The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006

Regulation 11

SCHEDULE 1Ineligible service charges

PART 1Service charges other than for fuel

Ineligible service charges

1.  The following service charges shall not be eligible to be met by housing benefit—

(a)charges in respect of day-to-day living expenses including, in particular, all provision of—

(i)subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);

(ii)laundry (other than the provision of premises or equipment to enable a person to do his own laundry);

(iii)leisure items such as either sports facilities (except a children’s play area), or television rental and licence fees (except radio relay charges, charges made in respect of the conveyance and the installation and maintenance of equipment for such conveyance of a television broadcasting service which is not a domestic satellite service, or charges made in respect of the conveyance and the installation and maintenance of equipment for such conveyance of a television programme service where in respect of the claimant’s dwelling the installation of such equipment is the only practicable means of conveying satisfactorily a television broadcasting service which is not a domestic satellite service, as these services are defined in the Broadcasting Act 1990(1));

(iv)cleaning of rooms and windows except cleaning of—

(aa)communal areas; or

(bb)the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,

where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the National Assembly for Wales to the claimant or his partner, or to another person on their behalf; and

(v)transport;

(b)charges in respect of—

(i)the acquisition of furniture or household equipment; and

(ii)the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;

(c)charges in respect of the provision of an emergency alarm system;

(d)charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);

(e)charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);

(f)charges in respect of general counselling or of any other support services, whoever provides those services;

(g)charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

Amount ineligible for meals

2.—(1) Where a charge for meals is ineligible to be met by housing benefit under paragraph 1, the amount ineligible in respect of each week shall be the amount specified in the following provisions of this paragraph.

(2) Subject to sub-paragraph (4), where the charge includes provision for at least three meals a day, the amount shall be—

(a)for a single claimant, £20.05;

(b)if the claimant is a member of a family—

(i)for the claimant and for each member of his family aged 16 or over, £20.05;

(ii)for each member of his family under age 16, £10.15.

(3) Except where sub-paragraph (5) applies and subject to sub-paragraph (4), where the charge includes provision for less than three meals a day, the amount shall be—

(a)for a single claimant, £13.35;

(b)if the claimant is a member of a family—

(i)for the claimant and for each member of his family aged 16 or over, £13.35;

(ii)for each member of his family under age 16, £6.70.

(4) For the purposes of sub-paragraphs (2)(b) and (3)(b), a person attains the age of 16 on the first Monday in September following his 16th birthday.

(5) Where the charge for meals includes the provision of breakfast only, the amount for the claimant and, if he is a member of a family, for the claimant and for each member of his family, shall be £2.45.

(6) Where a charge for meals includes provision for meals for a person who is not a member of the claimant’s family sub-paragraphs (2) to (5) shall apply as if that person were a member of the claimant’s family.

(7) For the avoidance of doubt where the charge does not include provision for meals for a claimant or, as the case may be, a member of his family, sub-paragraphs (2) to (5) shall not apply in respect of that person.

Amount of ineligible charges

3.—(1) Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the appropriate authority shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.

(2) Subject to paragraph 2, where the relevant authority considers that the amount of any ineligible service charge which is separately identified within other payments made by the occupier in respect of the dwelling is unreasonably low having regard to the service provided, it shall substitute a sum for the charge in question which it considers represents the value of the services concerned and the amount so substituted shall be ineligible to be met by housing benefit.

(3) In sub-paragraph (2) the expression “ineligible service charge” includes any service charge which does not qualify as a periodical payment under regulation 12(1)(e) (rent).

(4) In any other case, the whole amount of the ineligible service charge shall be ineligible to be met by housing benefit.

Excessive service costs

4.  Subject to paragraph 2, where the relevant authority considers that the amount of a service charge to which regulation 12(1)(e) (rent) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.

PART 2Payments in respect of fuel charges

5.  A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.

6.—(1) Where a charge is ineligible to be met by housing benefit under paragraph 5—

(a)in the calculation of entitlement to a rent rebate; or

(b)in the calculation of entitlement to a rent allowance if the amount of the charge is specified or is otherwise readily identifiable (except where the amount of the charge is unrealistically low in relation to the fuel provided or the charge cannot readily be distinguished from a charge for a communal area),

the amount ineligible to be met by housing benefit shall be the full amount of the service charge.

(2) In any other case, subject to sub-paragraphs (3) and (4) and paragraph 7, the amount ineligible to be met by housing benefit shall be the following amounts in respect of each week—

(a)for heating (other than hot water) £10.55;

(b)for hot water £1.25;

(c)for lighting £0.85;

(d)for cooking £1.25.

(3) Where the accommodation occupied by the claimant or, if he is a member of a family, by the claimant and the members of his family, consists of one room only, the amount ineligible to be met by housing benefit in respect of each week where heating only is, or heating and either hot water or lighting (or both) are, provided, shall be one-half of the aggregate of the amounts specified in sub-paragraphs (2)(a), (b) and (c).

(4) In a case to which sub-paragraph (2) or (3) applies, if a claimant provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, the amount ineligible to be met by housing benefit under this paragraph shall be that estimated amount.

7.—(1) Where rent is payable other than weekly, any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall—

(a)where rent is payable in multiples of a week, be multiplied by the number equal to the number of weeks in respect of which it is payable; or

(b)in any other case, be divided by 7 and multiplied by the number of days in the period to be used by the relevant authority for the purpose of calculating the claimant’s weekly eligible rent under regulation 61 (calculation of weekly amounts).

(2) In a case to which regulation 62 applies (rent free periods), any amount ineligible to be met by housing benefit which is specified in this Schedule as a weekly amount shall, where appropriate, be converted in accordance with sub-paragraph (1) and shall—

(a)where rent is payable weekly, or in multiples of a week, be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent; or

(b)in any other case, be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

8.  In this Schedule—

• “communal areas” mean areas (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;

• “fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.

Regulation 14

SCHEDULE 2Excluded tenancies

1.  An excluded tenancy is any tenancy to which any of the following paragraphs applies.

2.—(1) Subject to sub-paragraphs (2) to (3), where a rent officer has made a determination, which relates to the tenancy in question or any other tenancy of the same dwelling this paragraph applies to—

(a)the tenancy in respect of which that determination was made; and

(b)any other tenancy of the same dwelling on terms which are substantially the same, other than the term relating to the amount of rent, as those terms were at the time of that determination or, if earlier, at the end of the tenancy.

(2) For the purposes of any claim, notification, request or application under regulation 14(1) (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to a rent officer’s determination made in consequence of an earlier claim, notification, request or application (“the earlier application”) where—

(a)the earlier and later applications were made in respect of the same claimant or different claimants; and

(b)the earlier application was made more than 52 weeks before the later application was made.

(3) Sub-paragraph (1) shall not apply where subsequent to the making of the determination mentioned in that sub-paragraph—

(a)the number of occupiers of the dwelling has changed and that dwelling is not in a hostel;

(b)there has been a substantial change in the condition of the dwelling (including the making of improvements) or the terms of the tenancy other than a term relating to rent;

(c)there has been a rent increase under a term of the tenancy and the term under which that increase was made was either included in the tenancy at the time when the application for that determination was made (or was a term substantially the same as such a term) and that determination was not made under paragraph 1(2), 2(2) or 3(3) of Schedule 1 to the Rent Officers Order;

(d)in a case where the rent officer has made a determination under paragraph 2(2) of Schedule 1 to the Rent Officers Order (size and rent determinations), but since the date of the application for that determination—

(i)a child, who is a member of the household occupying the dwelling, has attained the age of 10 years; or

(ii)a young person, who is a member of the household occupying that dwelling, has attained the age of 16 years; or

(iii)there is a change in the composition of the household occupying the dwelling;

(e)the claimant is a young individual, except in a case where the determination mentioned in sub-paragraph (1) was, or was made in conjunction with, a determination of a single room rent pursuant to paragraph 5 of Schedule 1 to the Rent Officers Order on or after 2nd July 2001.

3.—(1) This paragraph applies where the landlord is a registered housing association, except in a case where the local authority consider that—

(a)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependants of his and any person paying rent to him); or

(b)the rent payable for that dwelling is unreasonably high.

(2) Where the circumstances set out in head (a) or (b) of sub-paragraph (1) above exist, the authority shall so state in their application for a determination.

4.  This paragraph applies to a tenancy entered into before—

(a)in Scotland, 2nd January 1989; and

(b)in any other case, 15th January 1989.

5.  This paragraph applies to a regulated tenancy within the meaning of—

(a)in Scotland, the Rent (Scotland) Act 1984(2); and

(b)in any other case, the Rent Act 1977(3).

6.  This paragraph applies to a housing association tenancy which—

(a)in Scotland, is a tenancy to which Part 6 of the Rent (Scotland) Act 1984 applies; and

(b)in any other case, is a housing association tenancy to which Part 6 of the Rent Act 1977 applies.

7.  This paragraph applies to a protected occupancy or statutory tenancy within the meaning of the Rent (Agriculture) Act 1976(4).

8.  This paragraph applies to a tenancy at a low rent within the meaning of Part 1 of the Landlord and Tenant Act 1954(5) or Schedule 10 to the Local Government and Housing Act 1989(6).

9.  This paragraph applies to a tenancy of any dwelling which is a bail hostel or probation hostel approved by the Secretary of State under section 9(1) of the Criminal Justice and Court Services Act 2000(7).

10.  This paragraph applies to a tenancy of a housing action trust established under Part 3 of the Housing Act 1988(8).

11.—(1) Subject to sub-paragraphs (2) and (3) this paragraph applies to a tenancy—

(a)in respect of a dwelling comprised in land which has been disposed of under section 32 of the Housing Act 1985(9) or section 12 of the Housing (Scotland) Act 1987(10);

(b)in respect of a dwelling comprised in land which has been disposed of with the consent required by section 43 of the Housing Act 1985(11) or section 12 of the Housing (Scotland) Act 1987;

(c)in respect of which the fee simple estate has been acquired, under the right conferred by Chapter 2 of Part 1 of the Housing Act 1996(12), otherwise than from a housing action trust within the meaning of Part 3 of that Act or in respect of which the house has been acquired under the right conferred by Part 3 of the Housing (Scotland) Act 1988; or

(d)in respect of a dwelling disposed of under the New Towns (Transfer of Housing Stock) Regulations 1990(13) to a person who is an approved person for the purposes of disposal under those Regulations or in respect of a dwelling disposed of pursuant to powers contained in the New Towns (Scotland) Act 1968(14) to a housing association.

(2) This paragraph shall not apply to a tenancy to which sub-paragraph (1) refers if—

(a)there has been an increase in rent since the disposal or acquisition, as the case may be, occurred; and

(b)the local authority stated in the application for determination that—

(i)the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him); or

(ii)the rent payable for that dwelling is unreasonably high.

(3) Where the disposal or acquisition, as the case may be, took place on or after 7th October 2002, sub-paragraph (2)(b) shall apply to a tenancy to which sub-paragraph (1) refers as if head (i) were omitted.

12.  In this Schedule, “rent” shall be construed in accordance with paragraph (10) of regulation 14 (interpretation of “tenancy” and other expressions appropriate to a tenancy) and, subject to that sub-paragraph, has the same meaning—

(a)in Scotland, as in section 25 of the Housing (Scotland) Act 1988(15), except that the reference to the house in subsection (3) shall be construed as a reference to the dwelling;

(b)in any other case, as in section 14 of the Housing Act 1988(16), except that the reference to the dwelling-house in subsection (4) shall be construed as a reference to the dwelling,

(c)and—

(i)other expressions have the same meaning as in regulation 14(10);

(ii)in the case of a determination by a rent officer pursuant to a request for such a determination under regulation 14(1)(e), any reference to a “tenancy” shall be taken as a reference to a prospective tenancy and any reference to an “occupier” or any person “occupying” a dwelling shall, in the case of such a determination, be taken to be a reference to a potential occupier or potential occupation of that dwelling.

Regulation 22

SCHEDULE 3Applicable amounts

PART 1Personal allowances

1.  The amount specified in column (2) below in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 22—

2.—(1) The amounts specified in column (2) below in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 22—

(2) In column (1) of the Table above, “the first Monday in September” means the Monday which first occurs in the month of September in any year.

PART 2Family premium

3.—(1) The amount for the purposes of regulations 22(1)(c) and (d) in respect of a family of which at least one member is a child or young person shall be £16.10.

(2) The amount specified in sub-paragraph (1) shall be increased by £10.50 where at least one child is under the age of one year and for the purposes of this sub-paragraph where that child’s first birthday does not fall on a Monday he shall be treated as under the age of one year until the first Monday after his first birthday.

PART 3Premiums

4.  The premiums specified in Part 4 shall, for the purposes of regulation 22(1)(e), be applicable to a claimant who satisfies the condition specified in this Part in respect of that premium.

5.—(1) Subject to sub-paragraph (2), for the purposes of this Part of this Schedule, once a premium is applicable to a claimant under this Part, a person shall be treated as being in receipt of any benefit for—

(a)in the case of a benefit to which the Social Security (Overlapping Benefits) Regulations 1979(17) applies, any period during which, apart from the provisions of those Regulations, he would be in receipt of that benefit; and

(b)any period spent by a person in undertaking a course of training or instruction provided or approved by the Secretary of State under section 2 of the 1973 Act(18), or by Scottish Enterprise or Highlands and Islands Enterprise under section 2 of the Enterprise and New Towns (Scotland) Act 1990(19) or for any period during which he is in receipt of a training allowance.

(2) For the purposes of the carer premium under paragraph 9, a person shall be treated as being in receipt of a carer’s allowance under section 70 of the Act(20) by virtue of sub-paragraph (1)(a) only if and for so long as the person in respect of whose care the allowance has been claimed remains in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act.

Severe disability premium

6.—(1) The condition is that the claimant is a severely disabled person.

(2) For the purposes of sub-paragraph (1), a claimant shall be treated as being a severely disabled person if, and only if—

(a)in the case of a single claimant, lone parent or a claimant who is treated as having no partner in consequence of sub-paragraph (3)—

(i)he is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; and

(ii)subject to sub-paragraph (6), he has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing; and

(iii)no person is entitled to, and in receipt of, a carer’s allowance in respect of caring for him;

(b)in the case of a claimant who has a partner—

(i)the claimant is in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; and

(ii)his partner is also in receipt of such an allowance or, if the claimant is a member of a polygamous marriage, each other member of that marriage is in receipt of such an allowance; and

(iii)subject to sub-paragraph (6), the claimant has no non-dependants aged 18 or over normally residing with him or with whom he is normally residing,

and either a person is entitled to and in receipt of a carer’s allowance in respect of caring for only one of the couple or, if he is a member of a polygamous marriage, for one or more but not all the members of the marriage, or as the case may be, no person is entitled to and in receipt of such an allowance in respect of caring for either member of a couple or any of the members of the marriage.

(3) Where a claimant has a partner who does not satisfy the condition in sub-paragraph (2)(b)(ii), and that partner is blind or is treated as blind within the meaning of sub-paragraph (4), that partner shall be treated for the purposes of sub-paragraph (2) as if he were not a partner of the claimant.

(4) For the purposes of sub-paragraph (3), a person is blind if he is registered in a register compiled by a local authority under section 29 of the National Assistance Act 1948(21) (welfare services) or, in Scotland, has been certified as blind and in consequence he is registered in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994(22).

(5) For the purposes of sub-paragraph (4), a person who has ceased to be registered as blind on regaining his eyesight shall nevertheless be treated as blind and as satisfying the additional condition set out in that sub-paragraph for a period of 28 weeks following the date on which he ceased to be so registered.

(6) For the purposes of sub-paragraph (2)(a)(ii) and (2)(b)(iii) no account shall be taken of—

(a)a person receiving attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or

(b)a person who is blind or is treated as blind within the meaning of sub-paragraphs (4) and (5).

(7) For the purposes of sub-paragraph (2)(b) a person shall be treated —

(a)as being in receipt of attendance allowance, or the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act, if he would, but for his being a patient for a period exceeding 28 days, be so in receipt;

(b)as being entitled to and in receipt of a carer’s allowance if he would, but for the person for whom he was caring being a patient in hospital for a period exceeding 28 days, be so entitled and in receipt.

(8) For the purposes of sub-paragraph (2)(a)(iii) and (2)(b)—

(a)no account shall be taken of an award of a carer’s allowance to the extent that payment of such an award is backdated for a period before the date on which the award is made; and

(b)references to a person being in receipt of a carer’s allowance shall include references to a person who would have been in receipt of that allowance but for the application of a restriction under section 7 of the Social Security Fraud Act 2001(23) (loss of benefit).

Enhanced disability premium

7.  The condition is that the care component of disability living allowance is, or would, but for a suspension of benefit in accordance with regulations under section 113(2) of the Act or but for an abatement as a consequence of hospitalisation, be payable at the highest rate prescribed under section 72(3) of the Act in respect of a child or young person who is a member of the claimant’s family.

Disabled child premium

8.  The condition is that a child or young person for whom the claimant or a partner of his is responsible and who is a member of the claimant’s household—

(a)is in receipt of disability living allowance or is no longer in receipt of such allowance because he is a patient, provided that the child or young person continues to be a member of the family; or

(b)is blind within the meaning of paragraph 6(4) or is treated as blind in accordance with paragraph 6(5);

(c)is a child or a young person in respect of whom section 145A of the Act(24) (entitlement to child benefit after death of child) applies for the purposes of entitlement to child benefit, but only for the period prescribed under that section, and in respect of whom a disabled child premium was included in the claimant’s applicable amount immediately before the death of that child.

Carer premium

9.—(1) The condition is that the claimant or his partner is, or both of them are, entitled to a carer’s allowance.

(2) Where a carer premium has been awarded but—

(a)the person in respect of whose care the carer’s allowance has been awarded dies; or

(b)the person in respect of whom the premium was awarded ceases to be entitled, or ceases to be treated as entitled, to a carer’s allowance,

this paragraph shall be treated as satisfied for a period of eight weeks from the relevant date specified in sub-paragraph (3).

(3) The relevant date for the purposes of sub-paragraph (2) is—

(a)the Sunday following the death of the person in respect of whose care the carer’s allowance has been awarded (or beginning with the date of death if the date occurred on a Sunday);

(b)where head (a) above does not apply, the date on which that person who was entitled to a carer’s allowance ceases to be entitled to it.

(4) For the purposes of this paragraph, a person shall be treated as being entitled to and in receipt of a carer’s allowance for any period not covered by an award but in respect of which a payment is made in lieu of an award.

Persons in receipt of concessionary payments

10.  For the purpose of determining whether a premium is applicable to a person under paragraphs 6 to 9, any concessionary payment made to compensate that person for the non-payment of any benefit mentioned in those paragraphs shall be treated as if it were a payment of that benefit.

Person in receipt of benefit

11.  For the purposes of this Part of this Schedule, a person shall be regarded as being in receipt of any benefit if, and only if, it is paid in respect of him and shall be so regarded only for any period in respect of which that benefit is paid.

PART 4Amounts of premiums specified in Part 3

Regulation 36(1)

SCHEDULE 4Sums disregarded from claimant’s earnings

1.  Where two or more of paragraphs 2 to 5 apply in any particular case the overall maximum sum which falls to be disregarded in that case under those paragraphs is restricted to—

(a)£25 in the case of a lone parent;

(b)£20 in any other case.

2.  In a case where a claimant is a lone parent, £25 of earnings.

3.—(1) In a case of earnings from any employment or employments to which sub-paragraph (2) applies, £20.

(2) This paragraph applies to employment—

(a)as a part-time fire-fighter employed by a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004(25) or a scheme to which section 4 of that Act applies;

(b)as a part-time fire-fighter employed by a fire and rescue authority (as defined in section 1 of the Fire (Scotland) Act 2005(26)) or a joint fire and rescue board constituted by an amalgamation scheme made under section 2(1) of that Act;

(c)as an auxiliary coastguard in respect of coast rescue activities;

(d)in the manning or launching of a lifeboat if the employment is part-time;

(e)as a member of any territorial or reserve force prescribed in Part 1 of Schedule 6 to Social Security (Contributions) Regulations 2001(27).

(3) If—

(a)any of the earnings of the claimant or, if he has a partner, his partner, or both of them, are disregarded under sub-paragraph (1); and

(b)either of them has, or they both have, other earnings,

so much of those other earnings as would not, in aggregate with the earnings disregarded under that sub-paragraph, exceed £20.

4.—(1) If the claimant or, if he has a partner, his partner is a carer, or both are carers, £20 of any earnings received from his or their employment.

(2) Where the carer premium is awarded in respect of the claimant and of any partner of his, their earnings shall for the purposes of this paragraph be aggregated, but the amount to be disregarded in accordance with sub-paragraph (1) shall not exceed £20 of the aggregated amount.

(3) In this paragraph the claimant or his partner is a carer if paragraph 9 of Part 3 of Schedule 3 (amount applicable for carers) is satisfied in respect of him.

5.—(1) £20 is disregarded if the claimant or, if he has a partner, his partner—

(a)is in receipt of—

(i)long-term incapacity benefit under Section 30A of the Act(28);

(ii)severe disablement allowance under section 68 of the Act(29);

(iii)attendance allowance;

(iv)disability living allowance under sections 71 to 76 of the Act(30);

(v)any mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(31) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983(32); or

(vi)the disability element or the severe disability element of working tax credit under Schedule 2 to the Working Tax Credit Regulations(33); or

(b)is or are registered as blind in a register compiled by a local authority under section 29 of the National Assistance Act 1948(34) (welfare services) or, in Scotland, has been certified as blind and in consequence is registered as blind in a register maintained by or on behalf of a council constituted under section 2 of the Local Government (Scotland) Act 1994(35); or

(c)is, or is treated as, incapable of work in accordance with the provisions of, and regulations made under, Part 12A of the Act(36) (incapacity for work), and has been incapable, or has been treated as incapable, of work for a continuous period of not less than—

(i)in the case of a claimant who is terminally ill within the meaning of section 30B(4) of that Act(37), 196 days;

(ii)in any other case, 364 days.

(2) Subject to sub-paragraph (3), £20 is disregarded if the claimant or, if he has a partner, his partner has, within a period of 8 weeks ending on the day in respect of which the claimant or his partner attains the qualifying age for state pension credit, had an award of housing benefit or council tax benefit and—

(a)£20 was disregarded in respect of earnings taken into account in that award;

(b)the person whose earnings qualified for the disregard continues in employment after the termination of that award.

(3) The disregard of £20 specified in sub-paragraph (2) applies so long as there is no break, other than a break which does not exceed 8 weeks, in a person’s entitlement to housing benefit or council tax benefit or in employment following the first day in respect of which that benefit is awarded.

(4) £20 is the maximum amount which may be disregarded under this paragraph, notwithstanding that, where the claimant has a partner, both the claimant and his partner satisfy the requirements of this paragraph.

6.  Any amount or the balance of any amount which would fall to be disregarded under paragraph 18 or 19 of Schedule 5 had the claimant’s income which does not consist of earnings been sufficient to entitle him to the full disregarded thereunder.

7.  Except where the claimant or his partner qualifies for a £20 disregard under the preceding provisions of this Schedule—

(a)£5 shall be disregarded if a claimant who has no partner has earnings;

(b)£10 shall be disregarded if a claimant who has a partner has earnings.

8.  Any earnings, other than earnings referred to in regulation 33(8)(b) (copyright, patent or trade mark), derived from employment which ended before the day in respect of which the claimant first satisfies the conditions for entitlement to housing benefit.

9.—(1) In a case where the claimant is a person who satisfies at least one of the conditions set out in sub-paragraph (2), and his net earnings equal or exceed the total of the amounts set out in sub-paragraph (3), the amount of his earnings that falls to be disregarded under this Schedule shall be increased by £14.50.

(2) The conditions of this sub-paragraph are that—

(a)the claimant, or if he has a partner, either the claimant or his partner, is a person to whom regulation 20(1)(c) of the Working Tax Credit Regulations applies; or

(b)the claimant—

(i)is, or any partner of his is, aged at least 25 and is engaged in remunerative work for on average not less than 30 hours per week; or

(ii)if he is a member of a couple—

(aa)at least one member of that couple is engaged in remunerative work for on average not less than 16 hours per week; and

(bb)his applicable amount includes a family premium under paragraph 3 of Schedule 3; or

(iii)is a lone parent who is engaged in remunerative work for on average not less than 16 hours per week; or

(iv)is, or if he has a partner, one of them is, engaged in remunerative work for on average not less than 16 hours per week, and paragraph 5(1) above is satisfied in respect of that person; or

(c)the claimant is, or, if he has a partner, one of them is, a person to whom regulation 18(3) of the Working Tax Credit Regulations(38) (eligibility for 50 plus element) applies, or would apply if an application for working tax credit were to be made in his case.

(3) The following are the amounts referred to in sub-paragraph (1)—

(a)any amount disregarded under this Schedule;

(b)the amount of child care charges calculated as deductible under regulation 31(1)(c) (treatment of child care charges); and

(c)£14.50.

(4) The provisions of regulation 6 (remunerative work) shall apply in determining whether or not a person works for on average not less than 30 hours per week, but as if the reference to 16 hours in paragraph (1) of that regulation was a reference to 30 hours.

10.  Where a payment of earnings is made in a currency other than Sterling any banking charge or commission payable in converting that payment into Sterling.

Regulation 33(9)

SCHEDULE 5Amounts to be disregarded in the calculation of income other than earnings

1.  In addition to any sum which falls to be disregarded in accordance with paragraphs 2 to 6, £10 of any of the following, namely—

(a)a war disablement pension (except insofar as such a pension falls to be disregarded under paragraph 2 or 3);

(b)a war widow’s or war widower’s pension;

(c)a pension payable to a person as a widow, widower or surviving civil partner under the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(39) insofar as that Order is made under the Naval and Marine Pay and Pensions Act 1865(40) or the Pensions and Yeomanry Pay Act 1884(41), or is made only under section 12(1) of the Social Security (Miscellaneous Provisions) Act 1977(42) and any power of Her Majesty otherwise than under an enactment to make provision about pensions for or in respect of persons who have been disabled or have died in consequence of service as members of the armed forces of the Crown;

(d)a guaranteed income payment;

(e)a payment made to compensate for the non-payment of such a pension or payment as is mentioned in any of the preceding sub-paragraphs;

(f)a pension paid by the government of a country outside Great Britain which is analogous to any of the pensions or payments mentioned in sub-paragraphs (a) to (d) above;

(g)a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria.

2.  The whole of any amount included in a pension to which paragraph 1 relates in respect of—

(a)the claimant’s need for constant attendance;

(b)the claimant’s exceptionally severe disablement.

3.  Any mobility supplement under article 26A of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(43) (including such a supplement by virtue of any other scheme or order) or under article 25A of the Personal Injuries (Civilians) Scheme 1983 (44) or any payment intended to compensate for the non-payment of such a supplement.

4.  Any supplementary pension under article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(45) (pensions to widows, widowers or surviving civil partners).

5.  In the case of a pension awarded at the supplementary rate under article 27(3) of the Personal Injuries (Civilians) Scheme 1983(46) (pensions to widows, widowers or surviving civil partners), the sum specified in paragraph 1(c) of Schedule 4 to that Scheme.

6.—(1) Any payment which is—

(a)made under any of the Dispensing Instruments to a widow, widower or surviving civil partner of a person—

(i)whose death was attributable to service in a capacity analogous to service as a member of the armed forces of the Crown; and

(ii)whose service in such capacity terminated before 31st March 1973; and

(b)equal to the amount specified in article 29(1A) of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983 (pensions to widows, widowers or surviving civil partners).

(2) In this paragraph “the Dispensing Instruments” means the Order in Council of 19th December 1881, the Royal Warrant of 27th October 1884 and the Order by His Majesty of 14th January 1922 (exceptional grants of pay, non-effective pay and allowances).

7.  £15 of any widowed parent’s allowance to which the claimant is entitled under section 39A of the Act (47).

8.  £15 of any widowed mother’s allowance to which the claimant is entitled under section 37 of the Act(48).

9.  Where the claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation, an amount, in respect of each person for whom such accommodation is provided for the whole or any part of a week, equal to—

(a)where the aggregate of any payments made in respect of any one week in respect of such accommodation provided to such person does not exceed £20, 100 per cent. of such payments; or

(b)where the aggregate of any such payments exceeds £20, £20 and 50 per cent. of the excess over £20.

10.  If the claimant—

(a)owns the freehold or leasehold interest in any property or is a tenant of any property; and

(b)occupies a part of that property; and

(c)has an agreement with another person allowing that person to occupy another part of that property on payment of rent and—

(i)the amount paid by that person is less than £20 per week, the whole of that amount; or

(ii)the amount paid is £20 or more per week, £20.

11.  Where a claimant receives income under an annuity purchased with a loan, which satisfies the following conditions—

(a)that the loan was made as part of a scheme under which not less than 90 per cent. of the proceeds of the loan were applied to the purchase by the person to whom it was made of an annuity ending with his life or with the life of the survivor of two or more persons (in this paragraph referred to as “the annuitants”) who include the person to whom the loan was made;

(b)that at the time the loan was made the person to whom it was made or each of the annuitants had attained the age of 65;

(c)that the loan was secured on a dwelling in Great Britain and the person to whom the loan was made or one of the annuitants owns an estate or interest in that dwelling;

(d)that the person to whom the loan was made or one of the annuitants occupies the dwelling on which it was secured as his home at the time the interest is paid; and

(e)that the interest payable on the loan is paid by the person to whom the loan was made or by one of the annuitants,

the amount, calculated on a weekly basis, equal to—

(i)where, or insofar as, section 369 of the Income and Corporation Taxes Act 1988(49) (mortgage interest payable under deduction of tax) applies to the payments of interest on the loan, the interest which is payable after deduction of a sum equal to income tax on such payments at the applicable percentage of income tax within the meaning of section 369(1A) of that Act;

(ii)in any other case, the interest which is payable on the loan without deduction of such a sum.

12.—(1) Any payment, other than a payment to which sub-paragraph (2) applies, made to the claimant by Trustees in exercise of a discretion exercisable by them.

(2) This sub-paragraph applies to payments made to the claimant by Trustees in exercise of a discretion exercisable by them for the purpose of—

(a)obtaining food, ordinary clothing or footwear or household fuel;

(b)the payment of rent, council tax or water charges for which that claimant or his partner is liable;

(c)meeting housing costs of a kind specified in Schedule 2 to the State Pension Credit Regulations 2002(50).

(3) In a case to which sub-paragraph (2) applies, £20 or—

(a)if the payment is less than £20, the whole payment;

(b)if, in the claimant’s case, £10 is disregarded in accordance with paragraph 1(a) to (g), £10 or the whole payment if it is less than £10; or

(c)if, in the claimant’s case, £15 is disregarded under paragraph 7 or paragraph 8 and—

(i)he has no disregard under paragraph 1(a) to (g), £5 or the whole payment if it is less than £5;

(ii)he has a disregard under paragraph 1(a) to (g), nil.

(4) For the purposes of this paragraph—

“ordinary clothing and footwear” means clothing or footwear for normal daily use, but does not include school uniforms, or clothing and footwear used solely for sporting activities; and

“rent” means eligible rent for the purposes of these Regulations less any deductions in respect of non-dependants which fall to be made under regulation 55 (non-dependant deductions).

13.  Any increase in pension under Part 4 of the Naval, Military and Air Forces etc. (Disablement and Death) Service Pensions Order 1983(51) paid in respect of a dependent other than the pensioner’s spouse or civil partner.

14.  Any payment ordered by a court to be made to the claimant or the claimant’s partner in consequence of any accident, injury or disease suffered by the person or a child of the person to or in respect of whom the payments are made.

15.  Periodic payments made to the claimant or the claimant’s partner under an agreement entered into in settlement of a claim made by the claimant or, as the case may be, the claimant’s partner for an injury suffered by him.

16.  Any income which is payable outside the United Kingdom for such period during which there is a prohibition against the transfer to the United Kingdom of that income.

17.  Any banking charges or commission payable in converting to Sterling payments of income made in a currency other than Sterling.

18.  Where the claimant makes a parental contribution in respect of a student attending a course at an establishment in the United Kingdom or undergoing education in the United Kingdom, which contribution has been assessed for the purposes of calculating—

(a)under, or pursuant to regulations made under powers conferred, by section 1 or 2 of the Education Act 1962(52), or section 22 of the Teaching and Higher Education Act 1998(53), that student’s award;

(b)under regulations made in exercise of the powers conferred by section 49 of the Education (Scotland) Act 1980(54), that student’s bursary, scholarship, or other allowance under that section or under regulations made in exercise of the powers conferred by section 73 of that Act of 1980, any payment to that student under that section; or

(c)the student’s student loan,

an amount equal to the weekly amount of that parental contribution, but only in respect of the period for which that contribution is assessed as being payable.

19.—(1) Where the claimant is the parent of a student aged under 25 in advanced education who either—

(a)is not in receipt of any award, grant or student loan in respect of that education; or

(b)is in receipt of an award under section 2 of the Education Act 1962 (discretionary awards) or an award bestowed by virtue of the Teaching and Higher Education Act 1998, or regulations made thereunder, or a bursary, scholarship or other allowance under section 49(1) of the Education (Scotland) Act 1980(55), or a payment under section 73 of that Act of 1980,

and the claimant makes payments by way of a contribution towards the student’s maintenance, other than a parental contribution falling within paragraph 18, an amount specified in sub-paragraph (2) in respect of each week during the student’s term.

(2) For the purposes of sub-paragraph (1), the amount shall be equal to—

(a)the weekly amount of the payments; or

(b)the amount by way of a personal allowance for a single claimant under 25 less the weekly amount of any award, bursary, scholarship, allowance or payment referred to in sub-paragraph (1)(b),

whichever is less.

20.—(1) Where a claimant’s applicable amount includes an amount by way of a family premium, £15 of any payment of maintenance, whether under a court order or not, which is made or due to be made by the claimant’s spouse, civil partner, former spouse or former civil partner or the claimant’s partner’s spouse, civil partner, former spouse, or former civil partner.

(2) For the purposes of sub-paragraph (1), where more than one maintenance payment falls to be taken into account in any week, all such payments shall be aggregated and treated as if they were a single payment.

21.  Except in a case which falls under paragraph 9 of Schedule 4, where the claimant is a person who satisfies the conditions of sub-paragraph (2) of that paragraph, any amount of working tax credit up to £14.50.

22.  Except in the case of income from capital specified in Part 2 of Schedule 6, any actual income from capital.

23.  Any special war widows payment made under—

(a)the Naval and Marine Pay and Pensions (Special War Widows Payment) Order 1990 made under section 3 of the Naval and Marine Pay and Pensions Act 1865(56);

(b)the Royal Warrant dated 19th February 1990 amending the Schedule to the Army Pensions Warrant 1977;

(c)the Queen’s Order dated 26th February 1990 made under section 2 of the Air Force (Constitution) Act 1917(57);

(d)the Home Guard War Widows Special Payments Regulations 1990 made under section 151 of the Reserve Forces Act 1980(58);

(e)the Orders dated 19th February 1990 amending Orders made on 12th December 1980 concerning the Ulster Defence Regiment made in each case under section 140 of the Reserve Forces Act 1980;

and any analogous payment made by the Secretary of State for Defence to any person who is not a person entitled under the provisions mentioned in sub-paragraphs (a) to (e) of this paragraph.

24.  Where the total value of any capital specified in Part 2 of Schedule 6 does not exceed—

(a)in the case of a claimant residing permanently in accommodation to which regulation 29(6) applies, £10,000; or

(b)in any other case, £6,000,

any income actually derived from such capital.

Regulation 44(2)

SCHEDULE 6Capital to be disregarded

PART 1Capital to be disregarded generally

1.  Any premises acquired for occupation by the claimant which he intends to occupy as his home within 26 weeks of the date of acquisition or such longer period as is reasonable in the circumstances to enable the claimant to obtain possession and commence occupation of the premises.

2.  Any premises which the claimant intends to occupy as his home, and in respect of which he is taking steps to obtain possession and has sought legal advice, or has commenced legal proceedings, with a view to obtaining possession, for a period of 26 weeks from the date on which he first sought such advice or first commenced such proceedings whichever is the earlier, or such longer period as is reasonable in the circumstances to enable him to obtain possession and commence occupation of those premises.

3.  Any premises which the claimant intends to occupy as his home to which essential repairs or alterations are required in order to render them fit for such occupation, for a period of 26 weeks from the date on which the claimant first takes steps to effect those repairs or alterations, or such longer period as is necessary to enable those repairs or alterations to be carried out.

4.  Any premises occupied in whole or in part—

(a)by a person who is a relative of the claimant or of his partner as his home where that person is either aged 60 or over or incapacitated;

(b)by the former partner of the claimant as his home; but this provision shall not apply where the former partner is a person from whom the claimant is estranged or divorced or with whom he had formed a civil partnership that has been dissolved.

5.  Any future interest in property of any kind, other than land or premises in respect of which the claimant has granted a subsisting lease or tenancy, including sub-leases or sub-tenancies.

6.  Where a claimant has ceased to occupy what was formerly the dwelling occupied as the home following his estrangement or divorce from his former partner or the dissolution of a civil partnership with his former partner, that dwelling for a period of 26 weeks from the date on which he ceased to occupy that dwelling or, where the dwelling is occupied as the home by the former partner who is a lone parent, for so long as it is so occupied.

7.  Any premises where the claimant is taking reasonable steps to dispose of the whole of his interest in those premises, for a period of 26 weeks from the date on which he first took such steps, or such longer period as is reasonable in the circumstances to enable him to dispose of those premises.

8.  All personal possessions.

9.  The assets of any business owned in whole or in part by the claimant and for the purposes of which he is engaged as a self-employed earner or, if he has ceased to be engaged, for such period as may be reasonable in the circumstances to allow for disposal of those assets.

10.  The assets of any business owned in whole or in part by the claimant if—

(a)he is not engaged as a self-employed earner in that business by reason of some disease or bodily or mental disablement; but

(b)he intends to become engaged (or, as the case may be, re-engaged) as a self-employed earner in that business as soon as he recovers or is able to become engaged, or re-engaged, in that business,

for a period of 26 weeks from the date on which the claim for housing benefit is made or, if it is unreasonable to expect him to become engaged or re-engaged in that business within that period, for such longer period as is reasonable in the circumstances to enable him to become so engaged or re-engaged.

11.  The surrender value of any policy of life insurance.

12.  The value of any funeral plan contract; and for this purpose, “funeral plan contract” means a contract under which—

(a)the claimant makes one or more payments to another person (“the provider”);

(b)the provider undertakes to provide, or secure the provision of, a funeral in the United Kingdom for the claimant on his death; and

(c)the sole purpose of the plan is to provide or secure the provision of a funeral for the claimant on his death.

13.  Where an ex-gratia payment has been made by the Secretary of State on or after 1st February 2001 in consequence of the imprisonment or internment of—

(a)the claimant;

(b)the claimant’s partner;

(c)the claimant’s deceased spouse or deceased civil partner; or

(d)the claimant’s partner’s deceased spouse or deceased civil partner,

by the Japanese during the Second World War, an amount equal to that payment.

14.—(1) Subject to sub-paragraph (2), the amount of any trust payment made to a claimant or a claimant’s partner who is—

(a)a diagnosed person;

(b)a diagnosed person’s partner or was a diagnosed person’s partner at the time of the diagnosed person’s death;

(c)a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(2) Where a trust payment is made to—

(a)a person referred to in sub-paragraph (1)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending on the date on which that person dies;

(b)a person referred to in sub-paragraph (1)(c), that sub-paragraph shall apply for the period beginning on the date on which the trust payment is made and ending two years after that date.

(3) Subject to sub-paragraph (4), the amount of any payment by a person to whom a trust payment has been made or of any payment out of the estate of a person to whom a trust payment has been made, which is made to a claimant or a claimant’s partner who is—

(a)the diagnosed person;

(b)a diagnosed person’s partner or was a diagnosed person’s partner at the date of the diagnosed person’s death; or

(c)a parent of a diagnosed person, a person acting in place of the diagnosed person’s parents or a person who was so acting at the date of the diagnosed person’s death.

(4) Where a payment such as referred to in sub-paragraph (3) is made to—

(a)a person referred to in sub-paragraph (3)(a) or (b), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending on the date on which that person dies;

(b)a person referred to in sub-paragraph (3)(c), that sub-paragraph shall apply for the period beginning on the date on which the payment is made and ending two years after that date.

(5) In this paragraph, a reference to a person—

(a)being the diagnosed person’s partner;

(b)acting in place of the diagnosed person’s parents,

at the date of the diagnosed person’s death shall include a person who would have been such a person or a person who would have been so acting, but for the diagnosed person residing in a care home or an independent hospital.

(6) In this paragraph—

“diagnosed person” means a person who has been diagnosed as suffering from, or who, after his death, has been diagnosed as having suffered from, variant Creutzfeldt-Jakob disease;

“relevant trust” means a trust established out of funds provided by the Secretary of State in respect of persons who suffered, or who are suffering, from variant Creutzfeldt-Jakob disease for the benefit of persons eligible for payments in accordance with its provisions;

“trust payment” means a payment under a relevant trust.

15.  The amount of any payment, other than a war disablement pension or a war widow’s or widower’s pension, to compensate for the fact that the claimant, the claimant’s partner, the claimant’s deceased spouse or civil partner or the claimant’s partner’s deceased spouse or civil partner—

(a)was a slave labourer or a forced labourer;

(b)had suffered property loss or had suffered personal injury; or

(c)was a parent of a child who had died,

during the Second World War.

16.—(1) Any payment made under—

(a)the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund (collectively referred to in this paragraph as “the Trusts”); or

(b)the Independent Living Funds.

(2) Any payment by or on behalf of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person, which derives from a payment made under any of the Trusts and which is made to or for the benefit of that person’s partner or former partner from whom he is not, or where that person has died was not, estranged or divorced or with whom he has formed a civil partnership that has not been dissolved or, where that person has died, had not been dissolved at the time of that person’s death.

(3) Any payment by or on behalf of the partner or former partner of a person who is suffering or who suffered from haemophilia or who is or was a qualifying person provided that the partner or former partner and that person are not, or if either of them has died were not, estranged or divorced or, where the partner or former partner and that person have formed a civil partnership, the civil partnership has not been dissolved or, if either of them has died, had not been dissolved at the time of the death, which derives from a payment made under any of the Trusts and which is made to or for the benefit of the person who is suffering from haemophilia or who is a qualifying person.

(4) Any payment by a person who is suffering from haemophilia or who is a qualifying person, which derives from a payment under any of the Trusts, where—

(a)that person has no partner or former partner from whom he is not estranged or divorced or with whom he has formed a civil partnership that has not been dissolved nor any child who is or had been a member of that person’s household; and

(b)the payment is made either—

(i)to that person’s parent or step-parent; or

(ii)where that person at the date of the payment is a child or a student who has not completed his full-time education and has no parent or step-parent, to any person standing in the place of his parent,

but only for a period from the date of the payment until the end of two years from that person’s death.

(5) Any payment out of the estate of a person who suffered from haemophilia or who was a qualifying person, which derives from a payment under any of the Trusts, where—

(a)that person at the date of his death (“the relevant date”) had no partner or former partner from whom he was not estranged or divorced or with whom he had formed a civil partnership that had not been dissolved, nor any child who was or had been a member of his household; and

(b)the payment is made either—

(i)to that person’s parent or step-parent; or

(ii)where that person at the relevant date was a child or a student who had not completed his full-time education and had no parent or step-parent, to any person standing in place of his parent,

but only for a period of two years from the relevant date.

(6) In the case of a person to whom or for whose benefit a payment referred to in this paragraph is made, any capital resource which derives from any payment of income or capital made under or deriving from any of the Trusts.

17.—(1) An amount equal to the amount of any payment made in consequence of any personal injury to the claimant or, if the claimant has a partner, to the partner.

(2) Where the whole or part of the payment is administered—

(a)by the High Court or the County Court under Rule 21.11(1) of the Civil Procedure Rules 1998(59), or the Court of Protection;

(b)in accordance with an order under Rule 36.14 of the Ordinary Cause Rules 1993(60) or under Rule 128 of those Rules; or

(c)in accordance with the terms of a trust established for the benefit of the claimant or his partner,

the whole of the amount so administered.

18.  Any amount specified in paragraphs 19, 20 or 21 for a period of one year beginning with the date of receipt.

19.  Amounts paid under a policy of insurance in connection with the loss of or damage to the property occupied by the claimant as his home and to his personal possessions.

20.  So much of any amounts paid to the claimant or deposited in the claimant’s name for the sole purpose of—

(a)purchasing premises which the claimant intends to occupy as his home; or

(b)effecting essential repairs or alterations to the premises occupied or intended to be occupied by the claimant as his home.

21.—(1) Subject to paragraph 22 any amount paid—

(a)by way of arrears of benefit;

(b)by way of compensation for the late payment of benefit;

(c)in lieu of the payment of benefit;

(d)to rectify, or compensate for, an official error, as defined for the purposes of paragraph 22, being an amount to which that paragraph does not apply;

(e)by a local authority (including, in relation to England, a county council), or by the National Assembly for Wales, to or on behalf of the claimant or his partner relating to a service which is provided to develop or sustain the capacity of the claimant or his partner to live independently in his accommodation.

(2) In sub-paragraph (1), “benefit” means—

(a)attendance allowance under section 64 of the Act;

(b)disability living allowance;

(c)income support;

(d)income-based jobseeker’s allowance;

(e)state pension credit;

(f)housing benefit;

(g)council tax benefit;

(h)child tax credit;

(i)an increase of a disablement pension under section 104 of the Act (increase where constant attendance is needed), and any further increase of such a pension under section 105 of the Act (increase for exceptionally severe disablement);

(j)any amount included on account of the claimant’s exceptionally severe disablement or need for constant attendance in a war disablement pension or a war widow’s or widower’s pension.

22.—(1) Subject to sub-paragraph (3), any payment of £5,000 or more which has been made to rectify, or to compensate for, an official error relating to a relevant benefit and has been received by the claimant in full on or after the day on which he became entitled to benefit under these Regulations or the Housing Benefit Regulations 2006.

(2) Subject to sub-paragraph (3), the total amount of any payments disregarded under—

(a)paragraph 7(2) of Schedule 10 to the Income Support Regulations(61);

(b)paragraph 12(2) of Schedule 8 to the Jobseeker’s Allowance Regulations(62);

(c)paragraph 9(2) of Schedule 5 to the Housing Benefit Regulations 2006;

(d)paragraph 20A of Schedule 5 to the State Pension Credit Regulations 2002(63),

where the award in respect of which the payments last fell to be disregarded under those Regulations either terminated immediately before the relevant date or is still in existence at that date.

(3) Any disregard which applies under sub-paragraph (1) or (2) shall have effect until the award comes to an end.

(4) In this paragraph—

• “the award”, except in sub-paragraph (2), means—

  (a)

  the award of benefit under these Regulations during which the relevant sum or, where it is paid in more than one instalment, the first instalment of that sum is received; and

  (b)

  where that award is followed by one or more further awards which, or each of which, begins immediately after the previous award ends, such further awards until the end of the last such award, provided that, for such further awards, the claimant—

  (i)

  is the person who received the relevant sum;

  (ii)

  is the partner of that person; or

  (iii)

  was the partner of that person at the date of his death;

• “official error”—

  (a)

  where the error relates to housing benefit or council tax benefit, has the meaning given by regulation 1(2) of the Decisions and Appeals Regulations(64);

  (b)

  where the error relates to any other relevant benefit, has the meaning given by regulation 1(3) of the Social Security and Child Support (Decisions and Appeals) Regulations 1999(65);

• “the relevant date” means—

  (a)

  in the case of an existing award of benefit under these Regulations or the Housing Benefit Regulations 2006, 6th October 2003; and

  (b)

  in any other case, the date on which the claim for benefit under these Regulations or the Housing Benefit Regulations 2006 was made;

• “relevant benefit” means any benefit specified in paragraph 21(2); and

• “the relevant sum” means the payment referred to in sub-paragraph (1) or the total amount referred to in sub-paragraph (2).

23.  Where a capital asset is held in a currency other than Sterling, any banking charge or commission payable in converting that capital into Sterling.

24.  The value of the right to receive income from an occupational pension scheme or a personal pension scheme.

25.  The value of a right to receive income under a retirement annuity contract.

26.  The dwelling occupied as the home; but only one dwelling shall be disregarded under this paragraph.

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

27.  The value of the right to receive any income under a life interest or from a life rent.

28.  The value of the right to receive any rent except where the claimant has a reversionary interest in the property in respect of which rent is due.

29.  The value of the right to receive any income under an annuity or the surrender value (if any) of such an annuity.

30.  Where property is held under a trust, other than—

(a)a charitable trust within the meaning of the Charities Act 1993(66); or

(b)a trust set up with any payment to which paragraph 16 of this Schedule applies,

and under the terms of the trust, payments fall to be made, or the trustees have a discretion to make payments, to or for the benefit of the claimant or the claimant’s partner, or both, that property.

Regulation 53

SCHEDULE 7Extended payments (severe disablement allowance and incapacity benefit) of housing benefit

Condition for an extended payment (severe disablement allowance and incapacity benefit)

1.  The condition prescribed in this paragraph is that the claimant or the claimant’s partner—

(a)notifies either the designated office or an appropriate DWP office that he or his partner—

(i)has commenced, or is about to commence, remunerative work;

(ii)has commenced, or is about to commence, receiving remuneration for work or an increased amount of remuneration for work; or

(iii)has commenced, or is about to commence, an increased number of hours of work,

so that entitlement to severe disablement allowance or incapacity benefit ceases and that work, or as the case may be, remuneration, is expected to last 5 weeks or more; and

(b)the notification is made no later than 4 weeks after the day on which the claimant or his partner first undertakes the remunerative work referred to in sub-paragraph (a)(i), first receives remuneration for the work or an increased amount of remuneration for the work referred to in sub-paragraph (a)(ii), or first commences the increased number of hours of work referred to in sub-paragraph (a)(iii).

Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)

2.—(1) Subject to the following provisions of this paragraph and except in the case of a mover, the amount of the extended payment (severe disablement allowance and incapacity benefit) shall be equal to the amount of housing benefit which was payable to the claimant for the last benefit week before he ceased to be entitled to housing benefit.

(2) In a case where the last benefit week referred to in sub-paragraph (1) fell, in whole or in part, within a rent free period, the last benefit week for the purposes of that sub-paragraph shall be taken to be the last benefit week that did not fall within a rent free period.

(3) Where the last benefit week before he ceased to be entitled to housing benefit was a week in which the claimant’s eligible rent was calculated in accordance with regulation 61(4)(c) (claimant ceases to occupy the dwelling as his home), sub-paragraph (1) shall have effect as if the reference to the last benefit week before he ceased to be entitled to housing benefit was a reference to the week before that week.

(4) Subject to paragraph (5), the extended payment (severe disablement allowance and incapacity benefit) shall be payable for each of the weeks in the period specified in regulation 53(6)(a), and shall be paid at such time and in such manner as is appropriate, having regard to—

(a)the times at which and the frequency with which a person’s liability to make payment of rent arises; and

(b)the reasonable needs and convenience of the person entitled thereto.

(5) No extended payment (severe disablement allowance and incapacity benefit) shall be payable for a week which is a rent free period for the purposes of regulation 62(1) (rent free periods).

Movers

3.  Paragraphs 4 to 6 below apply to movers from—

(a)the day the move takes place where that day is a Monday; or

(b)from the Monday following the day the move takes place where that day is not a Monday.

Movers and rent allowances.

4.—(1) Subject to sub-paragraph (2), in the case of a mover whose housing benefit was in the form of a rent allowance, the authority which, prior to the mover ceasing to be entitled to housing benefit, was paying that allowance, shall make an extended payment (severe disablement allowance and incapacity benefit) to that mover calculated on the same basis as in paragraph 2, and, for these purposes, the mover shall be treated as continuing to occupy and be liable to make payments in respect of the dwelling he was occupying as his home immediately before he ceased to be entitled to housing benefit.

(2) Notwithstanding sub-paragraph (1), in a case where that mover’s liability to make payments in respect of the second dwelling would be to a housing authority, any extended payment (severe disablement allowance and incapacity benefit) shall be made by that housing authority and shall be determined as provided in paragraph 6(b).

Movers and rent rebates

5.  Where, in the case of a mover—

(a)his housing benefit was in the form of a rent rebate; and

(b)he claims an extended payment (severe disablement allowance and incapacity benefit),

the authority in which the second dwelling is situated, or as the case may be, where the mover’s liability to make payments in respect of the second dwelling is to a housing authority, that housing authority, shall upon receiving the mover’s claim for an extended payment (severe disablement allowance and incapacity benefit), which meets the requirements of regulation 53(1), make an extended payment (severe disablement allowance and incapacity benefit), calculated in accordance with paragraph 6, to that mover.

Movers and extended payments (severe disablement allowance and incapacity benefit)

6.  In a case to which paragraph 4(2) or 5 applies and where a mover’s liability referred to in that paragraph is—

(a)other than to a housing authority, the extended payment (severe disablement allowance and incapacity benefit) shall be a payment by way of rent allowance calculated in accordance with paragraph 2;

(b)to a housing authority, the extended payment (severe disablement allowance and incapacity benefit) shall be by way of a rent rebate to the value of the lesser of—

(i)such part of the rent in respect of the period specified in regulation 53(6)(a) as is eligible for housing benefit, calculated in accordance with regulations 11 to 13, less, in a case where the rebate to which paragraph 5 refers, or the rent allowance to which paragraph 4 refers, as the case may be, was subject to any deductions in respect of non-dependants pursuant to regulations 50 and 55, the amount of those deductions; or

(ii)the amount of extended payment (severe disablement allowance and incapacity benefit) calculated in accordance with paragraph 2.

Maximum housing benefit

7.  The maximum housing benefit of a mover the amount of whose extended payment (severe disablement allowance and incapacity benefit) is calculated in accordance with paragraph 6(b)(i) shall be calculated in accordance with regulation 50, save that no deduction shall be made in respect of non-dependants, other than any that fall to be taken into account pursuant to paragraph 6(b)(i).

Movers with two homes

8.  Subject to paragraph 9, any extended payment (severe disablement allowance and incapacity benefit) shall be without prejudice to any entitlement the claimant may have pursuant to regulation 7(6) (liability to make payments in respect of two homes).

Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)

9.  Where for any week—

(a)a person is entitled to an extended payment (severe disablement allowance and incapacity benefit); and

(b)he also claims and is awarded housing benefit,

then the amount of the housing benefit payable in respect of that week shall be reduced by a sum equal to the amount of the extended payment (severe disablement allowance and incapacity benefit) and only the balance, if any, shall be payable to him for that week.

Interpretation

10.  In this Schedule—

“claimant” means a person claiming an extended payment (severe disablement allowance and incapacity benefit);

“mover” means a claimant who changes the dwelling which he occupies as his home in respect of which he is liable or treated as liable to make payments;

“second dwelling” means the dwelling to which a person has moved, or is about to move, which he is or will be occupying as his new home, and where the liability to make payments of rent in respect of his dwelling follows on immediately from the liability to make payments of rent in respect of his previous dwelling.

Regulation 71

SCHEDULE 8Matters to be included in decision notice

PART 1General

1.  The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 71 (notification of decisions) and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule.

2.  Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 71(2) (requests for statement of reasons) and the manner and time in which to do so.

3.  Every decision notice shall include a statement as to the right of any person affected by that decision to make an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations(67) and, where appropriate, to appeal against that decision and the manner and time in which to do so.

4.  Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall include a statement as to whether the original decision in respect of which the person made his representations has been confirmed or revised and where the relevant authority has not revised the decision the reasons why not.

5.  Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so.

6.  An authority may include in the decision notice 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 2, 3 and 6 of this Schedule shall apply only to the decision notice given on a claim.

8.  Where a decision notice is given following a revision of an earlier decision—

(a)made of the authority’s own motion which results in a revision of that earlier decision; or

(b)made following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations, whether or not resulting in a revision of that earlier decision,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters revised.

PART 2Awards where state pension credit is payable

9.—(1) Where a person on state pension credit is awarded housing benefit, the decision notice shall include a statement as to—

(a)his weekly eligible rent, if any; and

(b)the amount and an explanation of any deduction made under paragraph 6(2) or (3) 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

(c)the amount of and the category of non-dependant deductions made under regulation 55 (non-dependant deductions), if any; and

(d)the normal weekly amount of rent allowance, or rent rebate as the case may be, to which he is entitled; and

(e)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

(f)the first day of entitlement to an allowance or rebate; and

(g)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 69 (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.

(2) In a case where a person on state pension credit has entitlement only to the savings credit, the following additional matters shall also be set out—

(a)the applicable amount and the basis of calculation;

(b)the amount of the savings credit and any child tax credit or child benefit taken into account;

(c)the amount of the person’s income and capital as notified to the local authority by the Secretary of State and taken into account for the purposes of the housing benefit assessment;

(d)any modification of the claimant’s income or capital made in accordance with regulation 27 (calculation of claimant’s income in savings credit only cases); and

(e)the amount of the claimant’s capital if paragraph (7) of regulation 27 applies in his case.

PART 3Awards where no state pension credit is payable

10.  Where a person is not on state pension credit but is awarded housing benefit, the decision notice 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.

PART 4Awards where direct payments made to landlords

11.  Where a decision has been made under regulation 76 or 77 (circumstances in which payment is to be made, or may be made, direct to a landlord), the decision notice shall include a statement—

(a)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 paid; and

(b)informing the landlord of the duty imposed upon him to notify the local authority of—

(i)any change in circumstances which might affect the claimant’s entitlement to housing benefit, or the amount of housing benefit payable in his case; and

(ii)the kind of change of circumstances which is to be notified,

and the notice shall be sent both to the claimant and to the landlord; and

(c)informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered.

12.  In this Schedule, “landlord” has the same meaning as in regulation 76.

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

13.  Where an authority makes a decision under regulation 24 (circumstances in which income of non-dependant is to be treated as claimant's) the decision notice shall contain a statement as to—

(a)the fact that a decision has been made by reference to the income and capital of the claimant’s non-dependant; and

(b)the relevant authority’s reasons for making that decision.

PART 6Notice where no award is made

14.  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 56, the decision notice shall include a statement as to—

(i)the matters set out in paragraphs 9(1)(a) to (c), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(1)(d) also; and

(ii)the matters set out in paragraphs 10(b) to (d) where the person is not on income support or an income-based jobseeker’s allowance; 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 decision notice shall include a statement as to the reason why no award has been made.

PART 7Notice where recoverable overpayment

15.—(1) Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 81 (recoverable overpayments), the decision notice 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; and

(f)where recovery of the recoverable overpayment is to be made by deduction from a rent allowance or rebate, as the case may be, that fact and the amount of the deduction.

(2) In a case where it is—

(a)determined that there is a recoverable overpayment;

(b)determined that that overpayment is recoverable from a landlord; and

(c)decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

the decision notice sent to that landlord shall identify both—

(i)the person on whose behalf the recoverable amount was paid to that landlord; and

(ii)claimant A.

Regulation 103

SCHEDULE 9Pathfinder authorities

PART 1Commencement date in relation to each pathfinder authority

PART 2Application of the Regulations

1.  These Regulations shall apply to pathfinder authorities subject to the provisions of this Part of this Schedule.

2.  In regulation 2(1) (interpretation), at the appropriate places, insert—

““amended determination” means a determination made in accordance with article 7A of the Rent Officers Order(68);

“broad rental market area” has the meaning specified in paragraph 4 of Part 1 of Schedule 3A to the Rent Officers Order(69);

“broad rental market area determination” means a determination made in accordance with article 4B(1) of the Rent Officers Order(70);

“commencement date” means in relation to a pathfinder authority specified in Part 1 of Schedule 9, the date specified in that Part in relation to that authority;

“local housing allowance” means an allowance determined in accordance with paragraph 2 or 3 of Part 1 of Schedule 3A to the Rent Officers Order;

“local housing allowance determination” means a determination made in accordance with article 4B(2) of the Rent Officers Order;

“maximum rent (standard local rate)” means the amount determined in accordance with regulation 13A;

“pathfinder authority” means a relevant authority specified in Part 1 of Schedule 9;

“relevant date” means, as the case may require—

Amendment of regulation 11

3.  In regulation 11(1) (eligible housing costs), for the words “regulations 12(3),” to the end of the paragraph substitute “regulations 12 and 13 or regulations 12 and 13A, whichever is applicable in his case.”.

Insertion of regulation 11A

4.  After regulation 11 (eligible housing costs), insert the following regulation—

“Cases where maximum housing benefit expires

11A.  A maximum housing benefit shall not have effect for any benefit week which begins on or after the day which is the first anniversary of the day by reference to which the local housing allowance most recently applicable for the purpose of determining that maximum housing benefit in accordance with regulation 12A(1) to (9) was identified.”.

Amendment of regulation 12

5.  In regulation 12(3)(b), after the words “except where sub-paragraph (a)”, insert “or regulation 12A(1), (3) or (4)”.

Insert regulation 12A

6.  After regulation 12 (rent), insert the following regulation—

“Eligible rent and the maximum rent (standard local rate)

12A.—(1) Where, by virtue of paragraph (1) of regulation 13A, a maximum rent (standard local rate) has been, or falls to be, determined in accordance with that regulation, then, except where paragraph (3)(a)(ii), (b)(ii) or (c)(ii), (4)(a) or (6)(a) applies—

(a)the amount of a person’s eligible rent shall be the maximum rent (standard local rate); and

(b)it shall apply until the earlier of—

(i)the determination of a maximum rent (standard local rate) by virtue of regulation 13A(1)(b)(iv); or

(ii)the determination of a maximum rent (standard local rate) which relates to the local housing allowance applicable to the case on the first anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the eligible rent in sub-paragraph (a), was identified.

(2) This paragraph applies where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 13A(1)(a) or (b)(i), (ii) or (iii)(aa) or (c) and the claimant has been continuously entitled to and in receipt of housing benefit in respect of the dwelling he occupies as his home for a period which includes the commencement date.

(3) Where paragraph (2) applies, subject to paragraph (9)—

(a)except where sub-paragraph (b) or (c) applies, the amount of a person’s eligible rent shall be—

(i)the eligible rent determined in accordance with paragraph (1) where that is not less than the eligible rent which applied on the day before the relevant date; or

(ii)the eligible rent which applied on the day before the relevant date;

(b)where the eligible rent to which the person was entitled on the day before the relevant date was determined by reference to a maximum rent determined in accordance with regulation 13(11)(b), the person’s eligible rent shall be—

(i)the eligible rent determined in accordance with paragraph (1), where that is not less than the eligible rent which applied on the day before the relevant date; or

(ii)the eligible rent which applied on the day before the relevant date; or

(c)where the eligible rent to which the person was entitled on the day before the relevant date was, by virtue of regulation 13(14), determined in accordance with regulation 12(3)(b), the person’s eligible rent shall be—

(i)the eligible rent determined in accordance with paragraph (1), where that is not less than the eligible rent which applied on the day before the relevant date; or

(ii)the eligible rent which applied on the day before the relevant date.

(4) Subject to paragraph (9), where the pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 13A(1)(b)(i), (ii) or (iv)(aa) to (cc) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any person to whom any of sub-paragraphs (b) to (d) of paragraph (8) applied or, had a claim been made, would have applied, the eligible rent shall be—

(a)either—

(i)the eligible rent which applied on the day before the death occurred; or

(ii)in a case where there was no eligible rent, subject to regulation 12(4) and (7), the reckonable rent due on that day; or

(b)the eligible rent determined in accordance with paragraph (1), where it is not less than the eligible rent determined in accordance with sub-paragraph (a).

(5) For the purpose of paragraph (4), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose that paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.

(6) Subject to paragraphs (7) and (9), where a pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of regulation 13A(1)(b)(i) or (ii) and the pathfinder authority is satisfied that a person to whom paragraph (8) applies was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be—

(a)an eligible rent determined in accordance with regulation 12(3)(b); or

(b)the eligible rent determined in accordance with paragraph (1), where it is not less than the eligible rent referred to in sub-paragraph (a).

(7) Paragraph (6) shall not apply in the case of any claim for housing benefit where the claimant was previously entitled to housing benefit in respect of any period which ended less than 52 weeks before the commencement of the period to which the claim relates.

(8) This paragraph applies to the following persons—

(a)the claimant;

(b)any member of his family;

(c)if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;

(d)any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it.

(9) Where a person’s eligible rent has been determined in accordance with—

(a)paragraph (3)(a)(ii), it shall continue to apply until such time as the pathfinder authority determines an eligible rent—

(i)in accordance with paragraph (1) which is equal to or exceeds it or is based on a maximum rent (standard local rate) determined by virtue of regulation 13A(1)(b)(iv)(dd); or

(ii)where the maximum rent (standard local rate) on which it is based relates to the local housing allowance applicable to the case on the anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the eligible rent in paragraph (3)(a)(i) was identified, which is equal to or exceeds it,

whichever first occurs;

(b)paragraph (3)(b)(ii), and—

(i)the pathfinder authority determined a maximum rent (standard local rate) following receipt of a notification of change relating to a rent allowance that falls within paragraph 2(3)(a) of Schedule 2 as a result of the death of one of the occupiers to whom any of sub-paragraphs (b) to (d) of regulation 13(16) applied, it shall continue to apply until—

(aa)the period of 12 months from the date of death has expired; or

(bb)the pathfinder authority determines an eligible rent in accordance with paragraph (1) which is equal to or exceeds it or is based on a maximum rent (standard local rate) determined by virtue of regulation 13A(1)(b)(iv)(dd),

whichever first occurs; or

(ii)in any other case, it shall continue to apply until—

(aa)the date on which the eligible rent which applied on the day before the relevant date would have ceased to apply; or

(bb)the pathfinder authority determines an eligible rent in accordance with paragraph (1) which is equal to or exceeds it or is based on a maximum rent (standard local rate) determined by virtue of regulation 13A(1)(b)(iv)(dd),

whichever first occurs;

(c)paragraph (3)(c)(ii), it shall continue to apply until—

(i)the date on which the eligible rent which applied on the day before the relevant date would have ceased to apply; or

(ii)the pathfinder authority determines an eligible rent in accordance with paragraph (1) which is equal to or exceeds it or is based on a maximum rent (standard local rate) determined by virtue of regulation 13A(1)(b)(iv)(dd),

whichever first occurs;

(d)paragraph (4)(a), it shall continue to apply until—

(i)the period of 12 months from the date of death has expired; or

(ii)the pathfinder authority determines an eligible rent in accordance with paragraph (1) which is equal to or exceeds it or is based on a maximum rent (standard local rate) determined by virtue of regulation 13A(1)(b)(iv)(dd),

whichever first occurs;

(e)paragraph (6)(a), it shall continue to apply until—

(i)the first 13 weeks of the claimant’s award of housing benefit have expired; or

(ii)the pathfinder authority determines an eligible rent in accordance with paragraph (1) which is equal to or exceeds it or is based on a maximum rent (standard local rate) determined by virtue of regulation 13A(1)(b)(iv)(dd),

whichever first occurs; and

(f)paragraph (1)(b)(ii), or sub-paragraph (a)(ii) or this sub-paragraph, that eligible rent (“the earlier eligible rent”) shall continue to apply until—

(i)the determination of a maximum rent (standard local rate) by virtue of regulation 13A(1)(b)(iv); or

(ii)the determination of an eligible rent where the maximum rent (standard local rate) on which it is based relates to the local housing allowance applicable to the case on the first anniversary of the day by reference to which the local housing allowance which was applicable for the purpose of determining the earlier eligible rent was identified,

whichever first occurs.

(10) Where an eligible rent ceases to apply by virtue of sub-paragraph (b)(i)(aa), (b)(ii)(aa), (c)(i), (d)(i) or (e)(i) of paragraph (9), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(b)(ii), (3)(c)(ii), (4)(a) and (6)(a).

(11) In paragraph (4) “reckonable rent” has the same meaning as in regulation 13.”.

Insertion of regulation 13A and 13B

7.  After regulation 13 (maximum rent) insert the following regulations—

“Maximum rent (standard local rate)

13A.—(1) Subject to paragraph (2), where—

(a)the relevant authority is a pathfinder authority specified in Part 1 of Schedule 9 and it is the commencement date for that pathfinder authority; or

(b)a pathfinder authority has received—

(i)a claim on which a rent allowance may be awarded, where the date of claim falls on or after the commencement date;

(ii)relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after the commencement date;

(iii)in relation to an award of housing benefit where the maximum rent was determined in accordance with regulation 13—

(aa)a notification of a change relating to a rent allowance where the change occurs on or after the commencement date; or

(bb)a notification of a change of dwelling where the change occurs on or after 9th April 2004; or

(iv)in relation to an award of housing benefit where a maximum rent (standard local rate) was determined in accordance with this regulation—

(aa)notification of a change of a kind which affects the category of dwelling applicable to the claim;

(bb)notification of the death of an occupier of the dwelling to whom any of sub-paragraphs (b) to (d) of regulation 12A(8) applies, where the notification does not fall within sub-head (aa);

(cc)notification that there has been a rent increase under a term of the tenancy to which the claim relates and the term under which that increase was made was either included in the tenancy at the date of the claim or is a term substantially the same as such a term; or

(dd)notification of a change of dwelling; or

(c)a pathfinder authority is required to apply to a rent officer for a determination in accordance with regulation 14(1)(f) or (g),

the pathfinder authority shall determine a maximum rent (standard local rate) in accordance with paragraphs (3) to (8).

(2) Paragraph (1) shall not apply in a case where—

(a)the landlord is a registered social landlord;

(b)paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations applies;

(c)the tenancy is an excluded tenancy of a type falling within any of paragraphs 4 to 10 of Schedule 2;

(d)the claim or award relates to—

(i)periodical payments of a kind falling within regulation 12(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home; or

(ii)rent payable in relation to a hostel; or

(e)rent under the tenancy is attributable to board and attendance, and—

(i)the pathfinder authority has made an application to the rent officer in accordance with paragraph (6), regulation 15 or 17; and

(ii)the rent officer has determined that a substantial part of the rent under the tenancy is fairly attributable to board and attendance and has notified the pathfinder authority of this in accordance with article 4C, 4D or 4E of the Rent Officers Order(71).

(3) The maximum rent (standard local rate) shall be the local housing allowance determined by the rent officer which is applicable to—

(a)the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

(b)the category of dwelling—

(i)specified in paragraph 1(1)(a) of Part 1 of Schedule 3A to the Rent Officers Order where—

(aa)the claimant is a young individual who has no non-dependant residing with him and to whom paragraph 6 of Schedule 3 (severe disability premium) does not apply; or

(bb)the category of dwelling specified in paragraph 1(1)(b) of Part 1 of Schedule 3A to the Rent Officers Order would apply in the claimant’s case but neither requirement in head (ii)(aa) or (bb) is satisfied in his case;

(ii)specified in paragraph 1(1)(b) of Part 1 of Schedule 3A to the Rent Officers Order where that applies in the claimant’s case at the relevant date in accordance with the size criteria and he is not a person to whom head (i)(aa) applies and where—

(aa)the claimant (together with his partner where he has one) has the exclusive use of two or more rooms; or

(bb)the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking;

(iii)in any other case, which applies in the claimant’s case at the relevant date in accordance with the size criteria.

(4) Where no local housing allowance applicable to a claim or award of housing benefit falling within paragraph (3)(b)(iii) has been determined, the pathfinder authority shall—

(a)apply to the rent officer for local housing allowance determinations for the category of dwelling applicable to the claim or award of housing benefit for each broad rental market area falling within its area, in whole or in part, at the relevant date, which shall be specified in the application; and

(b)apply the local housing allowance so determined for the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date.

(5) Where—

(a)a pathfinder authority receives a request on a properly completed form approved for the purpose by the pathfinder authority from a person stating that he is contemplating occupying as his home a dwelling containing a specified number of rooms, exceeding six, within the area of the pathfinder authority and that, if he does so, he is likely to claim housing benefit; and

(b)no local housing allowance determination is in effect for a broad rental market area, falling within, in whole or in part, the area of the pathfinder authority for the category of dwelling containing the number of rooms specified in the form,

the pathfinder authority shall apply to the rent officer for local housing allowance determinations for each broad rental market area for the category of dwelling containing the number of rooms specified in the form.

(6) In a case where—

(a)the pathfinder authority is required to determine a maximum rent (standard local rate) by virtue of paragraph (1); and

(b)part of the rent under the tenancy appears to the pathfinder authority to be likely to be attributable to board and attendance,

the pathfinder authority shall apply to the rent officer for a board and attendance determination to be made in accordance with article 4C of the Rent Officers Order.

(7) Where an application to a rent officer is required in accordance with paragraph (6)—

(a)it shall contain—

(i)a statement that the application is made in accordance with paragraph (6); and

(ii)such other statements, information and notifications as would be required were the application to be made in accordance with regulation 14(1); and

(b)it shall be made within the same period following the day on which the pathfinder authority becomes obliged to determine a maximum rent (standard local rate) by virtue of paragraph (1) as would be required if it were to be made under regulation 14(1).

(8) Where the maximum rent (standard local rate) exceeds the rent, the claimant shall be treated as liable to make payments in respect of the dwelling of an amount equal to the amount by which the maximum rent (standard local rate) exceeds the rent, except for the purposes of calculating any amount by which a rent allowance exceeds the amount which a claimant is liable to pay his landlord as rent, or rent and any arrears of rent, in accordance with regulation 76(2A).

(9) In this regulation—

“change of dwelling” has the same meaning as in regulation 14;

“change relating to a rent allowance” has the same meaning as in regulation 14;

“occupiers” means the persons whom the pathfinder authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household;

“registered social landlord” has the same meaning as in Part 1 of the Housing Act 1996(72) and, in Scotland, sections 57 and 59 of the Housing (Scotland) Act 2001(73);

“room” has the meaning specified in paragraph 1(2) of Part 1 of Schedule 3A to the Rent Officers Order;

“size criteria” has the meaning specified in article 2 of the Rent Officers Order except that the word “occupier” is to be construed in accordance with the definition of “occupiers” in this paragraph.

Publication of local housing allowances

13B.  A pathfinder authority shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas falling in whole or in part within its area, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the authority.”.

Amendment of regulation 14

8.  In regulation 14 (requirement to refer to rent officers) after paragraph (5), insert the following paragraphs—

“(5A) An application shall not be required under paragraph (1)(a), (b), (c), (d) or (e) where the claim, relevant information, notification or request is received by a pathfinder authority, unless it is—

(a)a claim, relevant information or notification to which any of the circumstances specified in regulation 13A(2)(a) to (e) apply; or

(b)a request, and any of the circumstances in regulation 13A(2)(a) to (d) would apply were a claim to be made by the prospective occupier in relation to the dwelling which is the subject of the request,

and a referral would fall to be made were the claim, relevant information, notification or request made to a relevant authority which is not a pathfinder authority.

(5B) An application shall not be required in accordance with paragraph (1)(f) or (g) unless—

(a)it is a case to which regulation 13A(2) applies; and

(b)a referral would fall to be made were the relevant authority not a pathfinder authority.”.

Amendment of regulation 15

9.  In regulation 15(1)(a) (applications to the rent officers for redeterminations) after the words “reference made under” insert “regulation 13A(6) or”.

Amendment of regulation 16

10.  In regulation 16 (application for redetermination by rent officer)—

(a)in paragraph (1)(b) after the words “the Housing Act functions” insert the words “except for functions relating to broad rental market area determinations and local housing allowance determinations or amended determinations”;

(b)in paragraphs (3) and (4)(b) after the words “application under regulation” insert the words “13A(6) or”;

(c)in paragraph (5) after the words “the Housing Act functions” insert the words “(except for those relating to broad rental market area determinations and local housing allowance determinations or amended determinations)”.

Amendment of regulation 17

11.  In regulation 17 (substitute determinations or substitute redeterminations)—

(a)in paragraph (1)(b)—

(i)for the words “article 7A” substitute the words “article 7A(1) or (2)”; and

(ii)for the words “or substitute redetermination” substitute “, substitute redetermination, substitute board and attendance determination or substitute board and attendance redetermination”; and

(b)in paragraph (2) for the words “or substitute redetermination” substitute “, substitute redetermination, board and attendance redetermination, substitute board and attendance determination or substitute board and attendance redetermination”.

Insertion of regulation 18A

12.  After regulation 18 (application of provisions to substitute determinations or substitute redeterminations) insert the following regulation—

“Amended determinations

18A.  Where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination by a rent officer and that amended determination has led to—

(a)a reduction in the maximum rent (standard local rate) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant; and

(b)an increase in the maximum rent (standard local rate) applicable to a claimant, the amended determination shall have effect in place of the original determination.”.

Amendment of regulations 76 and 77

13.—(1) In regulation 76 (circumstances in which payment is to be made to a landlord) after paragraph (2) insert the following paragraph—

“(2A) In a case where—

(a)a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 13A(1); and

(b)the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 77 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.”.

(2) In regulation 77 (circumstances in which payment may be made to a landlord)—

(a)in paragraph (1) for the words “paragraph (3)” substitute the words “paragraphs (3) and (3A)”;

(b)in sub-paragraph (a) of paragraph (3) after the words “paragraph (1)” insert the words “or (3A)”;

(c)after paragraph (3) insert the following paragraph—

“(3A) In a case where a pathfinder authority has determined a maximum rent (standard local rate) in accordance with regulation 13A—

(a)sub-paragraphs (a) and (b) of paragraph (1) shall not apply; and

(b)payment of a rent allowance to a person’s landlord may be made where—

(i)the eligible rent was determined by reference to a maximum rent (standard local rate) which was determined by virtue of regulation 13A(1)(a) and—

(aa)the maximum rent (standard local rate) was determined less than six months previously;

(bb)no subsequent maximum rent (standard local rate) has been determined in accordance with regulation 13A(1); and

(cc)the claimant has, since the date the maximum rent (standard local rate) was determined, been continuously entitled to, and in receipt of, housing benefit in relation to the dwelling he occupied as his home at that date;

(ii)the pathfinder authority considers that the claimant is likely to have difficulty in managing his affairs;

(iii)the pathfinder authority considers that it is improbable that the claimant will pay his rent; or

(iv)a direct payment has previously been made by the pathfinder authority to the landlord in accordance with regulation 76 in respect of the current award of housing benefit.”.