Regulations 77 and 79
1. The statement of matters to be included in any notice of determination issued by an appropriate authority to a person, and referred to in regulation 77 (notification of determinations) and 79 (review of determinations) are those matters set out in the following provisions of this Schedule.
2. Every notice of determination shall include a statement as to the right of any person affected by that determination to request a written statement under regulation 80 (requests for statement of reasons) and the manner and time in which to do so.
3. Every notice of determination shall include a statement as to the right of any person affected by that determination to make written representations in accordance with regulation 79(2) and the manner and time in which to do so.
4. Every notice of determination following written representations in accordance with regulation 79(2) (review of determinations) shall include a statement as to whether the original determination in respect of which the person made his representations has been confirmed or revised and where the appropriate authority has not revised the determination the reasons why not.
5. Every notice of determination following written representations in accordance with regulation 79(2) (review of determinations) shall include a statement as to the right of any person affected by that determination to request a further review in accordance with regulation 81 (further review of determinations) and of the manner and time in which to do so.
6. An authority may include in the notice of determination any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person.
7. Parts II, III and VI of this Schedule shall apply only to the notice of determination given on a claim.
8. Where a notice of determination is given following a review of an earlier determination–
(a)made of the authority’s own motion which results in a revision of that earlier determination; or
(b)made following written representations in accordance with regulation 79(2) (review of determinations), whether or not resulting in a revision of that earlier determination,
that notice shall, subject to paragraph 6, contain a statement only as to all the matters reviewed.
9. Where a person on income support is awarded housing benefit, the notice of determination shall include a statement as to–
(a)his weekly eligible rates, if any; and
(b)his weekly eligible rent, if any; and
(c)the amount and an explanation of any deduction made under paragraph 5(2) of Schedule 1 (fuel deductions), if any, and that the deduction may be varied if he provides to the authority evidence on which it may estimate the actual or approximate amount of that service charge; and
(d)the amount of and the category of non-dependant deductions made under regulation 63, if any; and
(e)the normal weekly amount of rent allowance, rent rebate or rate rebate, as the case may be, to which he is entitled; and
(f)in the case of a rent allowance and a rate rebate paid as if it were a rent allowance, the day of payment, and the period in respect of which payment of that allowance is to be made; and
(g)the first day of entitlement to an allowance or rebate; and
(h)the date on which his benefit period will end if not terminated earlier; and
(i)his duty to notify any change of circumstances which might affect his entitlement to, or the amount of, housing benefit and (without prejudice to the extent of the duty owed under regulation 75 (duty to notify changes of circumstances)) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application and without charge.
10. Where a person is not on income support but is awarded housing benefit, the notice of determination shall include a statement as to–
(a)the matters set out in paragraph 9; and
(b)his applicable amount and how it is calculated; and
(c)his weekly earnings; and
(d)his weekly income other than earnings.
11. Where a determination has been made under regulation 93 or 94 (circumstances in which payment is to be made, or may be made, direct to a landlord), the notice of determination shall include a statement as to the amount of housing benefit which is to be paid direct to the landlord and the date from which it is to be so paid, and the notice shall be sent to both the claimant and the landlord.
12. Where an authority makes a determination under regulation 20 (circumstances in which income and capital of a non-dependant is to be treated as claimant's) the notice of determination shall contain a statement as to–
(a)the fact that a determination has been made by reference to the income and capital of the claimant’s non-dependant; and
(b)the appropriate authority’s reasons for making that determination.
13. Where a person is not awarded housing benefit–
(a)either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 64, the notice of determination shall include a statement as to–
(i)the matters set out in paragraphs 9(a) to (d), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(e) also, and
(ii)the matters set out in paragraphs 10(b) to (d) where the person is not on income support, and
(iii)where the amount of entitlement is less than the minimum amount of housing benefit prescribed, that fact and that such entitlement is not payable;
(b)for any reason other than one mentioned in sub-paragraph (a), the notice of determination shall include a statement as to the reason why no award has been made.
14. Where the appropriate authority makes a determination that there is a recoverable overpayment within the meaning of regulation 99 (recoverable overpayments), the notice of determination shall include a statement as to–
(a)the fact that there is a recoverable overpayment; and
(b)the reason why there is a recoverable overpayment; and
(c)the amount of the recoverable overpayment; and
(d)how the amount of the recoverable overpayment was calculated; and
(e)the benefit weeks to which the recoverable overpayment relates in each benefit period or, where the recoverable overpayment relates to a past period of entitlement as a result of backdating a claim under regulation 72(14) (time and manner in which claims are to be made), in that past period; and
(f)where recovery of the recoverable overpayment is to be made by deduction from a rent allowance or rebate or rate rebate, as the case may be, that fact and the amount of the deduction.