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

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

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

• (a) blind or treated as blind by virtue of paragraph 6(5) of Schedule 3 (severe disability premiums); or

• (b) receiving in respect of himself either—

• (i) attendance allowance;...

• (ia) pension age disability payment;

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

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

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

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

• (iv) armed forces independence payment.

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

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

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (e) he is a full-time student...; or

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

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

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

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

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

• (8) No deduction shall be made in calculating the amount of a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component ...) and where the non-dependant is not a member of the work-related activity group or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income.

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

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

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

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

• (ba) any Grenfell Tower payment;

• (bb) any child abuse payment;

• (bc) any Windrush payment;

• (bd) any Post Office compensation payment;

• (be) any LGBT Financial Recognition Scheme payment;

• (bf) any miscarriage of justice compensation payment;

• (c) any payment which had his income fallen to be calculated under regulation 40 of the Housing Benefit Regulations 2006 would have been disregarded under paragraph 35 of Schedule 5 (payments made under certain trusts and certain other payments) to those Regulations.

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

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

Minimum housing benefit

56

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

PART 8 — Calculation of weekly amounts and changes of circumstances

Date on which entitlement is to commence

57

• (1) Subject to paragraph (2), a person who makes a claim for, and is otherwise entitled to, housing benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.

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

• (a) he becomes liable in that benefit week, for the first time, to make payments in respect of a dwelling which he occupies as his home; or,

• (b) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation listed in paragraph (3) which he occupies as his home.

• (3) The accommodation referred to in paragraph (2)(b) is—

• (a) a hostel;

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

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

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

• (4) In this regulation—

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

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

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

58

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

Date on which change of circumstances is to take effect

59

• (1) Except in cases where regulation 34 (disregard of changes in tax, contributions, etc) applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and the following provisions of this regulation and to regulations 60 and 61(5), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

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

• (2A) Subject to paragraphs (8) to (9A), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

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

• (b) any other event which—

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

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

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

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

• (3) Subject to paragraphs (8) ..., where the change of circumstances is an amendment to these Regulations that change, subject to regulation 61(5), shall take effect as follows—

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

• (i) in a case in which the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 61(2)(b) or (c) (calculation of weekly amounts), from 1st April;

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

in the year in which that order comes into force;

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

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

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

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

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

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

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

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

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

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

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

• (9A) Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.

• (10) Paragraph (11) applies if—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) either—

• (i) a non-dependant took up residence in the claimant's dwelling; or

• (ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 55 (non-dependant deductions) increased.

• (11) Where this paragraph applies, the change of circumstances referred to in paragraph (10)(b) shall take effect from the effective date.

• (12) In paragraph (11) but subject to paragraph (13), “the effective date” means—

• (a) where more than one change of a kind referred to in paragraph (10)(b) relating to the same non-dependant has occurred since—

• (i) the date on which the claimant's entitlement to housing benefit first began; or

• (ii) the date which was the last effective date in respect of such a change;

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;

• (b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (10)(b) occurred.

• (13) If in any particular case the date determined under paragraph (12) is not the first day of the benefit week, the effective date in that case shall be the first day of the next benefit week to commence after the date determined under that paragraph.

Change of circumstances where state pension credit payable

60

• (1) Paragraphs (2) to (4) apply where—

• (a) the claimant is also on state pension credit;

• (b) the amount of state pension credit awarded to him is changed in consequence of a change in the claimant's circumstances or the correction of an official error; and

• (c) the change in the amount of state pension credit payable to the claimant results in a change in the rate of housing benefit payable to the claimant.

• (2) Where the change of circumstance is that an increase in the amount of state pension credit payable to the claimant results in—

• (a) an increase in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate; or

• (b) a decrease in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which—

• (i) the local authority receives notification from the Secretary of State of the increase in the amount of state pension credit; or

• (ii) state pension credit is increased,

whichever is the later.

• (3) Where the change of circumstance is that the claimant's state pension credit is reduced and in consequence the rate of housing benefit payable to the claimant reduces—

• (a) in a case where the claimant's state pension credit is reduced because the claimant failed to notify the Secretary of State timeously of the change of circumstances, the change shall take effect from the first day of the benefit week from which state pension credit was reduced; or

• (b) in any other case the change shall take effect from the first day of the benefit week next following the date on which—

• (i) the local authority receives notification from the Secretary of State of the reduction in the amount of state pension credit; or

• (ii) state pension credit is reduced,

whichever is the later.

• (4) Where the change of circumstance is that—

• (a) state pension credit is reduced; and

• (b) in consequence of the change the rate of housing benefit payable to the claimant is increased,

the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.

• (5) Where a change of circumstances occurs in that an award of state pension credit has been made to the claimant or his partner and this would result in a decrease in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date on which—

• (a) the local authority receives notification from the Secretary of State of the award; or

• (b) entitlement to state pension credit begins,

whichever is the later.

• (6) Where, in the case of a claimant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is—

• (a) a change of circumstances of a kind described in any of paragraphs (2) to (5) which results from a relevant calculation or estimate; and

• (b) a change of circumstances which is a relevant determination,

each of which results in a change in the rate of housing benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraphs (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).

• (7) Where a change of circumstance occurs in that a guarantee credit has been awarded to the claimant or his partner and this would result in an increase in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date in respect of which the guarantee credit is first payable.

• (8) Where a change of circumstances would but for this paragraph take effect under the preceding provisions of this regulation within the 4 week period specified in regulation 54 (continuing payments where state pension credit claimed), that change shall take effect on the first day of the first benefit week to commence after the expiry of the 4 week period.

• (9) Where the change of circumstances is an amendment of these Regulations, that change, subject to regulation 61(5) (calculation of weekly amounts), shall take effect as follows—

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

• (i) in a case in which the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 61(2)(b) or (c) , from 1st April;

• (ii) in any other case, from the first Monday in April, in the year in which that order comes into force;

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

• (10) In this regulation—

• “official error” has the meaning it has in the Decisions and Appeals Regulations by virtue of regulation 1(2) of those Regulations;

• “relevant calculation or estimate” means the calculation or estimate made by the Secretary of State of the claimant's or, as the case may be, the claimant's partner's income and capital for the purposes of the award of state pension credit;

• “relevant determination” means a change in the determination by the relevant authority of the claimant's income and capital using the relevant calculation or estimate, in accordance with regulation 27(1) (calculation of claimant's income and capital in savings credit only cases).

Calculation of weekly amounts

61

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

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

• (a) subject to paragraph (3), where rent is payable at intervals of one week or a multiple thereof, the amount of eligible rent payable weekly or, where it is payable at intervals of a multiple of a week, the amount determined by dividing the amount of eligible rent payable by the number equal to the number of weeks in respect of which it is payable; or

• (b) subject to paragraph (3), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

• (c) subject to paragraph (3), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

• (3) In a case—

• (a) to which regulation 57(2) (date on which entitlement is to commence) applies, his eligible rent for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent by the number equal to the number of days in that benefit week for which he is liable to make such payments;

• (b) where a change of circumstances takes effect in a benefit week under regulation 59(2A), (but is not a change described in sub-paragraph (c)(ii) of this regulation), (2B), (8) or (9) other than on the Monday of a benefit week then the claimant’s eligible rent for that benefit week shall be calculated by multiplying his daily rent by the appropriate number of days in that benefit week;

• (c) where—

• (i) the amount of eligible rent which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 59(2); or

• (ii) the claimant—

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

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

• (cc) that change of circumstances takes effect under regulation 59(2A),

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

• (4) In the case of a claimant whose weekly eligible rent falls to be calculated in accordance with paragraph (3)(a) or (b) by reference to the daily rent in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent by reference to the amounts determined in his case in accordance with Parts 5 to 7 (applicable amounts, income and capital, and amount of benefit).

• (5) Where a change in the amount of a claimant’s applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent to which paragraph (3)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent.

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

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

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

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

Rent free periods

62

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

• (2) In the case of the beginning or ending of a claimant’s rent-free period, his eligible rent for the benefit week in which the rent free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 61(3) applies.

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

• (a) in a case to which regulation 61(2)(a) applies, the amounts determined in his case in accordance with Parts 5 to 7 (applicable amounts, income and capital, and amount of benefit) shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

• (b) subject to paragraph (4), in a case to which regulation 61(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts 5 to 7 shall be multiplied by 365 or 366, whichever is appropriate and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

• (4) In a case to which paragraph (3)(b) applies, where either regulation 61(4) or (5) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant’s eligible rent.

PART 9 — Claims

Who may claim

63

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

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

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

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

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

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

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

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

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

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

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

• (5) Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Secretary of State has appointed a person to act on his behalf for the purposes of the Act the relevant authority may if that person agrees treat him as if he had been appointed by them under paragraph (3).

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

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

Time and manner in which claims are to be made

64

• (1) Subject to paragraph (1A), the prescribed time for claiming housing benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to housing benefit, that day and the period of three months immediately following it.

• (1A) In any case where paragraph (6)(a) applies, paragraph (1) does not entitle a claimant to claim housing benefit in respect of any day earlier than 3 months before the date on which the claim for state pension credit is made (or treated as made by virtue of any provision of the Social Security (Claims and Payments) Regulations 1987).

• (2) Subject to paragraphs (5A) to (5BD), Every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

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

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

• (5) A claim in writing—

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

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

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

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

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

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

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

• (5A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit a claim may be made by telephone to that telephone number.

• (5B) If the Secretary of State agrees, where—

• (a) a person makes a claim for a benefit referred to in paragraph (5)(a); and

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

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

• (5BA) A claim for housing benefit may be made in accordance with paragraph (5B) at any time before a decision has been made on the claim for the benefit referred to in paragraph (5)(a).

• (5BB) If the Secretary of State agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations 1987 (information to be given and changes to be notified)—

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

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

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

• (5BC) If the Secretary of State agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

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

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

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

• (5BD) A claim for housing benefit may be made in accordance with paragraphs (5BB) or (5BC) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.

• (5C) The relevant authority may determine, in any particular case, that a claim made by telephone in accordance with paragraph (5A) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority ....

• (5CA) The relevant authority or the Secretary of State may determine that a claim made by telephone in accordance with paragraphs (5B) to (5BD) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Secretary of State.

• (5D) A claim made by telephone in accordance with paragraphs (5A) to (5BD) is defective unless the relevant authority or the Secretary of State is provided with all the information requested during that telephone call.

• (5E) Where a claim made by telephone in accordance with paragraph (5A) ... is defective, the relevant authority must provide the person making it with an opportunity to correct the defect.

• (5EA) Where a claim made by telephone in accordance with paragraphs (5B) to (5BD) is defective—

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

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

• (5F) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.

• (5G) If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Secretary of State last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance, where it considers that it has sufficient information to determine the claim.

• (6) Subject to paragraph (11) ... the date on which a claim is made shall be—

• (a) in a case where an award of state pension credit which comprises a guarantee credit has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for state pension credit was received at the appropriate DWP office, the first day of entitlement to state pension credit arising from that claim;

• (b) in a case where a claimant or his partner is a person in receipt of a guarantee credit and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate DWP office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

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

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

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

• (ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate DWP office of an intention to make a claim by telephone in accordance with paragraphs (5A) to (5BD),

the date of first notification; and

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

• (7) Where a claim received at the designated office or appropriate DWP office has not been made in the manner prescribed in paragraph (2), that claim is for the purposes of these Regulations defective.

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

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

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

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

• (8A) Where a claim is received at an appropriate DWP office and it appears to the Secretary of State that the form has not been properly completed, the Secretary of State may request that the claimant provides the relevant authority with the information required to complete the form.

• (9) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if, in any particular case, the conditions specified in sub-paragraph (a), (b) or (c) of paragraph (9A) are satisfied.

• (9A) The conditions are that—

• (a) where paragraph (8)(a) (incomplete form) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

• (b) where paragraph (8)(b) (claim not on approved form or further information requested by relevant authority) applies—

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

• (ii) the claimant supplies whatever information or evidence was requested under paragraph (8) within one month of the request,

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

• (c) where paragraph (8A) (further information requested by Secretary of State) applies, the relevant authority receives at the designated office the properly completed claim or the information requested to complete it within one month of the request by the Secretary of State or within such longer period as the relevant authority considers reasonable.

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

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

• (12) Paragraph (11) applies in the case of a person who has attained, or whose partner has attained, the age which is 17 weeks younger than the qualifying age for state pension credit.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

65

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

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

66

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

Evidence and information

67

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

• (1A) Where a person notifies a change of circumstances to the appropriate DWP office under regulation 69(9), the Secretary of State may request that the claimant provides to the relevant authority the information or evidence that the Secretary of State considers the relevant authority may require to determine the claimant’s continuing entitlement to housing benefit.

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

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

• (a) inform the claimant or the person to whom housing benefit has been awarded of his duty under regulation 69 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and

• (b) without prejudice to the extent of the duty owed under regulation 69, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change or circumstances which is to be notified.

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

• (a) a payment which is—

• (i) disregarded under paragraph 23 of Schedule 5 to the Housing Benefit Regulations 2006 (income in kind) or paragraph 34 of Schedule 6 to those Regulations (certain payments in kind); and

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

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

• (c) a payment which is disregarded under regulation 55(10)(b) or (c) (income of non-dependant) other than a payment made under the Independent Living Fund (2006).

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

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

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

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

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

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

• (b) in the case of—

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

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

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

Amendment and withdrawal of claim

68

• (1) A person who has made a claim for benefit may amend it at any time before a decision has been made on the claim by notice in writing received at the designated office, by telephone call to a telephone number specified by the relevant authority under regulation 64(5A) (time and manner in which claims are to be made) or by the Secretary of State under regulation 64(5B) or in such other manner as the relevant authority or the Secretary of State may decide or accept.

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

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

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

• (5) Where the claim was made by telephone in accordance with paragraphs (5B) to (5BD) of regulation 64, the withdrawal may also be made by telephone to the telephone number specified by the Secretary of State.

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

Duty to notify changes of circumstances

69

• (1) Subject to paragraphs (3), (6) , (7) and (9), if at any time between the making of a claim and a decision being made on it, or during the award of housing benefit, there is a change of circumstances which the claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, might reasonably be expected to know might affect the claimant's right to, the amount of or the receipt of housing benefit, that person shall be under a duty to notify that change of circumstances by giving notice ... to the designated office

• (a) in writing; or

• (b) by telephone—

• (i) where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 64 (time and manner in which claims are to be made) unless the authority determines that in any particular case or class of case notification may not be given by telephone; or

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

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

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

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

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

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

• (c) in these Regulations.

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

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

• (6) A person on housing benefit who is also on state pension credit must report—

• (a) changes to his tenancy, but not changes in the amount of rent payable to a housing authority;

• (b) changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides;

• (c) any absence from the dwelling which exceeds or is likely to exceed 13 weeks or where the absence is from Great Britain, which exceeds or is likely to exceed 4 weeks.

• (7) In addition to the changes required to be reported under paragraph (6) a person whose state pension credit comprises only a savings credit must also report—

• (a) changes affecting a child living with him which may result in a change in the amount of housing benefit payable in his case, but not changes in the age of the child;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) any change in the amount of the claimant's capital to be taken into account which does or may take the amount of his capital to more than £16,000;

• (d) any change in the income or capital of—

• (i) a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 24 (circumstances in which income of a non-dependant is to be treated as claimant's); or

• (ii) a person to whom regulation 27(4)(e) refers,

and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.

• (8) A person who is on housing benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (6) and (7).

• (9) Where—

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

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

• (c) as a result of that change of circumstance either entitlement to that benefit will end or the amount of that benefit will be reduced,

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

PART 10 — Decisions on questions

Decisions by a relevant authority

70

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

• (2) The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 64 and 67 (time and manner in which claims are to be made and evidence and information) being satisfied or as soon as reasonably practicable thereafter.

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

Notification of decision

71

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

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

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

and every notification shall include a statement as to the matters set out in Schedule 8.

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

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

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

PART 11 — Payments

Time and manner of payment

72

• (1) Subject to paragraphs (2) and (3) and regulations 73 to 79 (frequency of payment of rent allowance, payment on account of a rent allowance, payment provisions, offsetting) the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

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

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

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

• (3) Subject to regulations 73 to 78 (frequency of payment of and payment on account of rent allowance, payment provisions), every authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.

Frequency of payment of a rent allowance

73

• (1) Subject to the following provisions of this regulation any rent allowance other than a payment made in accordance with regulation 72(2) or (3) or 74 (time and manner of payment, payment on account of rent allowance) shall be paid at intervals of 2 or 4 weeks or one month or, with the consent of the person entitled, at intervals greater than one month.

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

• (3) Except in a case to which regulation 77(2) applies and subject to paragraph (4), this paragraph applies where payment of a rent allowance is being made to a landlord (which for these purposes has the same meaning as in regulations 76 and 77 (payments to a landlord)), when that payment shall be made—

• (a) at intervals of 4 weeks; and

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

• (4) Where paragraph (3) applies—

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

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

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

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

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

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

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

Payment on account of a rent allowance

74

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

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

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

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

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

Payment to be made to a person entitled

75

• (1) Subject to regulations 76 to 78 (payment to landlords, payment on death) and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.

• (2) Where a person other than a person who is entitled to a rent allowance made the claim and that first person is a person referred to in regulation 63(2), (3) or (5) (persons appointed to act for a person unable to act), payment may be made to that person.

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

Circumstances in which payment is to be made to a landlord

76

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

• (a) where under Regulations made under the Administration Act an amount of state pension credit payable to the claimant or his partner is being paid direct to the landlord; or

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

• (2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 77 (circumstances in which payment may be made to a landlord) shall be to discharge, in whole or in part, the liability of the claimant to pay rent to that landlord in respect of the dwelling concerned, except in so far as—

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

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

• (2A) In a case where—

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

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

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 77 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.

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

Circumstances in which payment may be made to a landlord

77

• (1) Subject to paragraph 8(4) of Schedule A1 (treatment of claims for housing benefit by refugees), where regulation 76 (circumstances in which payment is to be made to a landlord) does not apply but subject to paragraphs (3) and (3A), a payment of a rent allowance may nevertheless be made to a person's landlord where—

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

• (iii) a direct payment has previously been made by the relevant authority to the landlord in accordance with regulation 76 in respect of the current award of housing benefit; or

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

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

• (4) In this regulation—

• “landlord” has the same meaning as in regulation 76 and paragraph (2) of that regulation shall have effect for the purposes of this regulation; and

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

Payment on death of the person entitled

78

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

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

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

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

• (5) Subject to paragraph (3), where the relevant authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance was payable to his landlord in accordance with regulation 76 or 77, that authority shall pay to that landlord so much of that allowance as does not exceed the amount of rent outstanding at the date of the person's death.

Offsetting

79

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

• (2) Where an amount has been deducted under regulation 85(1) (sums to be deducted in calculating recoverable overpayments) an equivalent sum shall be offset against any arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

• (3) No amount may be offset under paragraph (1) which has been determined to be an overpayment within the meaning of regulation 80 (meaning of overpayment).

PART 12 — Overpayments

Meaning of overpayment

80

In this Part, “overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) and includes any amount paid on account under regulation 74 (payment on account of a rent allowance) which is in excess of the entitlement to housing benefit as subsequently decided.

Recoverable overpayments

81

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