The Housing Benefit Regulations 2006

CitationSI 2006/213
JurisdictionUK 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...

To continue reading

Request your trial