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

7. PART 6 Assessment of income and capital

   1. SECTION 1

      General

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

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

   2. SECTION 2

      Income

      1. 25. Calculation of income and capital

      2. 26. Claimant in receipt of guarantee credit

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

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

      5. 29. Meaning of “income”

      6. 30. Calculation of income on a weekly basis

      7. 31. Treatment of child care charges

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

      9. 33. Calculation of weekly income

      10. 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. Calculation of earnings of self-employed earners

      2. 38. Earnings of self-employed earners

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

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

   5. SECTION 5

      Other income

      1. 41. Notional income

      2. 42. Income paid to third parties

   6. SECTION 6

      Capital

      1. 43. Capital limit

      2. 44. Calculation of capital

      3. 45. Calculation of capital in the United Kingdom

      4. 46. Calculation of capital outside the United Kingdom

      5. 47. Notional capital

      6. 48. Diminishing notional capital rule

      7. 49. Capital jointly held

8. PART 7 Amount of benefit

   1. 50. Maximum housing benefit

   2. 51. Housing benefit tapers

   3. 52. Reduction where amount payable under regulation 72 of the Housing Benefit Regulations

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

   5. 54. Continuing payments where state pension credit claimed

   6. 55. Non-dependant deductions

   7. 56. Minimum housing benefit

9. PART 8 Calculation of weekly amounts and changes of circumstances

   1. 57. Date on which entitlement is to commence

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

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

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

   5. 61. Calculation of weekly amounts

   6. 62. Rent free periods

10. PART 9 Claims

    1. 63. Who may claim

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

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

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

    5. 67. Evidence and information

    6. 68. Amendment and withdrawal of claim

    7. 69. Duty to notify changes of circumstances

11. PART 10 Decisions on questions

    1. 70. Decisions by a relevant authority

    2. 71. Notification of decision

12. PART 11 Payments

    1. 72. Time and manner of payment

    2. 73. Frequency of payment of a rent allowance

    3. 74. Payment on account of a rent allowance

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

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

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

    7. 78. Payment on death of the person entitled

    8. 79. Offsetting

13. PART 12 Overpayments

    1. 80. Meaning of overpayment

    2. 81. Recoverable overpayments

    3. 82. Person from whom recovery may be sought

    4. 83. Method of recovery

    5. 84. Diminution of capital

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

    7. 86. Recovery of overpayments from prescribed benefits

    8. 87. Prescribed benefits

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

14. PART 13 Information

    1. SECTION 1

       Claims and information

       1. 89. Interpretation

       2. 90. Collection of information

       3. 91. Recording and holding information

       4. 92. Forwarding of information

       5. 93. Request for information

    2. SECTION 2

       Evidence and Information

       1. 94. Interpretation

       2. 95. Evidence and information required by rent officers

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

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

       5. 98. Requiring information from landlords and agents

       6. 99. Circumstances for requiring information

       7. 100. Relevant information

       8. 101. Manner of supply of information

       9. 102. Criminal offence

15. PART 14 Pathfinder authorities

    1. 103. Modifications in respect of pathfinder authorities

16. Signature

17. 1. SCHEDULE 1

       Ineligible service charges

    2. SCHEDULE 2

       Excluded Tenancies

    3. SCHEDULE 3

       Applicable amounts

    4. SCHEDULE 4

       Sums disregarded from claimant’s earnings

    5. SCHEDULE 5

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

    6. SCHEDULE 6

       Capital to be disregarded

    7. SCHEDULE 7

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

    8. SCHEDULE 8

       Matters to be included in decision notice

    9. SCHEDULE 9

       Pathfinder authorities

18. Explanatory Note