Northern Ireland Statutory Rule
2006
United Kingdom
The Housing Benefit Regulations (Northern Ireland) 2006
At a glance
What's here
2 compliance obligations
Who this Act binds
Plus 1 non-business duty on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 270 other Schedules — structural / supplementary
Amount ineligible for meals
Amount of ineligible charges
Excessive service costs
A service charge for fuel except a charge in respect...
(1) Where a charge is ineligible to be met by...
(1) Where rent is payable other than weekly, any amount...
In this Schedule— “communal areas” means any area (other than...
Significantly high rents
One bedroom or room suitable for living in shall be...
One additional bedroom is allowed where on the application for...
Two additional bedrooms are allowed where sub-paragraphs (a) and (b)...
The number of rooms (excluding any allowed under paragraph 10)...
Houseboats
Mobile homes
Rental purchase agreements
In this Schedule— “uncontrolled tenancy” means a tenancy which is...
Size and rent
Exceptionally high rents
Local reference rents
Single room rents
Claim-related rent
Ineligible charges and support charges
Housing associations etc.
(1) The Executive shall decide the indicative rent level for...
An excluded tenancy is any tenancy to which any of...
(1) Subject to the following sub-paragraphs, where the Executive has...
This paragraph applies where the landlord is a registered housing...
This paragraph applies to a tenancy which is a controlled...
(1) Subject to sub-paragraphs (2) and (3) this paragraph applies...
In this Schedule expressions have the same meaning as in...
Pensioner premium for persons 75 and over
Higher pensioner premium
Disability premium
Additional condition for the disability premium
Severe disability premium
Enhanced disability premium
Disabled child premium
Carer premium
Persons in receipt of concessionary payments
Person in receipt of benefit
For the purposes of paragraph 1 a claimant is entitled...
(1) Subject to paragraph 22, the claimant is entitled to...
Subject to paragraph 22, the claimant is entitled to one,...
(1) The claimant has no entitlement under paragraph ... 24...
The work-related activity component
The support component
The amount of the work-related activity component is £29∙05.
The amount of the support component is £50.35 .
(1) The claimant is entitled to the transitional addition calculated...
(1) This paragraph applies where— (a) the claimant’s entitlement to...
(1) This paragraph applies where— (a) the claimant’s entitlement to...
(1) Subject to paragraph 31, the amount of the transitional...
(1) Subject to sub-paragraph (2), where there is a change...
In the case of a claimant who has been engaged...
In a case to which none of the paragraphs 3...
(1) Where— (a) the claimant (or if the claimant is...
Any amount or the balance of any amount which would...
Where a claimant is on universal credit, income support ,...
Any earnings derived from employment which are payable in a...
Where a payment of earnings is made in a currency...
Any earnings of a child or young person.
In this Schedule “part-time employment” means employment in which the...
(1) In a case where the claimant is a person...
In the case of a claimant who, before the first...
In the case of a claimant who has been engaged...
(1) In a case to which this paragraph applies and...
In a case where the claimant is a lone parent,...
(1) In a case to which neither paragraph 3 nor...
Where the carer premium is awarded in respect of a...
In a case where paragraphs 3, 5, 6 and 8...
(1) In a case where paragraphs 3, 4, 5 and...
Where the claimant is engaged in one or more employments...
Any amount paid by way of tax on income which...
Any attendance allowance.
Any payment to the claimant as holder of the Victoria...
(1) Any payment by way of an education maintenance allowance...
(1) Any payment made pursuant to section 1 or 3...
(1) Subject to sub-paragraph (2), any of the following payments—...
Any of the following, namely— (a) a war disablement pension;...
subject to paragraph 35, £10 of a pension paid by...
Subject to paragraph 35, £15 of any—
(1) Any income derived from capital to which the claimant...
Where a claimant receives income under an annuity purchased with...
Any payment in respect of any expenses incurred or to...
Where the claimant makes a parental contribution in respect of...
(1) Where the claimant is the parent of a student...
Any payment made to the claimant by a child or...
Where the claimant occupies a dwelling as his home and...
(1) Any income in kind, except where regulation 37(8)(b) applies....
Any income which is payable in a country outside the...
(1) Any payment made to the claimant in respect of...
Any payment made by— (a) an authority, as defined in...
Any payment made to the claimant or his partner for...
Any payment made by an authority, as defined in Article...
(1) Subject to sub-paragraph (2), any payment (or part of...
Any payment in respect of expenses arising out of the...
In the case of employment as an employed earner, any...
(1) Subject to sub-paragraph (2), any payment received under an...
Any payment of income which by virtue of regulation 43...
Any social fund payment made pursuant to Part VIII of...
Any local welfare provision.
Any payment under Part X of the Act (Christmas bonus...
Where a payment of income is made in a currency...
The total of a claimant’s income or, if he is...
Any payment made under the legislation of, or under a...
(1) Any payment made under or by the Macfarlane Trust,...
Any payment made under arrangements made by the Department to...
Any payment made under arrangements made by the Department to...
Where a claimant is on universal credit, income support ,...
Any resettlement benefit paid to the claimant by virtue of...
Any payment to a juror or witness in respect of...
Any community charge benefit.
Any payment in consequence of a reduction of council tax...
(1) Where the claimant occupies a dwelling as his home...
Any special war widows payment made under—
(1) Any payment or repayment made under regulation 5, 6...
Any payment made to such persons entitled to receive benefits...
Any payment made under a scheme established by the Northern...
(1) Where a claimant’s family includes at least one child...
(1) Any payment of child maintenance made or derived from...
Where the claimant is a member of a joint-claim couple...
Any payment made by the Department to compensate a person...
Any payment (other than a training allowance) made, whether by...
Any guardian’s allowance.
Any council tax benefit.
(1) If the claimant is in receipt of any benefit...
Any supplementary pension under Article 23(2) of the Naval, Military...
In the case of a pension awarded at the supplementary...
(1) Any payment which is— (a) made under any of...
Except in a case which falls under sub-paragraph (1) of...
Any payment made under regulations made under section 8 of...
In the case of housing benefit which was in the...
(1) Subject to sub-paragraph (2), in respect of a person...
(1) Any payment of a sports award except to the...
Any discretionary housing payment paid pursuant to regulation 2(1) of...
Any payment made by the Executive to or on behalf...
(1) £1.20 in relation to each week in which child...
Any payment of child benefit.
Any bereavement support payment under section 29 of the Pensions...
Any early years assistance given in accordance with section 32...
Any payment of carer’s allowance supplement made under section 81...
Any funeral expense assistance given in accordance with section 34...
Any disability assistance given in accordance with regulations made under...
Any armed forces independence payment , disability living allowance or...
Any short-term assistance given in accordance with regulations made under...
Any amount of carer support payment that is in excess...
Any Scottish carer supplement given in accordance with the Carer’s...
Any carer additional person payment given in accordance with the...
Any concessionary payment made to compensate for the non-payment of—...
Any mobility supplement under article 20 of the Naval, Military...
Any payment made to the claimant in respect of any...
The dwelling occupied as the home but, notwithstanding regulation 22,...
Any sum— (a) paid to the claimant in consequence of...
Any sum— (a) deposited with a housing association as a...
Any personal possessions except those which have been acquired by...
The value of the right to receive any income under...
Any ex-gratia payment made to a qualifying Equitable Life annuitant...
Where the funds of a trust are derived from a...
(1) Any payment made to the claimant or the claimant’s...
The value of the right to receive any income under...
The value of the right to receive any income which...
The surrender value of any policy of life insurance.
Where any payment of capital falls to be made by...
Any premises or land acquired for occupation by the claimant...
Any payment made by an authority, as defined in Article...
(1) Subject to sub-paragraph (2), any payment (or part of...
Any social fund payment made pursuant to Part VIII of...
Any local welfare provision.
Any refund of tax which falls to be deducted under...
Any capital which by virtue of regulation 38 or 61...
Where any payment of capital is made in a currency...
(1) Any payment made under or by the Macfarlane Trust,...
Where a claimant has ceased to occupy what was formerly...
Any premises or land where the claimant is taking reasonable...
Any premises which the claimant intends to occupy as his...
Any premises which the claimant intends to occupy as his...
Any sum directly attributable to the proceeds of sale of—...
Any payment made under arrangements made by the Department to...
Any payment made under arrangements made by the Department to...
The value of the right to receive an occupational or...
The value of any funds held under a personal pension...
The value of the right to receive any rent except...
Any payment in kind which is a Grenfell Tower payment...
Any payment made pursuant to section 1 of the 1950...
Any community charge benefit.
Any payment in consequence of a reduction of council tax...
Any grant made in Great Britain to the claimant in...
Any premises occupied in whole or in part as his...
Any arrears of supplementary pension which is disregarded under paragraph...
(1) Any payment or repayment made under regulation 5, 6...
Any payment made to such persons entitled to receive benefits...
Any payment made under Part 8A of the Act (entitlement...
Any payment made under a scheme established by the Northern...
Any payment (other than a training allowance) made, whether by...
(1) Any sum of capital to which sub-paragraph (2) applies...
Any payment to the claimant as holder of the Victoria...
The amount of any child maintenance bonus payable by way...
In the case of a person who is receiving, or...
(1) Any payment of a sports award for a period...
Where a claimant is on universal credit, income support ,...
(1) Any payment by way of an education maintenance allowance...
Where an ex-gratia payment of £10,000 has been made by...
(1) Subject to sub-paragraph (2), the amount of any trust...
The amount of any payment, other than a war pension...
Any payment made by the Executive to or on behalf...
Any payment made under regulations made under section 8 of...
Any payment made to the claimant pursuant to regulations under...
Any payment made to the claimant in accordance with regulations...
Where an ex-gratia payment has been made by the Secretary...
(1) Any bereavement support payment in respect of the rate...
Where the claimant is a member of a joint-claim couple...
Any payment made under or by a trust, established for...
Any early years assistance given in accordance with section 32...
Any funeral expense assistance given in accordance with section 34...
Any assistance given in accordance with the Carer’s Assistance (Young...
Any winter heating assistance given in accordance with regulations made...
Any future interest in property of any kind, other than...
(1) The assets of any business owned in whole or...
(1) Subject to sub-paragraph (2), any arrears of, or any...
(1) A payment made to rectify, or to compensate for,...
A payment to the person made by the Department as...
Any payment of a widowed parent’s allowance made pursuant to...
Any payment made to the claimant in respect of any...
The conditions prescribed in this paragraph are that the Department...
Movers with 2 homes
Where for any week— (a) a person is entitled to...
In this Schedule— “claimant” means a person claiming an extended...
The conditions prescribed in this paragraph are that the claimant...
(1) Subject to the following provisions of this paragraph and...
Movers
Movers and rent allowances
Movers and rent and rate rebates
Movers and extended payments
Maximum Housing Benefit
Movers and rates rebate
Condition for an extended payment (severe disablement allowance and incapacity benefit)
Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)
Interpretation
Calculation and payment of an extended payment (severe disablement allowance and incapacity benefit)
Movers
Movers and rent allowances
Movers and rent and rate rebates
Movers and extended payments (severe disablement allowance and incapacity benefit)
Maximum housing benefit
Movers and rate rebates
Movers with 2 homes
The statement of matters to be included in any decision...
Where a person is not on income support , an...
Where a decision has been made under regulation 92 or...
In this Schedule, “landlord” has the same meaning as in...
Where an authority makes a decision under regulation 23 the...
Where a person is not awarded housing benefit—
(1) Where the appropriate authority makes a decision that there...
(1) This Part applies in a case where a decision...
Every decision notice shall include a statement as to the...
Every decision notice shall include a statement as to the...
Every decision notice following an application for a revision in...
Every decision notice following an application for a revision in...
An authority may include in the decision notice any other...
Parts II, III and VI shall apply only to the...
Where a decision notice is given following a revision of...
Where a person on income support , an income-based jobseeker’s...
Interpretation
Conditions for the use of electronic communication
Use of intermediaries
Effect of delivering information by means of electronic communication
Proof of identity of sender or recipient of information
Proof of delivery of information
Proof of content of information
Evidence and information
- Provide pension scheme details to housing benefit authority on request
Payment on death of the person entitled
Other duties (1) — Crown / regulator
- Housing benefit authority must pay deceased tenant’s benefit upon written claim Local authority
Browse 158 other sections — procedural / definitional / commencement
Citation and commencement
The amounts specified in column (2) in respect of each...
Interpretation
(1) The amount specified in column (2) in respect of...
Definition of non-dependant
(1) ... The amount for the purposes of regulations 20(c)...
Cases in which section 1(1A) of the Administration Act is disapplied
Except as provided in paragraph 5, the premiums specified in...
Persons who have attained the qualifying age for state pension credit
Subject to paragraph 6, where a claimant satisfies the conditions...
Remunerative work
The following premiums, namely— (a) a severe disability premium to...
Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
(1) Subject to sub-paragraph (2), for the purposes of this...
Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling
Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling
Pensioner premium for persons under 75
Persons from abroad
Eligible housing costs
Rates
Rent
Eligible rent
Eligible rent and maximum rent (social sector)
Eligible rent and maximum rent
Eligible rent and maximum rent (LHA)
Transitional protection–reduction in LHA
Maximum rent
Protection on death and 13 week protection
Change in reckonable rent
When a maximum rent (LHA) is to be determined
Determination of a maximum rent (LHA)
Publication of local housing allowances
Amended determinations
Decisions
Pre-tenancy decisions
Persons of prescribed description
Circumstances in which a person is to be treated as responsible or not responsible for another
Circumstances in which a person is to be treated as being or not being a member of the household
Applicable amounts
Polygamous marriages
Calculation of income and capital of members of claimant’s family and of a polygamous marriage
Circumstances in which income and capital of non-dependant is to be treated as claimant’s
Calculation of income on a weekly basis
Treatment of child care charges
Average weekly earnings of employed earners
Date on which income consisting of earnings from employment as an employed earner are taken into account
Average weekly earnings of self-employed earners
Average weekly income other than earnings
Calculation of average weekly income from tax credits
Calculation of weekly income
Disregard of changes in tax, contributions etc.
Earnings of employed earners
Calculation of net earnings of employed earners
Earnings of self-employed earners
Calculation of net profit of self-employed earners
Deduction of tax and contributions of self-employed earners
Calculation of income other than earnings
Capital treated as income
Notional income
Capital limit
Calculation of capital
Disregard of capital of child and young person
Income treated as capital
Calculation of capital in the United Kingdom
Calculation of capital outside the United Kingdom
Notional capital
Diminishing notional capital rule
Capital jointly held
Calculation of tariff income from capital
Interpretation
Treatment of students
Occupying a dwelling as a person’s home
Full-time students to be treated as not liable to make payments in respect of a dwelling
Student’s eligible housing costs
Student partners
Calculation of grant income
Calculation of covenant income where a contribution is assessed
Covenant income where no grant income or no contribution is assessed
Relationship with amounts to be disregarded under Schedule 6
Other amounts to be disregarded
Treatment of student loans and post graduate loans
Treatment of fee loans
Treatment of loans for specific purposes
Treatment of payments from access funds
Disregard of contribution and rent
Further disregard of student’s income
Amounts treated as capital
Disregard of changes occurring during summer vacation
Maximum housing benefit
Housing benefit tapers
Extended Payments
Duration of extended payment period
Amount of extended payment
Relationship between extended payment and entitlement to housing benefit under the general conditions of entitlement
Calculation of an extended payment where the benefit cap applies
Extended payments (qualifying contributory benefits)
Duration of extended payment period (qualifying contributory benefits)
Amount of extended payment (qualifying contributory benefits)
Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement
Calculation of an extended payment (qualifying contributory benefits) where the benefit cap applies
Non-dependant deductions
Minimum housing benefit
Circumstances in which a benefit cap will apply
Determinations
Manner of calculating the amount of welfare benefits
Determination of the relevant amount
Reduction of housing benefit
Exception to the benefit cap: current or recent work
Exception to the benefit cap: receipt of specified benefit
Interpretation
Specified accommodation
Date on which entitlement is to commence
Date on which housing benefit is to end
Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases
Date on which change of circumstances is to take effect
Calculation of weekly amounts
Rent and rate-free periods
Who may claim
Time and manner in which claims are to be made
Electronic claims for benefit
Amendment and withdrawal of claim
Duty to notify changes of circumstances
Notice of change of circumstances given electronically
Decisions by a relevant authority
Notification of decisions
Time and manner of payment
Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance
Frequency of payment of a rent allowance
Payment on account of a rent allowance
Payment to be made to a person entitled
Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel
Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel
Offsetting
Meaning of overpayment
Recoverable overpayments
Person from whom recovery may be sought
Method of recovery
Diminution of capital
Sums to be deducted in calculating recoverable overpayments
Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling
Recovery of overpayments from prescribed benefits
Prescribed benefits
Recovery by deduction from earnings
Restrictions on recovery of rent and consequent modifications
Interpretation
Collection of information
Verifying information
Recording and holding information
Forwarding of information
Request for information
Interpretation
Requiring information
Circumstances for requiring information
Relevant information
Manner of supply of information
Criminal offence
When a maximum rent (social sector) is to be determined
Determination of a maximum rent (social sector)
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