The Housing Benefit Regulations (Northern Ireland) 2006

Contents

3,118 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part I · General
   1. 1 Citation and commencement
   2. 2 Interpretation
   3. 3 Definition of non-dependant
   4. 4 Cases in which section 1(1A) of the Administration Act is disapplied
   5. 5 Persons who have attained the qualifying age for state pension credit
   6. 6 Remunerative work
2. Part II · Provisions affecting entitlement to housing benefit
   1. 7 Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
   2. 8 Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling
   3. 9 Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling
   4. 10 Persons from abroad
3. Part III · Payments in respect of a dwelling
   1. 11 Eligible housing costs
   2. 12 Rates
   3. 13 Rent
   4. 13A Eligible rent
   5. 13AA Eligible rent and maximum rent (social sector)
   6. 13B Eligible rent and maximum rent
   7. 13C Eligible rent and maximum rent (LHA)
   8. 13D Transitional protection–reduction in LHA
   9. 14 Maximum rent
   10. 14A Protection on death and 13 week protection
   11. 14B Change in reckonable rent
   12. 14C When a maximum rent (LHA) is to be determined
   13. 14D Determination of a maximum rent (LHA)
   14. 14E Publication of local housing allowances
   15. 14F Amended determinations
   16. 15 Decisions
   17. 16 Pre-tenancy decisions
   18. A14 When a maximum rent (social sector) is to be determined
   19. B14 Determination of a maximum rent (social sector)
4. Part IV · Membership of a family
   1. 17 Persons of prescribed description
   2. 18 Circumstances in which a person is to be treated as responsible or not responsible for another
   3. 19 Circumstances in which a person is to be treated as being or not being a member of the household
5. Part V · Applicable amounts
   1. 20 Applicable amounts
   2. 21 Polygamous marriages
6. Part VI · Income and capital
   1. Section 1 General
   2. Section 2 Income
   3. Section 3 Employed earners
   4. Section 4 Self-employed earners
   5. Section 5 Other income
   6. Section 6 Capital
7. Part VII · Students
   1. Section 1 General
   2. Section 2 Entitlement and payments in respect of a dwelling
   3. Section 3 Income
8. Part VIII · Amount of benefit
   1. 68 Maximum housing benefit
   2. 69 Housing benefit tapers
   3. 70 Extended Payments
   4. 70A Duration of extended payment period
   5. 70B Amount of extended payment
   6. 70C Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement
   7. 70D Calculation of an extended payment where the benefit cap applies
   8. 71 Extended payments (qualifying contributory benefits)
   9. 71A Duration of extended payment period (qualifying contributory benefits)
   10. 71B Amount of extended payment (qualifying contributory benefits)
   11. 71C Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
   12. 71D Calculation of an extended payment (qualifying contributory benefits) where the benefit cap applies
   13. 72 Non-dependant deductions
   14. 73 Minimum housing benefit
9. Part VIIIA · Benefit cap
   1. 73A Circumstances in which a benefit cap will apply
   2. 73B Determinations
   3. 73C Manner of calculating the amount of welfare benefits
   4. 73CA Determination of the relevant amount
   5. 73D Reduction of housing benefit
   6. 73E Exception to the benefit cap: current or recent work
   7. 73F Exception to the benefit cap: receipt of specified benefit
   8. 73G Interpretation
   9. 73H Specified accommodation
10. Part IX · Calculation of weekly amounts and changes of circumstances
    1. 74 Date on which entitlement is to commence
    2. 75 Date on which housing benefit is to end
    3. 76 Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases
    4. 77 Date on which change of circumstances is to take effect
    5. 78 Calculation of weekly amounts
    6. 79 Rent and rate-free periods
11. Part X · Claims
    1. 80 Who may claim
    2. 81 Time and manner in which claims are to be made
    3. 81A Electronic claims for benefit
    4. 82 Evidence and information
    5. 83 Amendment and withdrawal of claim
    6. 84 Duty to notify changes of circumstances
    7. 84A Notice of change of circumstances given electronically
12. Part XI · Decisions on questions
    1. 85 Decisions by a relevant authority
    2. 86 Notification of decisions
13. Part XII · Payments
    1. 87 Time and manner of payment
    2. 88 Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance
    3. 89 Frequency of payment of a rent allowance
    4. 90 Payment on account of a rent allowance
    5. 91 Payment to be made to a person entitled
    6. 92 Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel
    7. 93 Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel
    8. 94 Payment on death of the person entitled
    9. 95 Offsetting
14. Part XIII · Overpayments
    1. 96 Meaning of overpayment
    2. 97 Recoverable overpayments
    3. 98 Person from whom recovery may be sought
    4. 99 Method of recovery
    5. 100 Diminution of capital
    6. 101 Sums to be deducted in calculating recoverable overpayments
    7. 101A Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
    8. 102 Recovery of overpayments from prescribed benefits
    9. 103 Prescribed benefits
    10. 103A Recovery by deduction from earnings
    11. 104 Restrictions on recovery of rent and consequent modifications
15. Part XIV · Information ...
    1. Section 1 Claims and information
    2. Section 2 Information from landlords and agents
16. Schedule 1 · Ineligible service charges
    1. Part I Service charges other than for fuel
    2. Part II Payments in respect of fuel charges
17. Schedule 2 · Decisions of rent payable
    1. Part I Decisions
    2. Part II Assumptions etc.
    3. Part III Indicative rent levels
    4. Part IV Size criteria
    5. Part V Special cases
    6. Part VI Interpretation
18. Schedule 3 · Excluded tenancies
    1. (1) An excluded tenancy is any tenancy to which any of...
    2. (2) (1) Subject to the following sub-paragraphs, where the Executive has...
    3. (3) This paragraph applies where the landlord is a registered housing...
    4. (4) This paragraph applies to a tenancy which is a controlled...
    5. (5) (1) Subject to sub-paragraphs (2) and (3) this paragraph applies...
    6. (6) In this Schedule expressions have the same meaning as in...
19. Schedule 4 · Applicable amounts
    1. Part I Personal allowances
    2. Part II Family premium
    3. Part III Premiums
    4. Part IV Amounts of premiums specified in Part III
    5. Part V The component
    6. Part VI Amount of component
    7. Part VII Transitional addition
    8. Part VIII Amount of transitional addition
20. Schedule 5 · Sums to be disregarded in the calculation of earnings
    1. (1) In the case of a claimant who has been engaged...
    2. (2) In the case of a claimant who, before the first...
    3. (2A) In the case of a claimant who has been engaged...
    4. (3) (1) In a case to which this paragraph applies and...
    5. (4) In a case where the claimant is a lone parent,...
    6. (5) (1) In a case to which neither paragraph 3 nor...
    7. (6) Where the carer premium is awarded in respect of a...
    8. (7) In a case where paragraphs 3, 5, 6 and 8...
    9. (8) (1) In a case where paragraphs 3, 4, 5 and...
    10. (9) Where the claimant is engaged in one or more employments...
    11. (10) In a case to which none of the paragraphs 3...
    12. (10A) (1) Where— (a) the claimant (or if the claimant is...
    13. (11) Any amount or the balance of any amount which would...
    14. (12) Where a claimant is on universal credit, income support ,...
    15. (13) Any earnings derived from employment which are payable in a...
    16. (14) Where a payment of earnings is made in a currency...
    17. (15) Any earnings of a child or young person.
    18. (16) In this Schedule “part-time employment” means employment in which the...
    19. (17) (1) In a case where the claimant is a person...
21. Schedule 6 · Sums to be disregarded in the calculation of income other than earnings
    1. (1) Any amount paid by way of tax on income which...
    2. (2) Any payment in respect of any expenses incurred or to...
    3. (2A) Any payment in respect of expenses arising out of the...
    4. (3) In the case of employment as an employed earner, any...
    5. (4) Where a claimant is on universal credit, income support ,...
    6. (5) Where the claimant is a member of a joint-claim couple...
    7. (6) In the case of housing benefit which was in the...
    8. (7) Any armed forces independence payment , disability living allowance or...
    9. (8) Any concessionary payment made to compensate for the non-payment of—...
    10. (9) Any mobility supplement under article 20 of the Naval, Military...
    11. (10) Any attendance allowance.
    12. (11) Any payment to the claimant as holder of the Victoria...
    13. (12) (1) Any payment by way of an education maintenance allowance...
    14. (13) (1) Any payment made pursuant to section 1 or 3...
    15. (14) (1) Subject to sub-paragraph (2), any of the following payments—...
    16. (15) Any of the following, namely— (a) a war disablement pension;...
    17. (16) subject to paragraph 35, £10 of a pension paid by...
    18. (17) Subject to paragraph 35, £15 of any—
    19. (18) (1) Any income derived from capital to which the claimant...
    20. (19) Where a claimant receives income under an annuity purchased with...
    21. (20) Where the claimant makes a parental contribution in respect of...
    22. (21) (1) Where the claimant is the parent of a student...
    23. (22) Any payment made to the claimant by a child or...
    24. (23) Where the claimant occupies a dwelling as his home and...
    25. (24) (1) Any income in kind, except where regulation 37(8)(b) applies....
    26. (25) Any income which is payable in a country outside the...
    27. (26) (1) Any payment made to the claimant in respect of...
    28. (27) Any payment made by— (a) an authority, as defined in...
    29. (28) Any payment made to the claimant or his partner for...
    30. (29) Any payment made by an authority, as defined in Article...
    31. (29A) (1) Subject to sub-paragraph (2), any payment (or part of...
    32. (30) (1) Subject to sub-paragraph (2), any payment received under an...
    33. (31) Any payment of income which by virtue of regulation 43...
    34. (32) Any social fund payment made pursuant to Part VIII of...
    35. (32A) Any local welfare provision.
    36. (33) Any payment under Part X of the Act (Christmas bonus...
    37. (34) Where a payment of income is made in a currency...
    38. (35) The total of a claimant’s income or, if he is...
    39. (36) Any payment made under the legislation of, or under a...
    40. (37) (1) Any payment made under or by the Macfarlane Trust,...
    41. (38) Any payment made under arrangements made by the Department to...
    42. (39) Any payment made under arrangements made by the Department to...
    43. (40) Any resettlement benefit paid to the claimant by virtue of...
    44. (41) Any payment to a juror or witness in respect of...
    45. (42) Any community charge benefit.
    46. (43) Any payment in consequence of a reduction of council tax...
    47. (44) (1) Where the claimant occupies a dwelling as his home...
    48. (45) Any special war widows payment made under—
    49. (46) (1) Any payment or repayment made under regulation 5, 6...
    50. (47) Any payment made to such persons entitled to receive benefits...
    51. (48) Any payment made under a scheme established by the Northern...
    52. (49) (1) Where a claimant’s family includes at least one child...
    53. (49A) (1) Any payment of child maintenance made or derived from...
    54. (50) Any payment made by the Department to compensate a person...
    55. (51) Any payment (other than a training allowance) made, whether by...
    56. (52) Any guardian’s allowance.
    57. (53) Any council tax benefit.
    58. (54) (1) If the claimant is in receipt of any benefit...
    59. (55) Any supplementary pension under Article 23(2) of the Naval, Military...
    60. (56) In the case of a pension awarded at the supplementary...
    61. (57) (1) Any payment which is— (a) made under any of...
    62. (58) Except in a case which falls under sub-paragraph (1) of...
    63. (59) Any payment made under regulations made under section 8 of...
    64. (60) (1) Subject to sub-paragraph (2), in respect of a person...
    65. (61) (1) Any payment of a sports award except to the...
    66. (62) Any discretionary housing payment paid pursuant to regulation 2(1) of...
    67. (63) Any payment made by the Executive to or on behalf...
    68. (64) (1) £1.20 in relation to each week in which child...
    69. (64) Any payment of child benefit.
    70. (65) Any bereavement support payment under section 29 of the Pensions...
    71. (66) Any early years assistance given in accordance with section 32...
    72. (67) Any payment of carer’s allowance supplement made under section 81...
    73. (68) Any funeral expense assistance given in accordance with section 34...
    74. (69) Any disability assistance given in accordance with regulations made under...
    75. (70) Any short-term assistance given in accordance with regulations made under...
    76. (71) Any amount of carer support payment that is in excess...
    77. (72) Any Scottish carer supplement given in accordance with the Carer’s...
    78. (73) Any carer additional person payment given in accordance with the...
    79. (A1) Any payment made to the claimant in respect of any...
22. Schedule 7 · Capital to be disregarded
    1. (1) The dwelling occupied as the home but, notwithstanding regulation 22,...
    2. (2) Any premises or land acquired for occupation by the claimant...
    3. (3) Any sum directly attributable to the proceeds of sale of—...
    4. (4) Any premises occupied in whole or in part as his...
    5. (5) Where a claimant is on universal credit, income support ,...
    6. (6) Where the claimant is a member of a joint-claim couple...
    7. (7) Any future interest in property of any kind, other than...
    8. (8) (1) The assets of any business owned in whole or...
    9. (9) (1) Subject to sub-paragraph (2), any arrears of, or any...
    10. (9A) (1) A payment made to rectify, or to compensate for,...
    11. (9AA) A payment to the person made by the Department as...
    12. (9B) Any payment of a widowed parent’s allowance made pursuant to...
    13. (10) Any sum— (a) paid to the claimant in consequence of...
    14. (11) Any sum— (a) deposited with a housing association as a...
    15. (12) Any personal possessions except those which have been acquired by...
    16. (13) The value of the right to receive any income under...
    17. (13A) Any ex-gratia payment made to a qualifying Equitable Life annuitant...
    18. (14) Where the funds of a trust are derived from a...
    19. (15) (1) Any payment made to the claimant or the claimant’s...
    20. (16) The value of the right to receive any income under...
    21. (17) The value of the right to receive any income which...
    22. (18) The surrender value of any policy of life insurance.
    23. (19) Where any payment of capital falls to be made by...
    24. (20) Any payment made by an authority, as defined in Article...
    25. (20A) (1) Subject to sub-paragraph (2), any payment (or part of...
    26. (21) Any social fund payment made pursuant to Part VIII of...
    27. (21A) Any local welfare provision.
    28. (22) Any refund of tax which falls to be deducted under...
    29. (23) Any capital which by virtue of regulation 38 or 61...
    30. (24) Where any payment of capital is made in a currency...
    31. (25) (1) Any payment made under or by the Macfarlane Trust,...
    32. (26) Where a claimant has ceased to occupy what was formerly...
    33. (27) Any premises or land where the claimant is taking reasonable...
    34. (28) Any premises which the claimant intends to occupy as his...
    35. (29) Any premises which the claimant intends to occupy as his...
    36. (30) Any payment made under arrangements made by the Department to...
    37. (31) Any payment made under arrangements made by the Department to...
    38. (32) The value of the right to receive an occupational or...
    39. (33) The value of any funds held under a personal pension...
    40. (34) The value of the right to receive any rent except...
    41. (35) Any payment in kind which is a Grenfell Tower payment...
    42. (36) Any payment made pursuant to section 1 of the 1950...
    43. (37) Any community charge benefit.
    44. (38) Any payment in consequence of a reduction of council tax...
    45. (39) Any grant made in Great Britain to the claimant in...
    46. (40) Any arrears of supplementary pension which is disregarded under paragraph...
    47. (41) (1) Any payment or repayment made under regulation 5, 6...
    48. (42) Any payment made to such persons entitled to receive benefits...
    49. (42A) Any payment made under Part 8A of the Act (entitlement...
    50. (43) Any payment made under a scheme established by the Northern...
    51. (44) Any payment (other than a training allowance) made, whether by...
    52. (45) (1) Any sum of capital to which sub-paragraph (2) applies...
    53. (46) Any payment to the claimant as holder of the Victoria...
    54. (47) The amount of any child maintenance bonus payable by way...
    55. (48) In the case of a person who is receiving, or...
    56. (49) (1) Any payment of a sports award for a period...
    57. (50) (1) Any payment by way of an education maintenance allowance...
    58. (51) Where an ex-gratia payment of £10,000 has been made by...
    59. (52) (1) Subject to sub-paragraph (2), the amount of any trust...
    60. (53) The amount of any payment, other than a war pension...
    61. (54) Any payment made by the Executive to or on behalf...
    62. (55) Any payment made under regulations made under section 8 of...
    63. (56) Any payment made to the claimant pursuant to regulations under...
    64. (57) Any payment made to the claimant in accordance with regulations...
    65. (58) Where an ex-gratia payment has been made by the Secretary...
    66. (59) (1) Any bereavement support payment in respect of the rate...
    67. (60) Any payment made under or by a trust, established for...
    68. (61) Any early years assistance given in accordance with section 32...
    69. (62) Any funeral expense assistance given in accordance with section 34...
    70. (63) Any assistance given in accordance with the Carer’s Assistance (Young...
    71. (64) Any winter heating assistance given in accordance with regulations made...
    72. (A1) Any payment made to the claimant in respect of any...
23. Schedule 8 · Extended payments of housing benefit
    1. Part I Conditions for an extended payment
    2. Part II Calculation and payment of an extended payment
    3. Part III Adjustment of entitlement in respect of an extended payment
    4. Part IV Interpretation
24. Schedule 9 · Extended payments (severe disablement allowance and incapacity benefit) of housing benefit
    1. (1) Condition for an extended payment (severe disablement allowance and incapacity benefit)
    2. (2) Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)
    3. (3) Movers
    4. (4) Movers and rent allowances
    5. (5) Movers and rent and rate rebates
    6. (6) Movers and extended payments (severe disablement allowance and incapacity benefit)
    7. (7) Maximum housing benefit
    8. (8) Movers and rate rebates
    9. (9) Movers with 2 homes
    10. (10) Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)
    11. (11) Interpretation
25. Schedule 10 · Matters to be included in decision notice
    1. Part I General
    2. Part II Awards where income support , an income-based jobseeker’s allowance, an income-related employment and support allowance , an extended payment or an extended payment (qualifying contributory benefits) is payable
    3. Part III Awards where no income support , an income-based jobseeker’s allowance or an income-related employment and support allowance is payable
    4. Part IV Awards where direct payments made to landlords
    5. Part V Notice where income of non-dependant is treated as claimant’s
    6. Part VI Notice where no award is made
    7. Part VII Notice where recoverable overpayment
    8. Part VIII Notice following a decision on a work-focused interview
26. Schedule 11 · Electronic communication
    1. (1) Interpretation
    2. (2) Conditions for the use of electronic communication
    3. (3) Use of intermediaries
    4. (4) Effect of delivering information by means of electronic communication
    5. (5) Proof of identity of sender or recipient of information
    6. (6) Proof of delivery of information
    7. (7) Proof of content of information