The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

JurisdictionUK Non-devolved
CitationSI 2006/214

2006No. 214

SOCIAL SECURITY

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

2ndFebruary2006

10thFebruary2006

6thMarch2006

ARRANGEMENT OF REGULATIONS

PART 1

General

1. Citation and commencement

2. Interpretation

3. Definition of non-dependant

4. Cases in which section 1(1A) of the Administration Act is disapplied

5. Persons who have attained the qualifying age for state pension credit

6. Remunerative work

PART 2

Provisions affecting entitlement to housing benefit

7. Circumstances in which a person is or is not to be treated as occupying a dwelling as his home

8. Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling

9. Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling

10. Persons from abroad

PART 3

Payments in respect of a dwelling

11. Eligible housing costs

12. Rent

13. Maximum rent

14. Requirement to refer to rent officers

15. Applications to the rent officer for redeterminations

16. Application for redermination by rent officer

17. Substitute determinations or substitute redeterminations

18. Application of provisions to substitute determinations or substitute redeterminations

PART 4

Membership of a family

19. Persons of prescribed description

20. Circumstances in which a person is to be treated as responsible or not responsible for another

21. Circumstances in which a person is to be treated as being or not being a member of the household

PART 5

Applicable amounts

22. Applicable amounts

PART 6

Assessment of income and capital

SECTION 1General23. Calculation of income and capital of members of claimant's family and of a polygamous marriage

24. Circumstances in which income of non-dependant is to be treated as claimant's

SECTION 2Income25. Calculation of income and capital

26. Claimant in receipt of guarantee credit

27. Calculation of claimant's income and capital in savings credit only cases

28. Calculation of income and capital where state pension credit is not payable

29. Meaning of "income"

30. Calculation of income on a weekly basis

31. Treatment of child care charges

32. Calculation of average weekly income from tax credits

33. Calculation of weekly income

34. Disregard of changes in tax, contributions etc

SECTION 3Employed earners35. Earnings of employed earners

36. Calculation of net earnings of employed earners

SECTION 4Self-employed earners37. Calculation of earnings of self-employed earners

38. Earnings of self-employed earners

39. Calculation of net profit of self-employed earners

40. Deduction of tax and contributions of self-employed earners

SECTION 5Other income41. Notional income

42. Income paid to third parties

SECTION 6Capital43. Capital limit

44. Calculation of capital

45. Calculation of capital in the United Kingdom

46. Calculation of capital outside the United Kingdom

47. Notional capital

48. Diminishing notional capital rule

49. Capital jointly held

PART 7

Amount of benefit

50. Maximum housing benefit

51. Housing benefit tapers

52. Reduction where amount payable under regulation 72 of the Housing Benefit Regulations

53. Extended payments (severe disablement allowance and incapacity benefit)

54. Continuing payments where state pension credit claimed

55. Non-dependant deductions

56. Minimum housing benefit

PART 8

Calculation of weekly amounts and changes of circumstances

57. Date on which entitlement is to commence

58. Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

59. Date on which change of circumstances is to take effect

60. Change of circumstances where state pension credit payable

61. Calculation of weekly amounts

62. Rent free periods

PART 9

Claims

63. Who may claim

64. Time and manner in which claims are to be made

65. Date of claim where claim sent or delivered to a gateway office

66. Date of claim where claim sent or delivered to an office of a designated authority

67. Evidence and information

68. Amendment and withdrawal of claim

69. Duty to notify changes of circumstances

PART 10

Decisions on questions

70. Decisions by a relevant authority

71. Notification of decision

PART 11

Payments

72. Time and manner of payment

73. Frequency of payment of a rent allowance

74. Payment on account of a rent allowance

75. Payment to be made to a person entitled

76. Circumstances in which payment is to be made to a landlord

77. Circumstances in which payment may be made to a landlord

78. Payment on death of the person entitled

79. Offsetting

PART 12

Overpayments

80. Meaning of overpayment

81. Recoverable overpayments

82. Person from whom recovery may be sought

83. Method of recovery

84. Diminution of capital

85. Sums to be deducted in calculating recoverable overpayments

86. Recovery of overpayments from prescribed benefits

87. Prescribed benefits

88. Restrictions on recovery of rent and consequent notifications

PART 13

Information

SECTION 1Claims and information89. Interpretation

90. Collection of information

91. Recording and holding information

92. Forwarding of information

93. Request for information

SECTION 2Evidence and Information94. Interpretation

95. Evidence and information required by rent officers

96. Information to be supplied by an authority to another authority

97. Supply of information: extended payments (severe disablement allowance and incapacity benefit)

98. Requiring information from landlords and agents

99. Circumstances for requiring information

100. Relevant information

101. Manner of supply of information

102. Criminal offence

PART 14

Pathfinder authorities

103. Modifications in respect of pathfinder authorities

SCHEDULE 1-

Ineligible service charges

SCHEDULE 2-

Excluded Tenancies

SCHEDULE 3-

Applicable amounts

SCHEDULE 4-

Sums disregarded from claimant's earnings

SCHEDULE 5-

Amounts to be disregarded in the calculation of income other than earnings

SCHEDULE 6-

Capital to be disregarded

SCHEDULE 7-

Extended payments (severe disablement allowance and incapacity benefit) of housing benefit

SCHEDULE 8-

Matters to be included in decision notice

SCHEDULE 9-

Pathfinder authorities

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 123(1)(d), 130(2) to (4), 134, 135(1), (2) and (6), 136, 136A(3) and (4)(a), 137 and 175(1) and (3) to (6) of the Social Security Contributions and Benefits Act 1992 1, sections 1(1) and (1C), 5(1)(a) to (d) and (g) to (r) and (6), 7(2), 7A, 75, 113, 122E(3) and (4), 126A, 128A, 134(1A) and (8)(b), 189(1) and (3) to (6) and 191 of the Social Security Administration Act 1992 2, section 122(3) and (5) of the Housing Act 1996 3, and sections 34, 79(1) and (4) and 84 of the Social Security Act 1998 4.

These Regulations are made for the purpose only of consolidating other regulations revoked in the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 5.

In accordance with section 176(1) of the Social Security Administration Act 1992, the Secretary of State has consulted with organisations appearing to him to be representative of the authorities concerned.

PART 1

General

Citation and commencement

1.-

(1) These Regulations may be cited as the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006.

(2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations.

(3) Except as provided in Schedule 4 to the Consequential Provisions Regulations, these Regulations shall come into force on 6th March 2006.

(4) The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.

Interpretation

2.-

(1) In these Regulations-

"the Act" means the Social Security Contributions and Benefits Act 1992;

"the 1973 Act" means the Employment and Training Act 1973 6;

"Abbeyfield Home" means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

"adoption leave" means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 7;

"the Administration Act" means the Social Security Administration Act 1992;

"appropriate DWP office" means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support or a jobseeker's allowance;

"assessment period" means the period determined-

(a) in relation to the earnings of a self-employed earner, in accordance with regulation 37 (calculation of earnings of self-employed earners) for the purpose of calculating the weekly earnings of the claimant; or

(b) in relation to any other income, in accordance with regulation 33 (calculation of weekly income) for the purpose of calculating the weekly income of the claimant;

"attendance allowance" means-

(a) an attendance allowance under Part 3 of the Act;

(b) an increase of disablement pension under section 104 or 105 of the Act;

(c) a payment under regulations made in exercise of the power conferred by paragraph 7(2)(b) of Part 2 of Schedule 8 to the Act 8;

(d) an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Part 1 of Schedule 8 to the Act;

(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 9 or any analogous payment; or

(f) any payment based on need for attendance which is paid as part of a war disablement pension;

"the benefit Acts" means the Act, the Jobseekers Act and the State Pension Credit Act;

"benefit week" means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;

"board and lodging accommodation" means accommodation provided to a person or, if he is a member of a...

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