The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006
S.I. 2006/214 · Made 2 February 2006
SOCIAL SECURITY
Made 2nd February 2006
Laid before Parliament 10th February 2006
Coming into force 6th March 2006
F1F2F3F4The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130(2) to (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137 and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 , sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (r) and (6), 7(2), 7A, 75, 113, 122E(3) and (4), 126A, 128A, 134(1A) and (8)(b), 189(1) and (3) to (6) and 191 of the Social Security Administration Act 1992 , section 122(3) and (5) of the Housing Act 1996 , and sections 34, 79(1) and (4) and 84 of the Social Security Act 1998 .
F5These Regulations are made for the purpose only of consolidating other regulations revoked in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 .
In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.C1C2
Annotations to the whole text
Textual amendments
- F1
1992 c. 4; section 136A was inserted by the State Pension Credit Act 2002 (c. 16), Schedule 2, paragraph 3; section 137(1) is an interpretation provision and is cited for the meaning of the words “family” and “prescribed”; sections 175(1) and (4) were amended by paragraph 29 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2); and section 175(5) was amended by paragraph 36 of Schedule 1 to the Social Security (Incapacity for Work) Act 1994 (c. 18).
- F2
1992 c. 5; section 7A was inserted by the Welfare Reform and Pensions Act 1999 (c. 30); section 122E was inserted by the Social Security Administration (Fraud) Act 1997 (c. 47), section 3; section 126A was inserted by section 11 of the Social Security Administration (Fraud) Act 1997 (c. 47); section 128A was inserted by section 28(2) of the Jobseekers Act 1995 (c. 18); section 189(1) was amended by paragraph 57 of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) 1999, Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998 (c. 14) and Schedule 6 to the Tax Credits Act 2002 (c. 21); section 134 was amended by the Housing Act 1996 (c. 52), Schedule 12, paragraph 1; section 189(4) and (5) was amended by Schedule 8 and paragraph 109 of Schedule 7 to the Social Security Act 1998; section 191 is cited for the meaning of the word “prescribe”.
- F3
- F4
1998 c. 14; section 79(1) was amended by paragraphs 12 and 13 of Schedule 4 to the Tax Credits Act 2002; section 84 is cited for the meaning of the word “prescribe”.
- F5
See section 172 of, and paragraph 10 of Part I of Schedule 7 to, the Social Security Administration Act 1992.
Modifications
- C1
Instrument applied (5.10.2009) by The Flexible New Deal (Miscellaneous Provisions) Order 2009 (S.I. 2009/1562), reg. 2(1)(c), Sch.
- C2
Instrument excluded (29.4.2013) by The Universal Credit (Transitional Provisions) Regulations 2013 (S.I. 2013/386), reg. 13(2)(c)(ii)
Contents
- Part 1: General
- 1Citation and commencement
- 2Interpretation
- 3Definition of non-dependant
- 4Cases in which section 1(1A) of the Administration Act is disapplied
- 5Persons who have attained the qualifying age for state pension credit
- 6Remunerative work
- Part 2: Provisions affecting entitlement to housing benefit
- 7Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
- 8Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling
- 9Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling
- 10Persons from abroad
- Part 3: Payments in respect of a dwelling
- 11Eligible housing costs
- 12Rent
- 12BEligible rent
- 12CEligible rent and maximum rent
- 12DEligible rent and maximum rent ( LHA )
- 12LTransitional protection – larger properties Repealed
- 12MTransitional protection – reduction in LHA
- 13Maximum rent
- 13ZAProtection on death and 13 week protection
- 13ZBChange in reckonable rent
- 13CWhen a maximum rent ( LHA ) is to be determined
- 13DDetermination of a maximum rent (LHA)
- 13EPublication of local housing allowances
- 14Requirement to refer to rent officers
- 15Applications to the rent officer for redeterminations
- 16Application for a redetermination by a rent officer
- 17Substitute determinations or substitute redeterminations
- 18Application of provisions to substitute determinations or substitute redeterminations
- 18AAmended determinations
- Part 4: Membership of a family
- 19Persons of prescribed description
- 20Circumstances in which a person is to be treated as responsible or not responsible for another
- 21Circumstances in which a person is to be treated as being or not being a member of the household
- Part 5: Applicable amounts
- 22Applicable amounts
- Part 6: Assessment of income and capital
- SECTION 1
- 23Calculation of income and capital of members of claimant's family and of a polygamous marriage
- 24Circumstances in which income of non-dependant is to be treated as claimant's
- SECTION 2
- 25Calculation of income and capital
- 26Claimant in receipt of guarantee credit
- 27Calculation of claimant's income and capital in savings credit only cases
- 28Calculation of income and capital where state pension credit is not payable
- 29Meaning of “income”
- 30Calculation of income on a weekly basis
- 31Treatment of child care charges
- 32Calculation of average weekly income from tax credits
- 33Calculation of weekly income
- 34Disregard of changes in tax, contributions etc
- SECTION 3
- 35Earnings of employed earners
- 36Calculation of net earnings of employed earners
- SECTION 4
- 37Calculation of earnings of self-employed earners
- 38Earnings of self-employed earners
- 39Calculation of net profit of self-employed earners
- 40Deduction of tax and contributions of self-employed earners
- SECTION 5
- 41Notional income
- 42Income paid to third parties
- SECTION 6
- 43Capital limit
- 44Calculation of capital
- 45Calculation of capital in the United Kingdom
- 46Calculation of capital outside the United Kingdom
- 47Notional capital
- 48Diminishing notional capital rule
- 49Capital jointly held
- Part 7: Amount of benefit
- 50Maximum housing benefit
- 51Housing benefit tapers
- 52Amount payable during extended payment period when an extended payment is payable pursuant to regulation 72 or 73 of the Housing Benefit Regulations
- 53Extended payments (qualifying contributory benefits)
- 53ADuration of extended payment period (qualifying contributory benefits)
- 53BAmount of extended payment (qualifying contributory benefits)
- 53CExtended payments (qualifying contributory benefits) – movers
- 53DRelationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
- 54Continuing payments where state pension credit claimed
- 55Non-dependant deductions
- 56Minimum housing benefit
- Part 8: Calculation of weekly amounts and changes of circumstances
- 57Date on which entitlement is to commence
- 58Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases Repealed
- 59Date on which change of circumstances is to take effect
- 60Change of circumstances where state pension credit payable
- 61Calculation of weekly amounts
- 62Rent free periods
- Part 9: Claims
- 63Who may claim
- 64Time and manner in which claims are to be made
- 64AElectronic claims for benefit
- 65Date of claim where claim sent or delivered to a gateway office Repealed
- 66Date of claim where claim sent or delivered to an office of a designated authority Repealed
- 67Evidence and information
- 68Amendment and withdrawal of claim
- 69Duty to notify changes of circumstances
- 69ZAAlternative means of notifying changes of circumstances
- 69ANotice of changes of circumstances given electronically
- Part 10: Decisions on questions
- 70Decisions by a relevant authority
- 71Notification of decision
- Part 11: Payments
- 72Time and manner of payment
- 72ACases in which payments to a housing authority are to take the form of a rent allowance
- 73Frequency of payment of a rent allowance
- 74Payment on account of a rent allowance
- 75Payment to be made to a person entitled
- 76Circumstances in which payment is to be made to a landlord
- 77Circumstances in which payment may be made to a landlord
- 78Payment on death of the person entitled
- 79Offsetting
- Part 12: Overpayments
- 80Meaning of overpayment
- 81Recoverable overpayments
- 82Person from whom recovery may be sought
- 83Method of recovery
- 84Diminution of capital
- 85Sums to be deducted in calculating recoverable overpayments
- 85ASums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
- 86Recovery of overpayments from prescribed benefits
- 87Prescribed benefits
- 87ARecovery by deduction from earnings
- 88Restrictions on recovery of rent and consequent notifications
- Part 13: Information
- SECTION 1
- 89Interpretation
- 90Collection of information
- 90AVerifying information
- 91Recording and holding information
- 92Forwarding of information
- 93Request for information
- SECTION 2
- 94Interpretation
- 95AInformation to be provided to rent officers
- 95Evidence and information required by rent officers Repealed
- 96Information to be supplied by an authority to another authority
- 97Supply of information – extended payments (qualifying contributory benefits)
- 98Requiring information from landlords and agents
- 99Circumstances for requiring information
- 100Relevant information
- 101Manner of supply of information
- 102Criminal offence
- 102ASupply of benefit administration information between authorities
- Part 14: Pathfinder authorities
- 103Modifications in respect of pathfinder authorities
- Signature
- Schedule 1: Ineligible service charges
- Part 1: Service charges other than for fuel
- 1Ineligible service charges
- 2Amount ineligible for meals
- 3Amount of ineligible charges
- 4Excessive service costs
- Part 2: Payments in respect of fuel charges
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: Excluded tenancies
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- Schedule 3: Applicable amounts
- Part 1: Personal allowances
- 1Paragraph 1
- 2Paragraph 2
- Part 2: Family premium
- 3Paragraph 3
- Part 3: Premiums
- 4Paragraph 4
- 5Paragraph 5
- 6Severe disability premium
- 7Enhanced disability premium
- 8Disabled child premium
- 9Carer premium
- 10Persons in receipt of concessionary payments
- 11Person in receipt of benefit
- Part 4: Amounts of premiums specified in Part 3
- 12Paragraph 12
- Schedule 4: Sums disregarded from claimant's earnings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 5AParagraph 5A
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- Schedule 5: Amounts to be disregarded in the calculation of income other than earnings
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23 Repealed
- 24Paragraph 24
- 25Paragraph 25
- Schedule 6: Capital to be disregarded
- Part 1: Capital to be disregarded generally
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 22AParagraph 22A
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25 Repealed
- 26Paragraph 26
- 26AParagraph 26A
- 26AAParagraph 26AA
- 26BParagraph 26B
- 26CParagraph 26C
- 26DParagraph 26D
- 26EParagraph 26E
- 26FParagraph 26F
- 26GParagraph 26G
- 26HParagraph 26H
- 26IParagraph 26I
- 26JParagraph 26J
- 26KParagraph 26K
- Part 2: Capital disregarded only for the purposes of determining deemed income
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30
- Schedule 7: Extended payments (severe disablement allowance and incapacity benefit) of housing benefit Repealed
- 1Condition for an extended payment (severe disablement allowance and incapacity benefit) Repealed
- 2Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit) Repealed
- 3Movers Repealed
- 4Movers and rent allowances. Repealed
- 5Movers and rent rebates Repealed
- 6Movers and extended payments (severe disablement allowance and incapacity benefit) Repealed
- 7Maximum housing benefit Repealed
- 8Movers with two homes Repealed
- 9Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit) Repealed
- 10Interpretation Repealed
- Schedule 8: Matters to be included in decision notice
- Part 1: General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part 2: Awards where state pension credit or an extended payment (qualifying contributory benefits) is payable
- 9Paragraph 9
- Part 3: Awards where no state pension credit is payable
- 10Paragraph 10
- Part 4: Awards where direct payments made to landlords
- 11Paragraph 11
- 12Paragraph 12
- Part 5: Notice where income of non-dependant is treated as claimant's
- 13Paragraph 13
- Part 6: Notice where no award is made
- 14Paragraph 14
- Part 7: Notice where recoverable overpayment
- 15Paragraph 15
- Schedule 9: Former pathfinder authorities
- 1Former pathfinder authorities
- Part 2: Application of the Regulations
- 1Paragraph 1
- 2Amendment of regulation 2
- 3Amendment of regulation 11
- 4Amendment of regulation 12B
- 5Amendment of regulation 12D
- 6Insertion of regulations 12E to 12K
- 7Amendment of regulation 13C
- 8Amendment of regulation 13D
- Schedule 10: Electronic Communication
- Part 1: Introduction
- 1Interpretation
- Part 2: Electronic Communication – General Provisions
- 2Conditions for the use of electronic communication
- 3Use of intermediaries
- Part 3: Electronic Communication – Evidential Provisions
- 4Effect of delivering information by means of electronic communication
- 5Proof of identity of sender or recipient of information
- 6Proof of delivery of information
- 7Proof of content of information
- Explanatory note