UK Statutory Instrument
2006
United Kingdom
The Housing Benefit Regulations 2006
At a glance
What's here
3 compliance obligations
Who this Act binds
Plus 2 non-business duties 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 294 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 mean areas (other than rooms)...
An excluded tenancy is any tenancy to which any of...
This paragraph applies to a tenancy of a housing action...
This paragraph applies to a tenancy of a housing action...
(1) Subject to sub-paragraphs (2) and (3) this paragraph applies...
This paragraph applies to a shared ownership tenancy.
(1) Subject to sub-paragraphs (2) and (3) this paragraph applies...
In this Schedule, “ rent ” shall be construed in...
This paragraph applies to a shared ownership tenancy.
In this Schedule, “rent” shall be construed in accordance with...
An excluded tenancy is any tenancy to which any of...
(1) Subject to the following sub-paragraphs, where a rent officer...
(1) Subject to the following sub-paragraphs, where a rent officer...
(1) Subject to sub-paragraphs (1A) and (2) , this paragraph...
(1) This paragraph applies where the landlord is a registered...
This paragraph applies to a tenancy entered into before—
This paragraph applies to a tenancy entered into before—
This paragraph applies to a regulated tenancy within the meaning...
This paragraph applies to a regulated tenancy within the meaning...
This paragraph applies to a housing association tenancy which—
This paragraph applies to a housing association tenancy which—
This paragraph applies to a protected occupancy or statutory tenancy...
This paragraph applies to a protected occupancy or statutory tenancy...
This paragraph applies to a tenancy at a low rent...
This paragraph applies to a tenancy at a low rent...
This paragraph applies to a tenancy of any dwelling which...
This paragraph applies to a tenancy of any dwelling which...
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 £37.95 ....
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, an...
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 payment to the claimant as holder of the Victoria...
(1) Any payment— (a) by way of an education maintenance...
Any payment made to the claimant by way of a...
(1) Any payment made pursuant to section 2 of the...
(1) Subject to sub-paragraph (2), any of the following payments—...
Subject to paragraph 34, £10 of any of the following,...
Subject to paragraph 34, £15 of any—
(1) Any income derived from capital to which the claimant...
(1) Where a claimant receives income under an annuity purchased...
Where the claimant makes a parental contribution in respect of...
Any payment in respect of any expenses incurred or to...
(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 40(10)(b) (provision...
Any income which is payable in a country outside the...
(1) Any payment made to the claimant in respect of...
Any payment made to the claimant with whom a person...
Any payment made to the claimant or his partner for...
Any payment made to a claimant under section 73(1)(b) of...
Any payment made by a local authority in accordance with...
(1) Subject to sub-paragraph (2), any payment (or part of...
(1) Subject to sub-paragraph (2), any payment received under an...
Any payment in respect of expenses arising out of the...
In the case of employment as an employed earner, any...
Any payment of income which by virtue of regulation 46...
Any social fund payment made pursuant to Part 8 of...
Any local welfare provision.
Any payment under Part 10 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...
(1) Any payment made under or by the Macfarlane Trust,...
Any payment made by the Secretary of State to compensate...
Any payment made by the Secretary of State to compensate...
Any resettlement benefit which is paid to the claimant by...
Any payment to a juror or witness in respect of...
Where a claimant is on universal credit, income support, an...
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— (a) as respects England,...
Any payment made to such persons entitled to receive benefits...
Any payment made by either the Secretary of State for...
(1) Where a claimant’s applicable amount includes an amount by...
(1) Any payment of child maintenance made or derived from...
Any payment made by the Secretary of State to compensate...
Any payment (other than a training allowance) made, whether by...
Where the claimant is a member of a joint-claim couple...
Any guardian's allowance.
Any council tax benefit.
(1) ) If the claimant is in receipt of any...
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...
a
b
Except in a case which falls under sub-paragraph (1) of...
Any payment made ... under section 12B of the Social...
(1) Subject to sub-paragraph (2), in respect of a person...
(1) Any payment of a sports award except to the...
Any disability living allowance, armed forces independence payment or personal...
Where the amount of subsistence allowance paid to a person...
In the case of a claimant participating in an employment...
Any discretionary housing payment paid pursuant to regulation 2(1) of...
(1) Any payment made by a local authority or by...
(1) £1.20 in relation to each week in which child...
Any payment of child benefit.
Any payments to a claimant made under section 49 of...
Any bereavement support payment under section 30 of the Pensions...
Any payment of carer’s allowance supplement made under section 81...
Any early years assistance given in accordance with section 32...
Any concessionary payment made to compensate for the non-payment of—...
Any funeral expense assistance given in accordance with section 34...
Any Scottish child payment assistance given in accordance with section...
Any short-term assistance given in accordance with regulations made under...
Any disability 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 mobility supplement under article 20 of the Naval, Military...
Any attendance allowance.
Any payment made to the claimant in respect of any...
Any payment made to the claimant in respect of any...
Any payment made to the claimant in respect of any...
Any payment made to the claimant in respect of any...
The dwelling together with any garage, garden and outbuildings, normally...
Any sum— (a) paid to the claimant in consequence of...
Any sum— (a) deposited with a housing association as defined...
Any personal possessions except those which have been acquired by...
The value of the right to receive any income under...
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 payment made by a local authority in accordance with...
(1) Subject to sub-paragraph (2), any payment (or part of...
Any premises acquired for occupation by the claimant which he...
Any social fund payment made pursuant to Part 8 of...
Any local welfare provision.
Any refund of tax which falls to be deducted under...
Any capital which by virtue of regulation 41 or 64...
Where any payment of capital is made in a currency...
(1) Any payment made under or by the Macfarlane Trust,...
(1) Where a claimant has ceased to occupy what was...
Any premises where the claimant is taking reasonable steps to...
Any premises which the claimant intends to occupy as his...
Any premises which the claimant intends to occupy as his...
Any payment made by the Secretary of State to compensate...
Any sum directly attributable to the proceeds of sale of...
Any payment made by the Secretary of State to compensate...
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 2 of the 1973...
Any community charge benefit.
Any payment in consequence of a reduction of council tax...
Any grant made to the claimant in accordance with a...
Any arrears of supplementary pension which is disregarded under paragraph...
Any premises occupied in whole or in part—
(1) Any payment or repayment made— (a) as respects England,...
Any payment made to such persons entitled to receive benefits...
Any payment made under Part 8A of the Act (entitlement...
Any payment made either by the Secretary of State for...
Any payment (other than a training allowance) made, whether by...
Any payment made by a local authority under section 3...
(1) Any sum of capital to which sub-paragraph (2) applies...
Any sum of capital administered on behalf of a person...
Any payment to the claimant as holder of the Victoria...
The amount of any child maintenance bonus payable by way...
a
b
In the case of a person who is receiving, or...
Where a claimant is on universal credit, income support, an...
(1) Any payment of a sports award for a period...
(1) Any payment— (a) by way of an education maintenance...
In the case of a claimant participating in an employment...
Any arrears of subsistence allowance paid as a lump sum...
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...
(1) Any payment made by a local authority, or by...
Any payment made ... regulations made under section 57 of...
Any payment made to the claimant pursuant to regulations under...
Where the claimant is a member of a joint-claim couple...
Any payment made to the claimant in accordance with regulations...
Any payments to a claimant made under section 49 of...
(1) Any bereavement support payment in respect of the rate...
Any payment made under or by a trust, established for...
Any payment made to a claimant under section 73(1)(b) of...
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 Secretary of...
Any payment of a widowed parent’s allowance made pursuant to...
Any payment made to the claimant in respect of any...
Any payment made to the claimant in respect of any...
Any payment made to the claimant in respect of any...
Any payment made to the claimant in respect of any...
The conditions prescribed in this paragraph are that the Secretary...
Where for any week— (a) a person is entitled to...
In this Schedule— “ claimant ” means a person claiming...
The conditions prescribed in this paragraph are that the claimant...
(1) Subject to the following provisions of this paragraph and...
Schedule 7 para.4
Schedule 7 para.5
Schedule 7 para.6
Schedule 7 para.7
Schedule 7 para.8
Schedule 7 para.9
Schedule 8 para.10
Schedule 8 para.2
Schedule 8 para.3
Schedule 8 para.4
Schedule 8 para.5
Schedule 8 para.6
Schedule 8 para.7
Schedule 8 para.8
Schedule 8 para.9
The statement of matters to be included in any decision...
Where a person is not on income support, an income-based...
Where a decision has been made under regulation 95 or...
In this Schedule, “landlord” has the same meaning as in...
Where an authority makes a decision under regulation 26 (circumstances...
Where a person is not awarded housing benefit—
(1) Where the appropriate authority makes a decision that there...
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 2, 3 and 6 of this Schedule shall apply...
Where a decision notice is given following a revision of...
Where a person on income support, an income-based jobseeker's allowance...
These Regulations shall apply to former pathfinder authorities subject to...
Amendment of regulation 2
Amendment of regulation 11
Amendment of regulation 12B
Amendment of regulation 12D
Insertion of regulations 12E to 12K
Amendment of regulation 13C
Amendment of regulation 13D
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
Average weekly earnings of employed earners
Other duties (1) — Crown / regulator
- Local authorities must estimate average weekly earnings for Housing Benefit claims Local authority
Evidence and information
- Provide pension scheme details to housing benefit authorities on request
Payment on death of the person entitled
Other duties (1) — Crown / regulator
- Local authority must pay housing benefit to next of kin or landlord on death of recipient Local authority
Browse 173 other sections — procedural / definitional / commencement
Citation and commencement
The amounts specified in column (2) below in respect of...
Interpretation
(1) The amount specified in column (2) below in respect...
Definition of non-dependant
(1) ...The amount for the purposes of regulations 22(c) and...
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...
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
Bereavement premium
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
Rent
Eligible rent
Eligible rent and maximum rent (social sector)
Eligible rent and maximum rent
Eligible rent and maximum rent (LHA)
Transitional protection – larger properties
Transitional protection – reduction in LHA
Maximum rent
When a maximum rent (LHA) is to be determined
Determination of a maximum rent (LHA)
Publication of local housing allowances
Protection on death and 13 week protection
Change in reckonable rent
Requirement to refer to rent officers
Applications to the rent officer for redeterminations
Application for redetermination by rent officer
Substitute determinations or substitute redeterminations
Application of provisions to substitute determinations or substitute redeterminations
Amended determinations
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
Patients
Calculation of income and capital of members of claimant's family and of a polygamous marriage
Circumstances in which income of non-dependant is to be treated as claimant's
Calculation of income on a weekly basis
Treatment of child care charges
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 5
Other amounts to be disregarded
Treatment of student loans and postgraduate ... 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
Extended payments – movers
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 (severe disablement allowance and incapacity benefit)
Duration of extended payment period (qualifying contributory benefits)
Amount of extended payment (qualifying contributory benefits)
Extended payments (qualifying contributory benefits) – movers
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 free periods
Who may claim
Time and manner in which claims are to be made
Electronic claims for benefit
Date of claim where claim sent or delivered to a gateway office
Date of claim where claim sent or delivered to an office of a designated authority
Amendment and withdrawal of claim
Duty to notify changes of circumstances
Notice of changes of circumstances given electronically
Alternative means of notifying changes of circumstances
Decisions by a relevant authority
Notification of decisions
Time and manner of payment
Cases in which payments to a housing authority are to take the form of 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
Circumstances in which payment may be made to a landlord
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 notifications
Interpretation
Collection of information
Verifying information
Recording and holding information
Forwarding of information
Request for information
Interpretation
Evidence and information required by rent officers
Information to be provided to rent officers
Information to be supplied by an authority to another authority
Supply of information – extended payments (qualifying contributory benefits)
Requiring information from landlords and agents
Circumstances for requiring information
Relevant information
Manner of supply of information
Criminal offence
Supply of benefit administration information between authorities
Modifications in respect of former pathfinder authorities
When a maximum rent (social sector) is to be determined
Determination of a maximum rent (social sector)
Explore more
Browse legislation
Find other UK business legislation with related guidance.