The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006
S.R. 2006/406 · 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, 132A(3) and (4)(a), 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
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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)); section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)); 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
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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
- 13BEligible rent and maximum rent
- 13CEligible rent and maximum rent (LHA)
- 13DTransitional protection–reduction in LHA
- 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
- Part VI: Assessment of income and capital
- General
- 21Calculation of income and capital of members of claimant’s family and of a polygamous marriage
- 22Circumstances in which income of non-dependant is to be treated as claimant’s
- Income
- 23Calculation of income and capital
- 24Claimant in receipt of guarantee credit
- 25Calculation of claimant’s income and capital in savings credit only cases
- 26Calculation of income and capital where state pension credit is not payable
- 27Meaning of “income”
- 28Calculation of income on a weekly basis
- 29Treatment of child care charges
- 30Calculation of average weekly income from tax credits
- 31Calculation of weekly income
- 32Disregard of changes in tax, contributions etc.
- Employed earners
- 33Earnings of employed earners
- 34Calculation of net earnings of employed earners
- Self-employed earners
- 35Calculation of earnings of self-employed earners
- 36Earnings of self-employed earners
- 37Calculation of net profit of self-employed earners
- 38Deduction of tax and contributions of self-employed earners
- Other income
- 39Notional income
- 40Income paid to third parties
- Capital
- 41Capital limit
- 42Calculation of capital
- 43Calculation of capital in the United Kingdom
- 44Calculation of capital outside the United Kingdom
- 45Notional capital
- 46Diminishing notional capital rule
- 47Capital jointly held
- Part VII: Amount of benefit
- 48Maximum housing benefit
- 49Housing benefit tapers
- 50Amount payable during extended payment period when an extended payment is payable pursuant to regulation 70 or 71 of the Housing Benefit Regulations
- 51Extended payments (qualifying contributory benefits)
- 51ADuration of extended payment period (qualifying contributory benefits)
- 51BAmount of extended payment (qualifying contributory benefits)
- 51CRelationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
- 52Continuing payments where state pension credit claimed
- 53Non-dependant deductions
- 54Minimum housing benefit
- Part VIII: Calculation of weekly amounts and changes of circumstances
- 55Date on which entitlement is to commence
- 56Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases Repealed
- 57Date on which change of circumstances is to take effect
- 58Change of circumstances where state pension credit payable
- 59Calculation of weekly amounts
- 60Rent and rate-free periods
- Part IX: Claims
- 61Who may claim
- 62Time and manner in which claims are to be made
- 62AElectronic claims for benefit
- 63Evidence and information
- 64Amendment and withdrawal of claim
- 65Duty to notify changes of circumstances
- 65ANotice of change of circumstances given electronically
- Part X: Decisions on questions
- 66Decisions by a relevant authority
- 67Notification of decision
- Part XI: Payments
- 68Time and manner of payment
- 69Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance
- 70Frequency of payment of a rent allowance
- 71Payment on account of a rent allowance
- 72Payment to be made to a person entitled
- 73Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel
- 74Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel
- 75Payment on death of the person entitled
- 76Offsetting
- Part XII: Overpayments
- 77Meaning of overpayment
- 78Recoverable overpayments
- 79Person from whom recovery may be sought
- 80Method of recovery
- 81Diminution of capital
- 82Sums to be deducted in calculating recoverable overpayments
- 82ASums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
- 83Recovery of overpayments from prescribed benefits
- 83ARecovery by deduction from earnings
- 84Prescribed benefits
- 85Restrictions on recovery of rent and consequent modifications
- Part XIII: Information
- Claims and information
- 85AInterpretation
- 85BCollection of information
- 85CVerifying information
- 85DRecording and holding information
- 85EForwarding of information
- 85FRequest for information
- Information from landlords and agents
- 86Interpretation
- 87Requiring information
- 88Circumstances for requiring information
- 89Relevant information
- 90Manner of supply of information
- 91Criminal 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 Repealed
- 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
- IPERSONAL ALLOWANCES
- 2Paragraph 2
- Part II: Family premium
- 3Paragraph 3
- Part III: 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
- IVAMOUNTS OF PREMIUM SPECIFIED IN PART III
- Schedule 5: 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 6: 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
- 24Paragraph 24 Repealed
- 25Paragraph 25
- 26Paragraph 26
- Schedule 7: Capital to be disregarded
- Part I: 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
- 22BParagraph 22B
- 23Paragraph 23
- 24Paragraph 24
- 25Paragraph 25 Repealed
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 28ZAParagraph 28ZA
- 28AParagraph 28A
- 28BParagraph 28B
- 28CParagraph 28C
- 28DParagraph 28D
- 28EParagraph 28E
- 28FParagraph 28F
- 28GParagraph 28G
- Part II: Capital disregarded only for the purposes of determining deemed income
- 29Paragraph 29
- 30Paragraph 30
- 31Paragraph 31
- 31AParagraph 31A
- 32Paragraph 32
- 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
- Paragraph Repealed
- Schedule 9: 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 state pension credit or an extended payment (qualifying contributory benefits) is payable
- 9Paragraph 9
- Part III: Awards where no state pension credit 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 10: 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