{
  "url": "https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-81",
  "json_url": "https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006/regulation-81.json",
  "legislation": "nisr/2006/405",
  "legislation_title": "The Housing Benefit Regulations (Northern Ireland) 2006",
  "legislation_url": "https://openlegislation.uk/housing-benefit-regulations-northern-ireland-2006",
  "path": "regulation/81",
  "kind": "regulation",
  "number": "81",
  "heading": "Time and manner in which claims are to be made",
  "text": "(1) Subject to paragraphs (4A) to (4AE), 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.\n(2) 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.\n(3) Each relevant authority shall notify the Department of the address to which claims delivered or sent to the appropriate office are to be forwarded.\n(4) A claim in writing—\n(a) may be sent or delivered to the appropriate office where the claimant or his partner is also claiming income support, state pension credit , a jobseeker’s allowance or an employment and support allowance;\n(b) where it has not been sent or delivered to the appropriate office, shall be sent or delivered to the designated office;\n(c) sent or delivered to the appropriate office shall be forwarded to the relevant authority within 2 working days of the date of the receipt of the claim at the appropriate office, or as soon as practicable thereafter;\n(d) where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an authorised office.\n(4A) 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.\n(4AA) If the Department agrees, where—\n(a) a person makes a claim for a benefit referred to in paragraph (4)(a); and\n(b) the Department has made provision in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 for that benefit to be claimed by telephone,\nthat person may claim housing benefit by telephone to the telephone number specified by the Department.\n(4AB) A claim for housing benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).\n(4AC) If the Department agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (information to be given and changes to be notified)—\n(a) furnishes the Department with such information or evidence as it may require; or\n(b) notifies the Department of any change of circumstances,\nthat person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.\n(4AD) If the Department agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—\n(a) furnishes the Department with such certificates, documents and other evidence as it may require; or\n(b) notifies the Department of any change of circumstances,\nthat person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.\n(4AE) A claim for housing benefit may be made in accordance with paragraph (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.\n(4B) The relevant authority may determine, in any particular case, that a claim made by telephone in accordance with paragraph (4A) 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.\n(4BA) The relevant authority or the Department may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Department.\n(4C) A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Department is provided with all the information requested during that telephone call.\n(4D) Where a claim made by telephone in accordance with paragraph (4A) is defective, the relevant authority must provide the person making it with an opportunity to correct the defect.\n(4DA) Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective—\n(a) the Department may provide the person making it with an opportunity to correct the defect;\n(b) the relevant authority must provide the person making it with an opportunity to correct the defect if the Department has not already done so, unless the relevant authority considers that it has sufficient information to determine the claim.\n(4E) 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 Department last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.\n(4F) 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 Department 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.\n(5) Subject to paragraph (10), the date on which a claim is made shall be—\n(a) in a case where an award of income support , an income-based jobseeker’s allowance or an income-related employment and support allowance 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 that income support , jobseeker’s allowance or employment and support allowance was received at the appropriate office, the first day of entitlement to income support , an income-based jobseeker’s allowance or an income-related employment and support allowance arising from that claim; ...\n(aa) in a case where an award of universal credit has been made to the claimant and the claim for housing benefit is made—\n(i) within one month of a date on which the claim for universal credit was made in accordance with regulation 7 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016; or\n(ii) in a case where the award of universal credit was made without a claim in accordance with regulation 8(6), (7) or (10) (claims for universal credit by members of a couple) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016, or the claimant was treated as making a claim for universal credit under regulation 8(8) of those Regulations, within one month of the date on which the Department sent notification of the award to the claimant,\nthe first day of entitlement to universal credit arising from the award;\n(b) in a case where a claimant or his partner is a person on universal credit, income support , an income-based jobseeker’s allowance or an income-related employment and support allowance 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 office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;\n(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;\n(d) except where sub-paragraph (a), (aa), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—\n(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 office of an intention to make a claim, or\n(ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),\nthe date of first notification; and\n(e) in any other case, the date on which the claim is received at the designated office, authorised office or appropriate office.\n(5A) For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker’s allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under—\n(a) in the case of income-based jobseeker’s allowance, paragraph 4 of Schedule 1 to the Jobseekers Order (waiting days); or\n(b) in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).\n(6) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.\n(7) Where a claim is defective because—\n(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\n(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,\nthe 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.\n(8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—\n(a) where paragraph (7)(a) 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\n(b) where paragraph (7)(b) applies—\n(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,\n(ii) the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,\nor within such longer period as the relevant authority may consider reasonable.\n(9) 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.\n(10) 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 thirteenth 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.\n(11) 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, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.\n(12) Where a claimant (“C”)—\n(a) makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and\n(b) from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),\nthe claim is to be treated as made on the date determined in accordance with paragraph (12A).\n(12A) That date is the latest of—\n(a) the first day from which C had continuous good cause;\n(b) the day 1 month before the date the claim was made;\n(c) the day 1 month before the date when C requested that the claim should include a past period.\n(13) In this regulation “authorised office” means an office which is nominated by the Department and authorised by the relevant authority for receiving claims for decision by the relevant authority.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 81(1) inserted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs. 1(1), 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F2",
      "text": "Words in reg. 81(1) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(a)"
    },
    {
      "type": "F",
      "label": "F3",
      "text": "Words in reg. 81(4) inserted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs. 1(1), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F4",
      "text": "Words in reg. 81(4)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(14)(a)"
    },
    {
      "type": "F",
      "label": "F5",
      "text": "Reg. 81(4A)-(4E) inserted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs. 1(1), 2(2)(c)"
    },
    {
      "type": "F",
      "label": "F6",
      "text": "Reg. 81(4AA)-(4AE) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(b)"
    },
    {
      "type": "F",
      "label": "F7",
      "text": "Words in reg. 81(4B) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(c)"
    },
    {
      "type": "F",
      "label": "F8",
      "text": "Reg. 81(4BA) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(d)"
    },
    {
      "type": "F",
      "label": "F9",
      "text": "Reg. 81(4C) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(e)"
    },
    {
      "type": "F",
      "label": "F10",
      "text": "Word in reg. 81(4D) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(f)"
    },
    {
      "type": "F",
      "label": "F11",
      "text": "Reg. 81(4DA) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(g)"
    },
    {
      "type": "F",
      "label": "F12",
      "text": "Words in reg. 81(4E) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(h)"
    },
    {
      "type": "F",
      "label": "F13",
      "text": "Reg. 81(4F) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(i)"
    },
    {
      "type": "F",
      "label": "F14",
      "text": "Words in reg. 81(5)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(14)(b)(i)(aa)"
    },
    {
      "type": "F",
      "label": "F15",
      "text": "Words in reg. 81(5)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(14)(b)(i)(bb)"
    },
    {
      "type": "F",
      "label": "F16",
      "text": "Words in reg. 81(5)(a) omitted (27.10.2008) by virtue of The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(14)(b)(i)(cc)"
    },
    {
      "type": "F",
      "label": "F17",
      "text": "Reg. 81(5)(aa) inserted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 4(6)(a)"
    },
    {
      "type": "F",
      "label": "F18",
      "text": "Words in reg. 81(5)(b) inserted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 4(6)(b)"
    },
    {
      "type": "F",
      "label": "F19",
      "text": "Words in reg. 81(5)(b) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(14)(b)(ii)"
    },
    {
      "type": "F",
      "label": "F20",
      "text": "Reg. 81(5)(d) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs. 1(1), 2(2)(j)"
    },
    {
      "type": "F",
      "label": "F21",
      "text": "Words in reg. 81(5)(d) substituted (8.5.2018) by The Universal Credit (Persons Required to Provide Information, Miscellaneous Amendments and Saving and Transitional Provision) Regulations (Northern Ireland) 2018 (S.R. 2018/92), regs. 1(2), 4(6)(c)"
    },
    {
      "type": "F",
      "label": "F22",
      "text": "Reg. 81(5A) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(14)(c)"
    },
    {
      "type": "F",
      "label": "F23",
      "text": "Words in reg. 81(10) inserted (23.5.2007) by The Social Security and Housing Benefit (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/263), regs. 1, 3"
    },
    {
      "type": "F",
      "label": "F24",
      "text": "Words in reg. 81(11) substituted (6.4.2010) by The Social Security (Equalisation of State Pension Age) Regulations (Northern Ireland) 2010 (S.R. 2010/103), regs. 1(1), 8(2)"
    },
    {
      "type": "F",
      "label": "F25",
      "text": "Reg. 81(12)(12A) substituted for reg. 81(12) (1.5.2011) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2011 (S.R. 2011/136), regs. 1(1), 4(3)"
    },
    {
      "type": "F",
      "label": "F26",
      "text": "Words in reg. 81(12A)(b) substituted (5.9.2016) by The Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/310), regs. 1(1), 4 (with reg. 5)"
    },
    {
      "type": "F",
      "label": "F27",
      "text": "Words in reg. 81(12A)(c) substituted (5.9.2016) by The Housing Benefit (Abolition of the Family Premium and date of claim) (Amendment) Regulations (Northern Ireland) 2016 (S.R. 2016/310), regs. 1(1), 4 (with reg. 5)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 81 in operation at 20.11.2006, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2006/405/regulation/81",
    "retrieved_at": "2026-11-12T03:38:14.194536+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}