The Housing Benefit Regulations 2006
Citation | SI 2006/213 |
Jurisdiction | UK Non-devolved |
2006No. 213
SOCIAL SECURITY
The Housing Benefit 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 redetermination 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
23. Polygamous marriages
24. Patients
PART 6
Income and capital
SECTION 1General25. Calculation of income and capital of members of claimant's family and of a polygamous marriage
26. Circumstances in which income of non-dependant is to be treated as claimant's
SECTION 2Income27. Calculation of income on a weekly basis
28. Treatment of child care charges
29. Average weekly earnings of employed earners
30. Average weekly earnings of self-employed earners
31. Average weekly income other than earnings
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. Earnings of self-employed earners
38. Calculation of net profit of self-employed earners
39. Deduction of tax and contributions of self-employed earners
SECTION 5Other income40. Calculation of income other than earnings
41. Capital treated as income
42. Notional income
SECTION 6Capital43. Capital limit
44. Calculation of capital
45. Disregard of capital of child and young person
46. Income treated as capital
47. Calculation of capital in the United Kingdom
48. Calculation of capital outside the United Kingdom
49. Notional capital
50. Diminishing notional capital rule
51. Capital jointly held
52. Calculation of tariff income from capital
PART 7
Students
SECTION 1General53. Interpretation
54. Treatment of students
SECTION 2Entitlement and payments in respect of a dwelling55. Occupying a dwelling as a person's home
56. Full-time students to be treated as not liable to make payments in respect of a dwelling
57. Student's eligible housing costs
58. Student partners
SECTION 3Income59. Calculation of grant income
60. Calculation of covenant income where a contribution is assessed
61. Covenant income where no grant income or no contribution is assessed
62. Relationship with amounts to be disregarded under Schedule 5
63. Other amounts to be disregarded
64. Treatment of student loans
65. Treatment of payments from access funds
66. Disregard of contribution and rent
67. Further disregard of student's income
68. Amounts treated as capital
69. Disregard of changes occurring during summer vacation
PART 8
Amount of benefit
70. Maximum housing benefit
71. Housing benefit tapers
72. Extended payments
73. Extended payments (severe disablement allowance and incapacity benefit)
74. Non-dependant deductions
75. Minimum housing benefit
PART 9
Calculation of weekly amounts and changes of circumstances
76. Date on which entitlement is to commence
77. Date on which housing benefit is to end
78. Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases
79. Date on which change of circumstances is to take effect
80. Calculation of weekly amounts
81. Rent free periods
PART 10
Claims
82. Who may claim
83. Time and manner in which claims are to be made
84. Date of claim where claim sent or delivered to a gateway office
85. Date of claim where claim sent or delivered to an office of a designated authority
86. Evidence and information
87. Amendment and withdrawal of claim
88. Duty to notify changes of circumstances
PART 11
Decisions on questions
89. Decisions by a relevant authority
90. Notification of decisions
PART 12
Payments
91. Time and manner of payment
92. Frequency of payment of a rent allowance
93. Payment on account of a rent allowance
94. Payment to be made to a person entitled
95. Circumstances in which payment is to be made to a landlord
96. Circumstances in which payment may be made to a landlord
97. Payment on death of the person entitled
98. Offsetting
PART 13
Overpayments
99. Meaning of overpayment
100. Recoverable overpayments
101. Person from whom recovery may be sought
102. Method of recovery
103. Diminution of capital
104. Sums to be deducted in calculating recoverable overpayments
105. Recovery of overpayments from prescribed benefits
106. Prescribed benefits
107. Restrictions on recovery of rent and consequent notifications
PART 14
Information
SECTION 1Claims and information108. Interpretation
109. Collection of information
110. Recording and holding information
111. Forwarding of information
112. Request for information
SECTION 2Information from landlords and agents and between authorities etc.113. Interpretation
114. Evidence and information required by rent officers
115. Information to be supplied by an authority to another authority
116. Supply of information: extended payments (severe disablement allowance and incapacity benefit)
117. Requiring information from landlords and agents
118. Circumstances for requiring information
119. Relevant information
120. Manner of supply of information
121. Criminal offence
PART 15
Pathfinder authorities
122. Modifications in respect of pathfinder authorities
SCHEDULE 1-
Ineligible service charges
PART 1-
Service charges other than for fuel
PART 2-
Payments in respect of fuel charges
SCHEDULE 2-
Excluded tenancies
SCHEDULE 3-
Applicable amounts
PART 1-
Personal allowances
PART 2-
Family premium
PART 3-
Premiums
PART 4-
Amounts of premiums specified in Part 3
SCHEDULE 4-
Sums to be disregarded in the calculation of earnings
SCHEDULE 5-
Sums to be disregarded in the calculation of income other than earnings
SCHEDULE 6-
Capital to be disregarded
SCHEDULE 7-
Extended payments of housing benefit
PART 1-
Conditions for an extended payment
PART 2-
Calculation and payment of an extended payment
PART 3-
Adjustment of entitlement in respect of an extended payment
PART 4-
Interpretation
SCHEDULE 8-
Extended Payments (severe disablement allowance and incapacity benefit) of housing benefit
SCHEDULE 9-
Matters to be included in decision notice
PART 1-
General
PART 2-
Awards where income support or an income-based jobseeker's allowance is payable
PART 3-
Awards where no income support or an income-based jobseeker's allowance is payable
PART 4-
Awards where direct payments made to landlords
PART 5-
Notice where income of non-dependant is treated as claimant's
PART 6-
Notice where no award is made
PART 7-
Notice where recoverable overpayment
SCHEDULE 10-
Pathfinder authorities
PART 1-
Commencement date in relation to each pathfinder authority
PART 2-
Application of the Regulations
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, 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 Regulations 2006.
(2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations and, in a case where regulation 5(2) applies, with the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 6.
(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 7;
"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...
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