 1995 Act or treated as so vested in accordance with paragraph 3 of Schedule 3 to that Act or has ceased to be a child in relation to whom a permanence order under section80 of the Adoption and Children (Scotland) Act 2007 has been made, or treated as being made, either—after he attained the age of 16 years; orbefore he attained the age of 16 years, but had continued after he attained that age; orhas ceased to be provided with accommodation by a local authority under section 25 of the 1995 Act where he has previously been provided with accommodation by the authority under that provision either—after he attained the age of 16 years; orbefore he attained the age of 16 years, but had continued to be in such accommodation after he attained that age;

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

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

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

Publication of local housing allowances

13E

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

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for a redetermination by a rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

18A

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

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

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

Information to be provided to rent officers

95A

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

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

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

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

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

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

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

• (c) the date on which the tenancy began;

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

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

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

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

• (i) a kitchen;

• (ii) a bathroom;

• (iii) a toilet; or

• (iv) a room suitable for living in;

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

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

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

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

• (b) the date on which the tenancy began;

• (c) the length of the tenancy;

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

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

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

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

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

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

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

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

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

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

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

• (c) whether the dwelling is—

• (i) a detached house;

• (ii) a semi-detached house;

• (iii) a terraced house;

• (iv) a maisonette;

• (v) a detached bungalow;

• (vi) a semi-detached bungalow;

• (vii) a flat in a house;

• (viii) a flat in a block;

• (ix) a flat over a shop;

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

• (xi) a hostel;

• (xii) a caravan, mobile home or houseboat;

• (xiii) board and lodgings;

• (xiv) a hotel;

• (xv) a care home;

• (xvi) an independent hospital; or

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

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

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

• (i) in the dwelling;

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

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

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

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

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

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

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

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

• (c) the rental period, whether calendar monthly, four weekly, weekly or some other period;

• (d) the length of the tenancy;

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

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

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

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

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

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

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

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

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

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

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

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

• (12) In this regulation—

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

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

Evidence and information required by rent officers

Information to be supplied by an authority to another authority

Supply of information – extended payments (qualifying contributory benefits)

Requiring information from landlords and agents

Circumstances for requiring information

Relevant information

Manner of supply of information

Criminal offence

13

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

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

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

and—

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

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

Amendment of regulation 2

Amendment of regulation 11

Amendment of regulation 12B

Amendment of regulation 12D

Insertion of regulations 12E to 12K

Amendment of regulation 13C

Amendment of regulation 13D

Supply of benefit administration information between authorities

102A

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

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

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

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

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

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

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

Amount payable during extended payment period when an extended payment is payable pursuant to regulation 72 or 73 of the Housing Benefit Regulations

Extended payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

53A

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

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

• (3) The extended payment period ends—

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

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

Amount of extended payment (qualifying contributory benefits)

53B

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

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

• (b) the amount of housing benefit to which the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 53 (extended payments (qualifying contributory benefits)) did not apply to the claimant; or

• (c) the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 53 did not apply to the claimant.

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

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

• (4) Where—

• (a) a claimant is entitled to an extended payment (qualifying contributory benefit) by virtue of regulation 53(2) (early vacation of dwelling); and

• (b) the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 61(3)(c) (calculation of rent for a partial week),

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

• (5) Where—

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

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

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

• (6) No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 62(1) (rent free periods).

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

Extended payments (qualifying contributory benefits) – movers

53C

• (1) This regulation applies—

• (a) to a mover; and

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

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

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

• (a) the second authority; or

• (b) the mover directly.

• (4) Where—

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

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

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

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

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

• (7) No extended payment (qualifying contributory benefits) is payable for any rent free period as defined in regulation 62(1) (rent free periods).

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

53D

• (1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 53(1)(b), that award will not cease until the end of the extended payment period.

• (2) Part 8 (calculation of weekly amounts and changes of circumstances) shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 53B(1)(a) or 53C(2) (amount of extended payment – movers).

Continuing payments where state pension credit claimed

Non-dependant deductions

Minimum housing benefit

26B

Any arrears of supplementary pension which is disregarded under paragraph 4 of Schedule 5 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 5 or 6 of that Schedule.

26C

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

Transitional protection – larger properties

12L

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

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent ( LHA ) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for a redetermination by a rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

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

85A

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

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

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

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

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

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

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

Recovery of overpayments from prescribed benefits

Prescribed benefits

Restrictions on recovery of rent and consequent notifications

5A

• (1) Where—

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

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

• (c) regulation 26 does not apply,

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

• (2) Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.

• (3) Notwithstanding regulation 23 (calculation of income and capital of members of claimant’s family and of a polygamous marriage), if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

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

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

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

• (b) in receipt of incapacity benefit;

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

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

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

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

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

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

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

Alternative means of notifying changes of circumstances

69ZA

• (1) In such cases and subject to such conditions as the Secretary of State may specify, the duty in regulation 69(1) to notify a change of circumstances may be discharged by notifying the Secretary of State—

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

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

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

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

Notice of changes of circumstances given electronically

Transitional protection – reduction in LHA

12M

• (1) This regulation applies where—

• (a) reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 1st April 2011;

• (b) on or after 1st April 2011 the relevant authority is required to determine a maximum rent (LHA) by virtue of—

• (i) regulation 13C(2)(d)(i) (change of category of dwelling) because the claimant has become entitled to a larger category of dwelling; or

• (ii) regulation 13C(3) (anniversary of LHA date); and

• (c) the determination referred to in sub-paragraph (b) is the first determination of a maximum rent (LHA) the relevant authority is required to make on or after 1st April 2011.

• (2) Where this regulation applies, the claimant’s eligible rent is—

• (a) the maximum rent (LHA) where that is equal to or higher than the eligible rent which applied immediately before 1st April 2011; or

• (b) in any other case, the lower of—

• (i) the amount of the eligible rent which applied immediately before 1st April 2011; or

• (ii) the amount of the cap rent by reference to which the maximum rent (LHA) referred to in paragraph (1)(b) was determined.

• (3) Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b) it will continue to apply until, on or after 1st April 2011, the first of the following events occurs—

• (a) the period 9 months after the determination of the maximum rent (LHA) referred to in paragraph (1)(b) has expired;

• (b) the relevant authority is required to determine a new 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 equal to or higher than the eligible rent referred to in paragraph (2)(b);

• (c) the relevant authority is required to determine a new 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;

• (d) the relevant authority is required to determine an eligible rent following a change of dwelling; or

• (e) the relevant authority is required to determine an eligible rent in accordance with regulation 12D(3) (protection on death).

• (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 in paragraph (2)(b).

• (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.

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent ( LHA ) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Requirement to refer to rent officers

Applications to the rent officer for redeterminations

Application for a redetermination by a rent officer

Substitute determinations or substitute redeterminations

Application of provisions to substitute determinations or substitute redeterminations

Amended determinations

26D

Any payments made...—

• (a) by virtue of regulations made under section 57 of the Health and Social Care Act 2001 (direct payments);

• (b) as a direct payment as defined in section 4(2) of the Social Care (Self-directed Support) (Scotland) Act 2013; ...

• (c) by virtue of regulations made under sections 12A to 12C of the National Health Service Act 2006 (direct payments for health care)...;

• (d) as a direct payment under Part 1 of the Care Act 2014 (care and support) or;

• (e) by virtue of regulations made under section 50 or 52 of the Social Services and Well-being (Wales) Act 2014 (direct payments).

26E

Any payment in consequence of a reduction of council tax under section 13, 13A or 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.

Recovery by deduction from earnings

87A

• (1) Any overpayment which is recoverable by virtue of regulation 81 may be recovered by a relevant authority by deduction from the earnings of the person from whom it is recoverable.

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

Restrictions on recovery of rent and consequent notifications

26F

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

26AA

Where a person chooses a lump sum under section 8(2) of the Pensions Act 2014 or in accordance with Regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—

• (a) except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

• (b) the amount of that lump sum,

but only for so long as that person does not alter that choice in favour of an increase of pension.

26G

• (1) Any payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995.

• (2) Subject to sub-paragraph (3), any payment or part of a payment made by a local authority in accordance with section 26A of the Children (Scotland) Act 1995 to a person (“A”) which A passes on to the claimant.

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

• (a) was formerly in the care of the claimant;

• (b) is aged 16 or over; and

• (c) continues to live with the claimant.

26H

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

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

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

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

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

26I

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.

26J

Any sum paid by means of assistance in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

26K

Any sum paid by means of winter heating assistance in accordance with regulations under section 30 of the Social Security (Scotland) Act 2018.

22A

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

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

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

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

25

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