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

7. PART VI Assessment of income and capital

   1. SECTION 1

      General

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

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

   2. SECTION 2

      Income

      1. 23. Calculation of income and capital

      2. 24. Claimant in receipt of guarantee credit

      3. 25. Calculation of claimant’s income and capital in savings credit only cases

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

      5. 27. Meaning of “income”

      6. 28. Calculation of income on a weekly basis

      7. 29. Treatment of child care charges

      8. 30. Calculation of average weekly income from tax credits

      9. 31. Calculation of weekly income

      10. 32. Disregard of changes in tax, contributions etc.

   3. SECTION 3

      Employed earners

      1. 33. Earnings of employed earners

      2. 34. Calculation of net earnings of employed earners

   4. SECTION 4

      Self-employed earners

      1. 35. Calculation of earnings of self-employed earners

      2. 36. Earnings of self-employed earners

      3. 37. Calculation of net profit of self-employed earners

      4. 38. Deduction of tax and contributions of self-employed earners

   5. SECTION 5

      Other income

      1. 39. Notional income

      2. 40. Income paid to third parties

   6. SECTION 6

      Capital

      1. 41. Capital limit

      2. 42. Calculation of capital

      3. 43. Calculation of capital in the United Kingdom

      4. 44. Calculation of capital outside the United Kingdom

      5. 45. Notional capital

      6. 46. Diminishing notional capital rule

      7. 47. Capital jointly held

8. PART VII Amount of benefit

   1. 48. Maximum housing benefit

   2. 49. Housing benefit tapers

   3. 50. Reduction where amount payable under regulation 70 of the Housing Benefit Regulations

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

   5. 52. Continuing payments where state pension credit claimed

   6. 53. Non-dependant deductions

   7. 54. Minimum housing benefit

9. PART VIII Calculation of weekly amounts and changes of circumstances

   1. 55. Date on which entitlement is to commence

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

   3. 57. Date on which change of circumstances is to take effect

   4. 58. Change of circumstances where state pension credit payable

   5. 59. Calculation of weekly amounts

   6. 60. Rent and rate-free periods

10. PART IX Claims

    1. 61. Who may claim

    2. 62. Time and manner in which claims are to be made

    3. 63. Evidence and information

    4. 64. Amendment and withdrawal of claim

    5. 65. Duty to notify changes of circumstances

11. PART X Decisions on questions

    1. 66. Decisions by a relevant authority

    2. 67. Notification of decision

12. PART XI Payments

    1. 68. Time and manner of payment

    2. 69. Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance

    3. 70. Frequency of payment of a rent allowance

    4. 71. Payment on account of a rent allowance

    5. 72. Payment to be made to a person entitled

    6. 73. Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel

    7. 74. Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel

    8. 75. Payment on death of the person entitled

    9. 76. Offsetting

13. PART XII Overpayments

    1. 77. Meaning of overpayment

    2. 78. Recoverable overpayments

    3. 79. Person from whom recovery may be sought

    4. 80. Method of recovery

    5. 81. Diminution of capital

    6. 82. Sums to be deducted in calculating recoverable overpayments

    7. 83. Recovery of overpayments from prescribed benefits

    8. 84. Prescribed benefits

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

14. PART XIII Information

    1. 86. Interpretation

    2. 87. Requiring information

    3. 88. Circumstances for requiring information

    4. 89. Relevant information

    5. 90. Manner of supply of information

    6. 91. Criminal offence

15. Signature

16. 1. SCHEDULE 1

       Ineligible service charges

       1. PART I Service charges other than for fuel

       2. PART II Payments in respect of fuel charges

    2. 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

    3. SCHEDULE 3

       Excluded tenancies

    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 disregarded from claimant’s earnings

    6. SCHEDULE 6

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

    7. SCHEDULE 7

       Capital to be disregarded

       1. PART I Capital to be disregarded generally

       2. PART II Capital disregarded only for the purposes of determining deemed income

    8. SCHEDULE 8

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

    9. SCHEDULE 9

       Matters to be included in decision notice

       1. PART I General

       2. PART II Awards where state pension credit is payable

       3. PART III Awards where no state pension credit 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

17. Explanatory Note