The Housing Benefit Regulations 2006
S.I. 2006/213 · Made 2 February 2006 · Extends to England, Wales and Scotland
SOCIAL SECURITY
Made 2nd February 2006
Laid before Parliament 10th February 2006
Coming into force 6th March 2006
M1M2M3M4The 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, 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 .
M5These 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.C1
Annotations to the whole text
Marginal citations
- M1
1992 c. 4; 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).
- M2
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”.
- M3
- M4
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”.
- M5
See section 172 of, and paragraph 10 of Part 1 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.
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
- 12BAEligible rent and maximum rent (social sector)
- 12CEligible rent and maximum rent
- 12DEligible rent and maximum rent (LHA)
- 12LTransitional protection – larger properties Repealed
- 12MTransitional protection – reduction in LHA Repealed
- A13When a maximum rent (social sector) is to be determined
- B13Determination of a maximum rent (social sector)
- 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 redetermination by 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
- 23Polygamous marriages
- 24Patients Repealed
- Part 6: Income and capital
- General
- 25Calculation of income and capital of members of claimant's family and of a polygamous marriage
- 26Circumstances in which income of non-dependant is to be treated as claimant's
- Income
- 27Calculation of income on a weekly basis
- 28Treatment of child care charges
- 29Average weekly earnings of employed earners
- 29ADate on which income consisting of earnings from employment as an employed earner are taken into account
- 30Average weekly earnings of self-employed earners
- 31Average weekly income other than earnings
- 32Calculation of average weekly income from tax credits
- 33Calculation of weekly income
- 34Disregard of changes in tax, contributions etc
- Employed earners
- 35Earnings of employed earners
- 36Calculation of net earnings of employed earners
- Self-employed earners
- 37Earnings of self-employed earners
- 38Calculation of net profit of self-employed earners
- 39Deduction of tax and contributions of self-employed earners
- Other income
- 40Calculation of income other than earnings
- 41Capital treated as income
- 42Notional income
- Capital
- 43Capital limit
- 44Calculation of capital
- 45Disregard of capital of child and young person
- 46Income treated as capital
- 47Calculation of capital in the United Kingdom
- 48Calculation of capital outside the United Kingdom
- 49Notional capital
- 50Diminishing notional capital rule
- 51Capital jointly held
- 52Calculation of tariff income from capital
- Part 7: Students
- General
- 53Interpretation
- 54Treatment of students
- Entitlement and payments in respect of a dwelling
- 55Occupying a dwelling as a person's home
- 56Full-time students to be treated as not liable to make payments in respect of a dwelling
- 57Student's eligible housing costs
- 58Student partners
- Income
- 59Calculation of grant income
- 60Calculation of covenant income where a contribution is assessed
- 61Covenant income where no grant income or no contribution is assessed
- 62Relationship with amounts to be disregarded under Schedule 5
- 63Other amounts to be disregarded
- 64Treatment of student loans and postgraduate ... loans
- 64ATreatment of fee loans
- 64BTreatment of loans for specific purposes
- 65Treatment of payments from access funds
- 66Disregard of contribution and rent
- 67Further disregard of student's income
- 68Amounts treated as capital
- 69Disregard of changes occurring during summer vacation
- Part 8: Amount of benefit
- 70Maximum housing benefit
- 71Housing benefit tapers
- 72Extended payments
- 72ADuration of extended payment period
- 72BAmount of extended payment
- 72CExtended payments – movers
- 72DRelationship between extended payment and entitlement to housing benefit under the general conditions of entitlement
- 72ECalculation of an extended payment where the benefit cap applies
- 73Extended payments (severe disablement allowance and incapacity benefit)
- 73ADuration of extended payment period (qualifying contributory benefits)
- 73BAmount of extended payment (qualifying contributory benefits)
- 73CExtended payments (qualifying contributory benefits) – movers
- 73DRelationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
- 73ECalculation of an extended payment (qualifying contributory benefits) where the benefit cap applies
- 74Non-dependant deductions
- 75Minimum housing benefit
- Part 8A: Benefit cap
- 75ACircumstances in which a benefit cap will apply
- 75BDeterminations
- 75CManner of calculating the amount of welfare benefits
- 75CADetermination of the relevant amount
- 75DReduction of housing benefit
- 75EException to the benefit cap: current or recent work
- 75FException to the benefit cap: receipt of specified benefit
- 75GInterpretation
- 75HSpecified accommodation
- Part 9: Calculation of weekly amounts and changes of circumstances
- 76Date on which entitlement is to commence
- 77Date on which housing benefit is to end Repealed
- 78Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases Repealed
- 79Date on which change of circumstances is to take effect
- 80Calculation of weekly amounts
- 81Rent free periods
- Part 10: Claims
- 82Who may claim
- 83Time and manner in which claims are to be made
- 83AElectronic claims for benefit
- 84Date of claim where claim sent or delivered to a gateway office Repealed
- 85Date of claim where claim sent or delivered to an office of a designated authority Repealed
- 86Evidence and information
- 87Amendment and withdrawal of claim
- 88Duty to notify changes of circumstances
- 88ZAAlternative means of notifying changes of circumstances
- 88ANotice of changes of circumstances given electronically
- Part 11: Decisions on questions
- 89Decisions by a relevant authority
- 90Notification of decisions
- Part 12: Payments
- 91Time and manner of payment
- 91ACases in which payments to a housing authority are to take the form of a rent allowance
- 92Frequency of payment of a rent allowance
- 93Payment on account of a rent allowance
- 94Payment to be made to a person entitled
- 95Circumstances in which payment is to be made to a landlord
- 96Circumstances in which payment may be made to a landlord
- 97Payment on death of the person entitled
- 98Offsetting
- Part 13: Overpayments
- 99Meaning of overpayment
- 100Recoverable overpayments
- 101Person from whom recovery may be sought
- 102Method of recovery
- 103Diminution of capital
- 104Sums to be deducted in calculating recoverable overpayments
- 104ASums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
- 105Recovery of overpayments from prescribed benefits
- 106Prescribed benefits
- 106ARecovery by deduction from earnings
- 107Restrictions on recovery of rent and consequent notifications
- Part 14: Information
- Claims and information
- 108Interpretation
- 109Collection of information
- 109AVerifying information
- 110Recording and holding information
- 111Forwarding of information
- 112Request for information
- Information from landlords and agents and between authorities etc.
- 113Interpretation
- 114Evidence and information required by rent officers Repealed
- 114AInformation to be provided to rent officers
- 115Information to be supplied by an authority to another authority
- 116Supply of information – extended payments (qualifying contributory benefits)
- 117Requiring information from landlords and agents
- 118Circumstances for requiring information
- 119Relevant information
- 120Manner of supply of information
- 121Criminal offence
- 121ASupply of benefit administration information between authorities
- Part 15: Former pathfinder authorities
- 122Modifications in respect of former 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
- 11AParagraph 11A
- 12Paragraph 12
- 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
- 1AParagraph 1A
- 2Paragraph 2
- Part 2: Family premium
- 3Paragraph 3
- Part 3: Premiums
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Bereavement premium Repealed
- 9Pensioner Premium for persons under 75 Repealed
- 10Pensioner Premium for persons 75 and over Repealed
- 11Higher Pensioner Premium Repealed
- 12Disability Premium
- 13Additional Condition for the...Disability Premium
- 14Severe Disability Premium
- 15Enhanced disability premium
- 16Disabled child premium
- 17Carer premium
- 18Persons in receipt of concessionary payments
- 19Person in receipt of benefit
- 4Amounts of premiums specified in Part 3
- Part 5: The component
- 21Paragraph 21
- 21AParagraph 21A
- 22Paragraph 22
- 23The work-related activity component Repealed
- 24The support component
- Part 6: Amount of component
- 25Paragraph 25
- 26Paragraph 26
- Part 7: Transitional Addition
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Part 8: Amount of transitional addition
- 30Paragraph 30
- 31Paragraph 31
- Schedule 4: Sums to be disregarded in the calculation of earnings
- 1Paragraph 1
- 2Paragraph 2
- 2AParagraph 2A
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 10AParagraph 10A
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- Schedule 5: Sums to be disregarded in the calculation of income other than earnings
- 1Paragraph 1
- A2Paragraph A2
- A3Paragraph A3
- A4Paragraph A4
- A5Paragraph A5
- 2Paragraph 2
- 2AParagraph 2A
- 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 Repealed
- 19Paragraph 19
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 27AParagraph 27A
- 28Paragraph 28
- 28AParagraph 28A
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 31AParagraph 31A
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37 Repealed
- 38Paragraph 38 Repealed
- 39Paragraph 39
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 42Paragraph 42
- 43Paragraph 43 Repealed
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 47AParagraph 47A
- 48Paragraph 48 Repealed
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51 Repealed
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 55AParagraph 55A Repealed
- 55BParagraph 55B Repealed
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- Schedule 6: Capital to be disregarded
- 1Paragraph 1
- A2Paragraph A2
- A3Paragraph A3
- A4Paragraph A4
- A5Paragraph A5
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 9AParagraph 9A
- 9AAParagraph 9AA
- 9BParagraph 9B
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 14AParagraph 14A
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 19AParagraph 19A
- 20Paragraph 20
- 20AParagraph 20A
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29 Repealed
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36 Repealed
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 41AParagraph 41A
- 42Paragraph 42
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 48AParagraph 48A Repealed
- 48BParagraph 48B Repealed
- 49Paragraph 49
- 50Paragraph 50
- 51Paragraph 51
- 52Paragraph 52
- 53Paragraph 53
- 54Paragraph 54
- 55Paragraph 55
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- Schedule 7: Extended payments of housing benefit
- Part
- Paragraph Repealed
- Paragraph Repealed
- Part
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Part
- Paragraph Repealed
- Part
- Paragraph Repealed
- Schedule 8: Extended Payments (severe disablement allowance and incapacity benefit) of housing benefit
- ... Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Paragraph Repealed
- Schedule 9: 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 income support, an income-based jobseeker's allowance, an income-related employment and support allowance , an extended payment or an extended payment (qualifying contributory benefits) is payable
- 9Paragraph 9
- Part 3: Awards where no income support , an income-based jobseeker's allowance or an income-related employment and support allowance 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 10: 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 11: 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