The Housing Benefit Regulations 2006

1. Introductory Text

2. PART 1 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 2 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 3 Payments in respect of a dwelling

   1. 11. Eligible housing costs

   2. 12. Rent

   3. 13. Maximum rent

   4. 14. Requirement to refer to rent officers

   5. 15. Applications to the rent officer for redeterminations

   6. 16. Application for redetermination by rent officer

   7. 17. Substitute determinations or substitute redeterminations

   8. 18. Application of provisions to substitute determinations or substitute redeterminations

5. PART 4 Membership of a family

   1. 19. Persons of prescribed description

   2. 20. Circumstances in which a person is to be treated as responsible or not responsible for another

   3. 21. Circumstances in which a person is to be treated as being or not being a member of the household

6. PART 5 Applicable amounts

   1. 22. Applicable amounts

   2. 23. Polygamous marriages

   3. 24. Patients

7. PART 6 Income and capital

   1. SECTION 1

      General

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

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

   2. SECTION 2

      Income

      1. 27. Calculation of income on a weekly basis

      2. 28. Treatment of child care charges

      3. 29. Average weekly earnings of employed earners

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

      5. 31. Average weekly income other than earnings

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

      7. 33. Calculation of weekly income

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

   3. SECTION 3

      Employed earners

      1. 35. Earnings of employed earners

      2. 36. Calculation of net earnings of employed earners

   4. SECTION 4

      Self-employed earners

      1. 37. Earnings of self-employed earners

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

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

   5. SECTION 5

      Other income

      1. 40. Calculation of income other than earnings

      2. 41. Capital treated as income

      3. 42. Notional income

   6. SECTION 6

      Capital

      1. 43. Capital limit

      2. 44. Calculation of capital

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

      4. 46. Income treated as capital

      5. 47. Calculation of capital in the United Kingdom

      6. 48. Calculation of capital outside the United Kingdom

      7. 49. Notional capital

      8. 50. Diminishing notional capital rule

      9. 51. Capital jointly held

      10. 52. Calculation of tariff income from capital

8. PART 7 Students

   1. SECTION 1

      General

      1. 53. Interpretation

      2. 54. Treatment of students

   2. SECTION 2

      Entitlement and payments in respect of a dwelling

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

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

      3. 57. Student’s eligible housing costs

      4. 58. Student partners

   3. SECTION 3

      Income

      1. 59. Calculation of grant income

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

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

      4. 62. Relationship with amounts to be disregarded under Schedule 5

      5. 63. Other amounts to be disregarded

      6. 64. Treatment of student loans

      7. 65. Treatment of payments from access funds

      8. 66. Disregard of contribution and rent

      9. 67. Further disregard of student’s income

      10. 68. Amounts treated as capital

      11. 69. Disregard of changes occurring during summer vacation

9. PART 8 Amount of benefit

   1. 70. Maximum housing benefit

   2. 71. Housing benefit tapers

   3. 72. Extended payments

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

   5. 74. Non-dependant deductions

   6. 75. Minimum housing benefit

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

    1. 76. Date on which entitlement is to commence

    2. 77. Date on which housing benefit is to end

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

    4. 79. Date on which change of circumstances is to take effect

    5. 80. Calculation of weekly amounts

    6. 81. Rent free periods

11. PART 10 Claims

    1. 82. Who may claim

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

    3. 84. Date of claim where claim sent or delivered to a gateway office

    4. 85. Date of claim where claim sent or delivered to an office of a designated authority

    5. 86. Evidence and information

    6. 87. Amendment and withdrawal of claim

    7. 88. Duty to notify changes of circumstances

12. PART 11 Decisions on questions

    1. 89. Decisions by a relevant authority

    2. 90. Notification of decisions

13. PART 12 Payments

    1. 91. Time and manner of payment

    2. 92. Frequency of payment of a rent allowance

    3. 93. Payment on account of a rent allowance

    4. 94. Payment to be made to a person entitled

    5. 95. Circumstances in which payment is to be made to a landlord

    6. 96. Circumstances in which payment may be made to a landlord

    7. 97. Payment on death of the person entitled

    8. 98. Offsetting

14. PART 13 Overpayments

    1. 99. Meaning of overpayment

    2. 100. Recoverable overpayments

    3. 101. Person from whom recovery may be sought

    4. 102. Method of recovery

    5. 103. Diminution of capital

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

    7. 105. Recovery of overpayments from prescribed benefits

    8. 106. Prescribed benefits

    9. 107. Restrictions on recovery of rent and consequent notifications

15. PART 14 Information

    1. SECTION 1

       Claims and information

       1. 108. Interpretation

       2. 109. Collection of information

       3. 110. Recording and holding information

       4. 111. Forwarding of information

       5. 112. Request for information

    2. SECTION 2

       Information from landlords and agents and between authorities etc.

       1. 113. Interpretation

       2. 114. Evidence and information required by rent officers

       3. 115. Information to be supplied by an authority to another authority

       4. 116. Supply of information: extended payments (severe disablement allowance and incapacity benefit)

       5. 117. Requiring information from landlords and agents

       6. 118. Circumstances for requiring information

       7. 119. Relevant information

       8. 120. Manner of supply of information

       9. 121. Criminal offence

16. PART 15 Pathfinder authorities

    1. 122. Modifications in respect of pathfinder authorities

17. Signature

18. 1. SCHEDULE 1

       Ineligible service charges

       1. PART 1 Service charges other than for fuel

       2. PART 2 Payments in respect of fuel charges

    2. SCHEDULE 2

       Excluded tenancies

    3. SCHEDULE 3

       Applicable amounts

       1. PART 1 Personal allowances

       2. PART 2 Family premium

       3. PART 3 Premiums

       4. PART 4 Amounts of premiums specified in Part 3

    4. SCHEDULE 4

       Sums to be disregarded in the calculation of earnings

    5. SCHEDULE 5

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

    6. SCHEDULE 6

       Capital to be disregarded

    7. SCHEDULE 7

       Extended payments of housing benefit

       1. PART 1 Conditions for an extended payment

       2. PART 2 Calculation and payment of an extended payment

       3. PART 3 Adjustment of entitlement in respect of an extended payment

       4. PART 4 Interpretation

    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 1 General

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

       3. PART 3 Awards where no income support or an income-based jobseeker’s allowance is payable

       4. PART 4 Awards where direct payments made to landlords

       5. PART 5 Notice where income of non-dependant is treated as claimant's

       6. PART 6 Notice where no award is made

       7. PART 7 Notice where recoverable overpayment

    10. SCHEDULE 10

        Pathfinder authorities

        1. PART 1 Commencement date in relation to each pathfinder authority

        2. PART 2 Application of the Regulations

19. Explanatory Note