Regulation 70B Amount of extended paymentF1

(1)

Subject to paragraphs (2) to (5), for any week during the extended payment period the amount of the extended payment payable to a claimant shall be the higher of the amount of housing benefit to which—

(a)

the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying income-related benefit;

(b)

the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 70 did not apply to the claimant; or

(c)

the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 70 did not apply to the claimant.

(2)

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

(3)

Where—

(a)

a claimant is entitled to an extended payment by virtue of regulation 70(3); and

(b)

the last benefit week before the claimant ceased to be entitled to a qualifying income-related benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 78(4)(c),

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

(4)

Where—

(a)

a claimant was treated as occupying 2 dwellings as the claimant’s home under regulation 7(6) at the time when the claimant’s entitlement to a qualifying income-related benefit ceased; and

(b)

the claimant’s liability to pay rent or rates for either of those dwellings ceases during the extended payment period,

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

(5)

No extended payment is payable for any rent and rate-free period as defined in regulation 79(1).

(6)

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

Annotations

Textual amendments

F1: Regs. 70-70C substituted for reg. 70 (6.10.2008) by The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 2(4)

Notes on Part VIII

Modifications

C1: Pt. VIII applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 22(1)