The Housing Benefit Regulations (Northern Ireland) 2006

1. Introductory Text

2. 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

3. 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

4. PART III Payments in respect of a dwelling

   1. 11. Eligible housing costs

   2. 12. Rates

   3. 13. Rent

   4. 14. Maximum rent

   5. 15. Decisions

   6. 16. Pre-tenancy decisions

5. 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

6. PART V Applicable amounts

   1. 20. Applicable amounts

   2. 21. Polygamous marriages

7. PART VI Income and capital

   1. SECTION 1

      General

      1. 22. Calculation of income and capital of members of claimant’s family and of a polygamous marriage

      2. 23. Circumstances in which income and capital of non-dependant is to be treated as claimant’s

   2. SECTION 2

      Income

      1. 24. Calculation of income on a weekly basis

      2. 25. Treatment of child care charges

      3. 26. Average weekly earnings of employed earners

      4. 27. Average weekly earnings of self-employed earners

      5. 28. Average weekly income other than earnings

      6. 29. Calculation of average weekly income from tax credits

      7. 30. Calculation of weekly income

      8. 31. Disregard of changes in tax, contributions etc.

   3. SECTION 3

      Employed earners

      1. 32. Earnings of employed earners

      2. 33. Calculation of net earnings of employed earners

   4. SECTION 4

      Self-employed earners

      1. 34. Earnings of self-employed earners

      2. 35. Calculation of net profit of self-employed earners

      3. 36. Deduction of tax and contributions of self-employed earners

   5. SECTION 5

      Other income

      1. 37. Calculation of income other than earnings

      2. 38. Capital treated as income

      3. 39. Notional income

   6. SECTION 6

      Capital

      1. 40. Capital limit

      2. 41. Calculation of capital

      3. 42. Disregard of capital of child and young person

      4. 43. Income treated as capital

      5. 44. Calculation of capital in the United Kingdom

      6. 45. Calculation of capital outside the United Kingdom

      7. 46. Notional capital

      8. 47. Diminishing notional capital rule

      9. 48. Capital jointly held

      10. 49. Calculation of tariff income from capital

8. PART VII Students

   1. SECTION 1

      General

      1. 50. Interpretation

      2. 51. Treatment of students

   2. SECTION 2

      Entitlement and payments in respect of a dwelling

      1. 52. Occupying a dwelling as a person’s home

      2. 53. Full-time students to be treated as not liable to make payments in respect of a dwelling

      3. 54. Student’s eligible housing costs

      4. 55. Student partners

   3. SECTION 3

      Income

      1. 56. Calculation of grant income

      2. 57. Calculation of covenant income where a contribution is assessed

      3. 58. Covenant income where no grant income or no contribution is assessed

      4. 59. Relationship with amounts to be disregarded under Schedule 6

      5. 60. Other amounts to be disregarded

      6. 61. Treatment of student loans

      7. 62. Treatment of fee loans

      8. 63. Treatment of payments from access funds

      9. 64. Disregard of contribution and rent

      10. 65. Further disregard of student’s income

      11. 66. Amounts treated as capital

      12. 67. Disregard of changes occurring during summer vacation

9. PART VIII Amount of benefit

   1. 68. Maximum housing benefit

   2. 69. Housing benefit tapers

   3. 70. Extended payments

   4. 71. Extended payments (severe disablement allowance and incapacity benefit)

   5. 72. Non-dependant deductions

   6. 73. Minimum housing benefit

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. 82. Evidence and information

    4. 83. Amendment and withdrawal of claim

    5. 84. Duty to notify changes of circumstances

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. 102. Recovery of overpayments from prescribed benefits

    8. 103. Prescribed benefits

    9. 104. Restrictions on recovery of rent and consequent modifications

15. PART XIV Information from landlords and agents

    1. 105. Interpretation

    2. 106. Requiring information

    3. 107. Circumstances for requiring information

    4. 108. Relevant information

    5. 109. Manner of supply of information

    6. 110. Criminal offence

16. Signature

17. 1. SCHEDULE 1

       Ineligible service charges92

       1. PART I Service charges other than for fuel

       2. PART II Payments in respect of fuel charges

    2. SCHEDULE 2

       Decisions of rent payable96

       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

    3. SCHEDULE 3

       Excluded tenancies103

    4. 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. SCHEDULE 5

       Sums to be disregarded in the calculation of earnings

    6. SCHEDULE 6

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

    7. SCHEDULE 7

       Capital to be disregarded130

    8. SCHEDULE 8

       Extended payments of housing benefit139

       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

    9. SCHEDULE 9

       Extended payments (severe disablement allowance and incapacity benefit) of housing benefit142

    10. SCHEDULE 10

        Matters to be included in decision notice145

        1. PART I General

        2. PART II Awards where income support or an income-based jobseeker’s allowance is payable

        3. PART III Awards where no income support or an income-based jobseeker’s 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

18. Explanatory Note