The Housing Benefit Regulations (Northern Ireland) 2006
S.R. 2006/405 · Made 12 October 2006 · Extends to Northern Ireland
HOUSING; Rates
Made 12th October 2006
Coming into operation 20th November 2006
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129(2), (3) and (4), 130, 131(1), (2) and (6), 132, 133, 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (t) and (5), 73, 107, 119A, 126(4) and (5) and 165(1) and (4) to (6) of the Social Security Administration (Northern Ireland) Act 1992f2 and Articles 34 and 74(1) and (3) of the Social Security (Northern Ireland) Order 1998f3 and now vested in itf4.
The Regulations are made with the consent of the Department of Finance and Personnelf5.
Annotations to the whole text
Footnotes
- f1
-
1992 c. 7; section 129(2) was amended by Article 8(2) of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002/3154 (N.I. 8)); in section 133(1) the definition of “family” was amended by paragraph 99(2) of Schedule 24 to the Civil Partnership Act 2004 (c. 33) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)
- f2
-
1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)); in section 5 subsection (1) was amended by Article 3(1) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)) and Article 70 of, and Schedule 7 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and subsection (5) was inserted by Article 3(1) of the Housing Benefit (Payment to Third Parties) (Northern Ireland) Order 1996 (S.I. 1996/2597 (N.I. 20)); section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)); section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998 and amended by paragraph 5 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and in section 165 subsection (1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and subsection (6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998
- f3
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S.I. 1998/1506 (N.I. 10); Article 34 was amended by Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 30 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002
- f4
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See Article 8(b) of S.R. 1999 No. 481
- f5
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See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993; see also Article 6(b) of S.R. 1999 No. 481
Contents
- Part I: 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 II: 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 III: Payments in respect of a dwelling
- 11Eligible housing costs
- 12Rates
- 13Rent
- 13AEligible rent
- 13AAEligible rent and maximum rent (social sector)
- 13BEligible rent and maximum rent
- 13CEligible rent and maximum rent (LHA)
- 13DTransitional protection–reduction in LHA Repealed
- A14When a maximum rent (social sector) is to be determined
- B14Determination of a maximum rent (social sector)
- 14Maximum rent
- 14AProtection on death and 13 week protection
- 14BChange in reckonable rent
- 14CWhen a maximum rent (LHA) is to be determined
- 14DDetermination of a maximum rent (LHA)
- 14EPublication of local housing allowances
- 14FAmended determinations
- 15Decisions
- 16Pre-tenancy decisions
- Part IV: Membership of a family
- 17Persons of prescribed description
- 18Circumstances in which a person is to be treated as responsible or not responsible for another
- 19Circumstances in which a person is to be treated as being or not being a member of the household
- Part V: Applicable amounts
- 20Applicable amounts
- 21Polygamous marriages
- Part VI: Income and capital
- General
- 22Calculation of income and capital of members of claimant’s family and of a polygamous marriage
- 23Circumstances in which income and capital of non-dependant is to be treated as claimant’s
- Income
- 24Calculation of income on a weekly basis
- 25Treatment of child care charges
- 26Average weekly earnings of employed earners
- 26ADate on which income consisting of earnings from employment as an employed earner are taken into account
- 27Average weekly earnings of self-employed earners
- 28Average weekly income other than earnings
- 29Calculation of average weekly income from tax credits
- 30Calculation of weekly income
- 31Disregard of changes in tax, contributions etc.
- Employed earners
- 32Earnings of employed earners
- 33Calculation of net earnings of employed earners
- Self-employed earners
- 34Earnings of self-employed earners
- 35Calculation of net profit of self-employed earners
- 36Deduction of tax and contributions of self-employed earners
- Other income
- 37Calculation of income other than earnings
- 38Capital treated as income
- 39Notional income
- Capital
- 40Capital limit
- 41Calculation of capital
- 42Disregard of capital of child and young person
- 43Income treated as capital
- 44Calculation of capital in the United Kingdom
- 45Calculation of capital outside the United Kingdom
- 46Notional capital
- 47Diminishing notional capital rule
- 48Capital jointly held
- 49Calculation of tariff income from capital
- Part VII: Students
- General
- 50Interpretation
- 51Treatment of students
- Entitlement and payments in respect of a dwelling
- 52Occupying a dwelling as a person’s home
- 53Full-time students to be treated as not liable to make payments in respect of a dwelling
- 54Student’s eligible housing costs
- 55Student partners
- Income
- 56Calculation of grant income
- 57Calculation of covenant income where a contribution is assessed
- 58Covenant income where no grant income or no contribution is assessed
- 59Relationship with amounts to be disregarded under Schedule 6
- 60Other amounts to be disregarded
- 61Treatment of student loans and post graduate loans
- 62Treatment of fee loans
- 62ATreatment of loans for specific purposes
- 63Treatment of payments from access funds
- 64Disregard of contribution and rent
- 65Further disregard of student’s income
- 66Amounts treated as capital
- 67Disregard of changes occurring during summer vacation
- Part VIII: Amount of benefit
- 68Maximum housing benefit
- 69Housing benefit tapers
- 70Extended Payments
- 70ADuration of extended payment period
- 70BAmount of extended payment
- 70CRelationship between extended payment and entitlement to housing benefit under the general conditions of entitlement
- 70DCalculation of an extended payment where the benefit cap applies
- 71Extended payments (qualifying contributory benefits)
- 71ADuration of extended payment period (qualifying contributory benefits)
- 71BAmount of extended payment (qualifying contributory benefits)
- 71CRelationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
- 71DCalculation of an extended payment (qualifying contributory benefits) where the benefit cap applies
- 72Non-dependant deductions
- 73Minimum housing benefit
- Part VIIIA: Benefit cap
- 73ACircumstances in which a benefit cap will apply
- 73BDeterminations
- 73CManner of calculating the amount of welfare benefits
- 73CADetermination of the relevant amount
- 73DReduction of housing benefit
- 73EException to the benefit cap: current or recent work
- 73FException to the benefit cap: receipt of specified benefit
- 73GInterpretation
- 73HSpecified accommodation
- Part IX: Calculation of weekly amounts and changes of circumstances
- 74Date on which entitlement is to commence
- 75Date on which housing benefit is to end Repealed
- 76Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases Repealed
- 77Date on which change of circumstances is to take effect
- 78Calculation of weekly amounts
- 79Rent and rate-free periods
- Part X: Claims
- 80Who may claim
- 81Time and manner in which claims are to be made
- 81AElectronic claims for benefit
- 82Evidence and information
- 83Amendment and withdrawal of claim
- 84Duty to notify changes of circumstances
- 84ANotice of change of circumstances given electronically
- Part XI: Decisions on questions
- 85Decisions by a relevant authority
- 86Notification of decisions
- Part XII: Payments
- 87Time and manner of payment
- 88Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance
- 89Frequency of payment of a rent allowance
- 90Payment on account of a rent allowance
- 91Payment to be made to a person entitled
- 92Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel
- 93Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel
- 94Payment on death of the person entitled
- 95Offsetting
- Part XIII: Overpayments
- 96Meaning of overpayment
- 97Recoverable overpayments
- 98Person from whom recovery may be sought
- 99Method of recovery
- 100Diminution of capital
- 101Sums to be deducted in calculating recoverable overpayments
- 101ASums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
- 102Recovery of overpayments from prescribed benefits
- 103Prescribed benefits
- 103ARecovery by deduction from earnings
- 104Restrictions on recovery of rent and consequent modifications
- Part XIV: Information ...
- Claims and information
- 104AInterpretation
- 104BCollection of information
- 104CVerifying information
- 104DRecording and holding information
- 104EForwarding of information
- 104FRequest for information
- Information from landlords and agents
- 105Interpretation
- 106Requiring information
- 107Circumstances for requiring information
- 108Relevant information
- 109Manner of supply of information
- 110Criminal offence
- Signature
- Schedule 1: Ineligible service charges
- Part I: Service charges other than for fuel
- 1Ineligible service charges
- 2Amount ineligible for meals
- 3Amount of ineligible charges
- 4Excessive service costs
- Part II: Payments in respect of fuel charges
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Schedule 2: Decisions of rent payable
- Part I: Decisions
- 1Significantly high rents
- 2Size and rent
- 3Exceptionally high rents
- 4Local reference rents
- 5Single room rents
- 6Claim-related rent
- Part II: Assumptions etc.
- 7Ineligible charges and support charges
- 8Housing associations etc.
- Part III: Indicative rent levels
- 9Paragraph 9
- Part IV: Size criteria
- 10Paragraph 10
- 10AParagraph 10A
- 10BParagraph 10B
- 11Paragraph 11
- Part V: Special cases
- 12Houseboats
- 13Mobile homes
- 14Rental purchase agreements
- Part VI: Interpretation
- 15Paragraph 15
- Schedule 3: Excluded tenancies
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- Schedule 4: Applicable amounts
- Part I: Personal allowances
- 1Paragraph 1
- 1AParagraph 1A
- 2Paragraph 2
- Part II: Family premium
- 3Paragraph 3
- Part III: Premiums
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8... 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
- IVAmounts of premiums specified in Part III
- Part V: The component
- 21Paragraph 21
- 21AParagraph 21A
- 22Paragraph 22
- 23The work-related activity component Repealed
- 24The support component
- Part VI: Amount of component
- 25Paragraph 25 Repealed
- 26Paragraph 26
- Part VII: Transitional addition
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Part VIII: Amount of transitional addition
- 30Paragraph 30
- 31Paragraph 31
- Schedule 5: 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
- Schedule 6: Sums to be disregarded in the calculation of income other than earnings
- A1Paragraph A1
- 1Paragraph 1
- 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
- 19Paragraph 19 Repealed
- 20Paragraph 20
- 21Paragraph 21
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 29AParagraph 29A
- 30Paragraph 30
- 31Paragraph 31
- 32Paragraph 32
- 32AParagraph 32A
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39 Repealed
- 40Paragraph 40 Repealed
- 41Paragraph 41
- 42Paragraph 42 Repealed
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45 Repealed
- 46Paragraph 46
- 47Paragraph 47
- 48Paragraph 48
- 49Paragraph 49
- 49AParagraph 49A
- 50Paragraph 50 Repealed
- 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
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- Schedule 7: Capital to be disregarded
- A1Paragraph A1
- 1Paragraph 1
- 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
- 13AParagraph 13A
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- 20AParagraph 20A
- 21Paragraph 21
- 21AParagraph 21A
- 22Paragraph 22
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- 30Paragraph 30 Repealed
- 31Paragraph 31
- 32Paragraph 32
- 33Paragraph 33
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37 Repealed
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- 41Paragraph 41
- 42Paragraph 42
- 42AParagraph 42A
- 43Paragraph 43
- 44Paragraph 44
- 45Paragraph 45
- 46Paragraph 46
- 47Paragraph 47 Repealed
- 48Paragraph 48
- 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
- Schedule 8: Extended payments of housing benefit Repealed
- Part I: Conditions for an extended payment Repealed
- 1Paragraph 1 Repealed
- 2Paragraph 2 Repealed
- Part II: Calculation and payment of an extended payment Repealed
- 3Paragraph 3 Repealed
- 4Movers Repealed
- 5Movers and rent allowances Repealed
- 6Movers and rent and rate rebates Repealed
- 7Movers and extended payments Repealed
- 8Maximum Housing Benefit Repealed
- 9Movers and rates rebate Repealed
- 10Movers with 2 homes Repealed
- Part III: Adjustment of entitlement in respect of an extended payment Repealed
- 11Paragraph 11 Repealed
- Part IV: Interpretation Repealed
- 12Paragraph 12 Repealed
- Schedule 9: 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 and rate rebates Repealed
- 6Movers and extended payments (severe disablement allowance and incapacity benefit) Repealed
- 7Maximum housing benefit Repealed
- 8Movers and rate rebates Repealed
- 9Movers with 2 homes Repealed
- 10Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit) Repealed
- 11Interpretation Repealed
- Schedule 10: Matters to be included in decision notice
- Part I: General
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- Part II: 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 III: Awards where no income support , an income-based jobseeker’s allowance or an income-related employment and support allowance is payable
- 10Paragraph 10
- Part IV: Awards where direct payments made to landlords
- 11Paragraph 11
- 12Paragraph 12
- Part V: Notice where income of non-dependant is treated as claimant’s
- 13Paragraph 13
- Part VI: Notice where no award is made
- 14Paragraph 14
- Part VII: Notice where recoverable overpayment
- 15Paragraph 15
- Part VIII: Notice following a decision on a work-focused interview
- 16Paragraph 16
- Schedule 11: Electronic communication
- 1Interpretation
- 2Conditions for the use of electronic communication
- 3Use of intermediaries
- 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