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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

Not fully up to date. 20 changes made by later legislation have not yet been written into this text, which is revised to 16 July 2026.

See the changes not yet applied
ProvisionChangeMade by
Sch. 7 para. 16(2)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(3)(b)
Sch. 7 para. 16(1A)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(3)(a)
Sch. 7 para. 16(6)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(3)(b)
Sch. 7 para. 16(5)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(3)(b)
reg. 2(1)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(2)(a)
reg. 2(1)words insertedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(2)(b)
Sch. 7 para. 16(4)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(3)(b)
Sch. 7 para. 16(3)words substitutedInquiry (Mother and Baby Institutions, Magdalene Laundries and Workhouses) and Redress Scheme Act (Northern Ireland) 2026 Sch. 4 para. 6(3)(b)
Sch. 7 para. 16(2)-(5)words insertedSocial Security 2026 reg. 5(4)(b)
reg. 2(1)words insertedSocial Security 2026 reg. 5(2)(b)
reg. 53(10)(bg)insertedSocial Security 2026 reg. 5(3)
Sch. 7 para. 16(1A)words insertedSocial Security 2026 reg. 5(4)(a)
reg. 2(1)words insertedSocial Security 2026 reg. 5(2)(a)
Sch. 7 para. 16(6)words insertedSocial Security 2026 reg. 5(4)(b)
Sch. 7 para. 16(6)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 4(4)(b)
Sch. 7 para. 16(2)-(5)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 4(4)(b)
Sch. 7 para. 16(1A)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 4(4)(a)
reg. 53(10)(bh)insertedSocial Security (Income and Capital Disregards) 2026 reg. 4(3)
reg. 2(1)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 4(2)(b)
reg. 2(1)words insertedSocial Security (Income and Capital Disregards) 2026 reg. 4(2)(a)

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

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

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

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

See Article 8(b) of S.R. 1999 No. 481

f5

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

  1. Part I: General
  2. 1Citation and commencement
  3. 2Interpretation
  4. 3Definition of non-dependant
  5. 4Cases in which section 1(1A) of the Administration Act is disapplied
  6. 5Persons who have attained the qualifying age for state pension credit
  7. 6Remunerative work
  8. Part II: Provisions affecting entitlement to housing benefit
  9. 7Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
  10. 8Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling
  11. 9Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling
  12. 10Persons from abroad
  13. Part III: Payments in respect of a dwelling
  14. 11Eligible housing costs
  15. 12Rates
  16. 13Rent
  17. 13AEligible rent
  18. 13BEligible rent and maximum rent
  19. 13CEligible rent and maximum rent (LHA)
  20. 13DTransitional protection–reduction in LHA
  21. 14Maximum rent
  22. 14AProtection on death and 13 week protection
  23. 14BChange in reckonable rent
  24. 14CWhen a maximum rent (LHA) is to be determined
  25. 14DDetermination of a maximum rent (LHA)
  26. 14EPublication of local housing allowances
  27. 14FAmended determinations
  28. 15Decisions
  29. 16Pre-tenancy decisions
  30. Part IV: Membership of a family
  31. 17Persons of prescribed description
  32. 18Circumstances in which a person is to be treated as responsible or not responsible for another
  33. 19Circumstances in which a person is to be treated as being or not being a member of the household
  34. Part V: Applicable amounts
  35. 20Applicable amounts
  36. Part VI: Assessment of income and capital
  37. General
  38. 21Calculation of income and capital of members of claimant’s family and of a polygamous marriage
  39. 22Circumstances in which income of non-dependant is to be treated as claimant’s
  40. Income
  41. 23Calculation of income and capital
  42. 24Claimant in receipt of guarantee credit
  43. 25Calculation of claimant’s income and capital in savings credit only cases
  44. 26Calculation of income and capital where state pension credit is not payable
  45. 27Meaning of “income”
  46. 28Calculation of income on a weekly basis
  47. 29Treatment of child care charges
  48. 30Calculation of average weekly income from tax credits
  49. 31Calculation of weekly income
  50. 32Disregard of changes in tax, contributions etc.
  51. Employed earners
  52. 33Earnings of employed earners
  53. 34Calculation of net earnings of employed earners
  54. Self-employed earners
  55. 35Calculation of earnings of self-employed earners
  56. 36Earnings of self-employed earners
  57. 37Calculation of net profit of self-employed earners
  58. 38Deduction of tax and contributions of self-employed earners
  59. Other income
  60. 39Notional income
  61. 40Income paid to third parties
  62. Capital
  63. 41Capital limit
  64. 42Calculation of capital
  65. 43Calculation of capital in the United Kingdom
  66. 44Calculation of capital outside the United Kingdom
  67. 45Notional capital
  68. 46Diminishing notional capital rule
  69. 47Capital jointly held
  70. Part VII: Amount of benefit
  71. 48Maximum housing benefit
  72. 49Housing benefit tapers
  73. 50Amount payable during extended payment period when an extended payment is payable pursuant to regulation 70 or 71 of the Housing Benefit Regulations
  74. 51Extended payments (qualifying contributory benefits)
  75. 51ADuration of extended payment period (qualifying contributory benefits)
  76. 51BAmount of extended payment (qualifying contributory benefits)
  77. 51CRelationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
  78. 52Continuing payments where state pension credit claimed
  79. 53Non-dependant deductions
  80. 54Minimum housing benefit
  81. Part VIII: Calculation of weekly amounts and changes of circumstances
  82. 55Date on which entitlement is to commence
  83. 56Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases Repealed
  84. 57Date on which change of circumstances is to take effect
  85. 58Change of circumstances where state pension credit payable
  86. 59Calculation of weekly amounts
  87. 60Rent and rate-free periods
  88. Part IX: Claims
  89. 61Who may claim
  90. 62Time and manner in which claims are to be made
  91. 62AElectronic claims for benefit
  92. 63Evidence and information
  93. 64Amendment and withdrawal of claim
  94. 65Duty to notify changes of circumstances
  95. 65ANotice of change of circumstances given electronically
  96. Part X: Decisions on questions
  97. 66Decisions by a relevant authority
  98. 67Notification of decision
  99. Part XI: Payments
  100. 68Time and manner of payment
  101. 69Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance
  102. 70Frequency of payment of a rent allowance
  103. 71Payment on account of a rent allowance
  104. 72Payment to be made to a person entitled
  105. 73Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel
  106. 74Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel
  107. 75Payment on death of the person entitled
  108. 76Offsetting
  109. Part XII: Overpayments
  110. 77Meaning of overpayment
  111. 78Recoverable overpayments
  112. 79Person from whom recovery may be sought
  113. 80Method of recovery
  114. 81Diminution of capital
  115. 82Sums to be deducted in calculating recoverable overpayments
  116. 82ASums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
  117. 83Recovery of overpayments from prescribed benefits
  118. 83ARecovery by deduction from earnings
  119. 84Prescribed benefits
  120. 85Restrictions on recovery of rent and consequent modifications
  121. Part XIII: Information
  122. Claims and information
  123. 85AInterpretation
  124. 85BCollection of information
  125. 85CVerifying information
  126. 85DRecording and holding information
  127. 85EForwarding of information
  128. 85FRequest for information
  129. Information from landlords and agents
  130. 86Interpretation
  131. 87Requiring information
  132. 88Circumstances for requiring information
  133. 89Relevant information
  134. 90Manner of supply of information
  135. 91Criminal offence
  136. Signature
  137. Schedule 1: Ineligible service charges
  138. Part I: Service charges other than for fuel
  139. 1Ineligible service charges
  140. 2Amount ineligible for meals
  141. 3Amount of ineligible charges
  142. 4Excessive service costs
  143. Part II: Payments in respect of fuel charges
  144. 5Paragraph 5
  145. 6Paragraph 6
  146. 7Paragraph 7
  147. 8Paragraph 8
  148. Schedule 2: Decisions of rent payable
  149. Part I: Decisions
  150. 1Significantly high rents
  151. 2Size and rent
  152. 3Exceptionally high rents
  153. 4Local reference rents
  154. 5Single room rents Repealed
  155. 6Claim-related rent
  156. Part II: Assumptions, etc.
  157. 7Ineligible charges and support charges
  158. 8Housing associations etc.
  159. Part III: Indicative rent levels
  160. 9Paragraph 9
  161. Part IV: Size criteria
  162. 10Paragraph 10
  163. 10AParagraph 10A
  164. 10BParagraph 10B
  165. 11Paragraph 11
  166. Part V: Special cases
  167. 12Houseboats
  168. 13Mobile homes
  169. 14Rental purchase agreements
  170. Part VI: Interpretation
  171. 15Paragraph 15
  172. Schedule 3: Excluded tenancies
  173. 1Paragraph 1
  174. 2Paragraph 2
  175. 3Paragraph 3
  176. 4Paragraph 4
  177. 5Paragraph 5
  178. 6Paragraph 6
  179. Schedule 4: Applicable amounts
  180. IPERSONAL ALLOWANCES
  181. 2Paragraph 2
  182. Part II: Family premium
  183. 3Paragraph 3
  184. Part III: Premiums
  185. 4Paragraph 4
  186. 5Paragraph 5
  187. 6Severe Disability Premium
  188. 7Enhanced disability premium
  189. 8Disabled child premium
  190. 9Carer premium
  191. 10Persons in receipt of concessionary payments
  192. 11Person in receipt of benefit
  193. IVAMOUNTS OF PREMIUM SPECIFIED IN PART III
  194. Schedule 5: Sums disregarded from claimant’s earnings
  195. 1Paragraph 1
  196. 2Paragraph 2
  197. 3Paragraph 3
  198. 4Paragraph 4
  199. 5Paragraph 5
  200. 5AParagraph 5A
  201. 6Paragraph 6
  202. 7Paragraph 7
  203. 8Paragraph 8
  204. 9Paragraph 9
  205. 10Paragraph 10
  206. Schedule 6: Amounts to be disregarded in the calculation of income other than earnings
  207. 1Paragraph 1
  208. 2Paragraph 2
  209. 3Paragraph 3
  210. 4Paragraph 4
  211. 5Paragraph 5
  212. 6Paragraph 6
  213. 7Paragraph 7
  214. 8Paragraph 8
  215. 9Paragraph 9
  216. 10Paragraph 10
  217. 11Paragraph 11
  218. 12Paragraph 12
  219. 13Paragraph 13
  220. 14Paragraph 14
  221. 15Paragraph 15
  222. 16Paragraph 16
  223. 17Paragraph 17
  224. 18Paragraph 18
  225. 19Paragraph 19
  226. 20Paragraph 20
  227. 21Paragraph 21
  228. 22Paragraph 22
  229. 23Paragraph 23
  230. 24Paragraph 24 Repealed
  231. 25Paragraph 25
  232. 26Paragraph 26
  233. Schedule 7: Capital to be disregarded
  234. Part I: Capital to be disregarded generally
  235. 1Paragraph 1
  236. 2Paragraph 2
  237. 3Paragraph 3
  238. 4Paragraph 4
  239. 5Paragraph 5
  240. 6Paragraph 6
  241. 7Paragraph 7
  242. 8Paragraph 8
  243. 9Paragraph 9
  244. 10Paragraph 10
  245. 11Paragraph 11
  246. 12Paragraph 12
  247. 13Paragraph 13
  248. 14Paragraph 14
  249. 15Paragraph 15
  250. 16Paragraph 16
  251. 17Paragraph 17
  252. 18Paragraph 18
  253. 19Paragraph 19
  254. 20Paragraph 20
  255. 21Paragraph 21
  256. 22Paragraph 22
  257. 22AParagraph 22A
  258. 22BParagraph 22B
  259. 23Paragraph 23
  260. 24Paragraph 24
  261. 25Paragraph 25 Repealed
  262. 26Paragraph 26
  263. 27Paragraph 27
  264. 28Paragraph 28
  265. 28ZAParagraph 28ZA
  266. 28AParagraph 28A
  267. 28BParagraph 28B
  268. 28CParagraph 28C
  269. 28DParagraph 28D
  270. 28EParagraph 28E
  271. 28FParagraph 28F
  272. 28GParagraph 28G
  273. Part II: Capital disregarded only for the purposes of determining deemed income
  274. 29Paragraph 29
  275. 30Paragraph 30
  276. 31Paragraph 31
  277. 31AParagraph 31A
  278. 32Paragraph 32
  279. Schedule 8: Extended payments (severe disablement allowance and incapacity benefit) of housing benefit
  280. ... Repealed
  281. Paragraph Repealed
  282. Paragraph Repealed
  283. Paragraph Repealed
  284. Paragraph Repealed
  285. Paragraph Repealed
  286. Paragraph Repealed
  287. Paragraph Repealed
  288. Paragraph Repealed
  289. Paragraph Repealed
  290. Paragraph Repealed
  291. Schedule 9: Matters to be included in decision notice
  292. Part I: General
  293. 1Paragraph 1
  294. 2Paragraph 2
  295. 3Paragraph 3
  296. 4Paragraph 4
  297. 5Paragraph 5
  298. 6Paragraph 6
  299. 7Paragraph 7
  300. 8Paragraph 8
  301. Part II: Awards where state pension credit or an extended payment (qualifying contributory benefits) is payable
  302. 9Paragraph 9
  303. Part III: Awards where no state pension credit is payable
  304. 10Paragraph 10
  305. Part IV: Awards where direct payments made to landlords
  306. 11Paragraph 11
  307. 12Paragraph 12
  308. Part V: Notice where income of non-dependant is treated as claimant’s
  309. 13Paragraph 13
  310. Part VI: Notice where no award is made
  311. 14Paragraph 14
  312. Part VII: Notice where recoverable overpayment
  313. 15Paragraph 15
  314. Part VIII: Notice following a decision on a work-focused interview
  315. 16Paragraph 16
  316. Schedule 10: Electronic communication
  317. 1Interpretation
  318. 2Conditions for the use of electronic communication
  319. 3Use of intermediaries
  320. 4Effect of delivering information by means of electronic communication
  321. 5Proof of identity of sender or recipient of information
  322. 6Proof of delivery of information
  323. 7Proof of content of information
  324. Explanatory note