UK Statutory Instrument
2006
United Kingdom
The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 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 152 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...
(1) Subject to sub-paragraphs (2) and (3) this paragraph applies...
This paragraph applies to a shared ownership tenancy.
In this Schedule, “rent” shall be construed in accordance with...
(1) Subject to sub-paragraphs (2) and (3), where a rent...
(1) Subject to sub-paragraphs (1A) and (2) , this paragraph...
This paragraph applies to a tenancy entered into before—
This paragraph applies to a regulated tenancy within the meaning...
This paragraph applies to a housing association tenancy which—
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 of any dwelling which...
The amount specified in column (2) below in respect of...
Persons in receipt of concessionary payments
Person in receipt of benefit
Premium Amount (1) Severe Disability Premium (1)
(1) The amounts specified in column (2) below in respect...
(1) The amount for the purposes of regulations 22(1)(c) and...
The premiums specified in Part 4 shall, for the purposes...
(1) Subject to sub-paragraph (2), for the purposes of this...
Severe disability premium
Enhanced disability premium
Disabled child premium
Carer premium
Where two or more of paragraphs 2 to 5 apply...
Where a payment of earnings is made in a currency...
In a case where a claimant is a lone parent,...
(1) In a case of earnings from any employment or...
(1) If the claimant or, if he has a partner,...
(1) £20 is disregarded if the claimant or, if he...
(1) Where— (a) the claimant (or if the claimant is...
Any amount or the balance of any amount which would...
Except where the claimant or his partner qualifies for a...
Any earnings, other than earnings referred to in regulation 33(8)(b)...
(1) In a case where the claimant is a person...
In addition to any sum which falls to be disregarded...
If the claimant— (a) owns the freehold or leasehold interest...
Where a claimant receives income under an annuity purchased with...
(1) Any payment, other than a payment to which sub-paragraph...
Any increase in pension or allowance under Part 2 or...
Any payment ordered by a court to be made to...
Periodic payments made to the claimant or the claimant's partner...
Any income which is payable outside the United Kingdom for...
Any banking charges or commission payable in converting to Sterling...
Where the claimant makes a parental contribution in respect of...
(1) Where the claimant is the parent of a student...
The whole of any amount included in a pension to...
(1) Where a claimant’s family includes at least one child...
Except in a case which falls under paragraph 9 of...
Except in the case of income from capital specified in...
Any special war widows payment made under—
Where the total value of any capital specified in Part...
Any amount of carer support payment that is in excess...
Any mobility supplement under article 20 of the Naval, Military...
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...
£15 of any widowed parent's allowance to which the claimant...
£15 of any widowed mother's allowance to which the claimant...
Where the claimant occupies a dwelling as his home and...
Any premises acquired for occupation by the claimant which he...
The assets of any business owned in whole or in...
The surrender value of any policy of life insurance.
The value of any funeral plan contract; and for this...
Where an ex-gratia payment has been made by the Secretary...
(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 under or by—
(1) An amount equal to the amount of any payment...
Any amount specified in paragraphs 19, 20, 21 or 26B...
Amounts paid under a policy of insurance in connection with...
Any premises which the claimant intends to occupy as his...
So much of any amounts paid to the claimant or...
(1) Subject to paragraph 22 any amount paid—
(1) Subject to sub-paragraph (3), any payment of £5,000 or...
Any payment of a widowed parent’s allowance made pursuant to...
Where a capital asset is held in a currency other...
The value of the right to receive income from an...
Capital to be disregarded
The dwelling occupied as the home; but only one dwelling...
Where a person elects to be entitled to a lump...
Where a person chooses a lump sum under section 8(2)...
Any arrears of supplementary pension which is disregarded under paragraph...
Any payment made under Part 8A of the Act (entitlement...
Any payments made ...— (a) by virtue of regulations made...
Any payment in consequence of a reduction of council tax...
Any payments to a claimant made under section 49 of...
(1) Any payment made by a local authority in accordance...
(1) A payment of bereavement support payment in respect of...
Any payment made under or by a trust, established for...
Any sum paid by means of assistance in accordance with...
Any sum paid by means of winter heating assistance in...
The value of the right to receive any income under...
The value of the right to receive any rent except...
The value of the right to receive any income under...
Any premises which the claimant intends to occupy as his...
Where property is held under a trust, other than—
Any premises occupied in whole or in part—
Any future interest in property of any kind, other than...
Where a claimant has ceased to occupy what was formerly...
Any premises where the claimant is taking reasonable steps to...
All personal possessions.
The assets of any business owned in whole or in...
Condition for 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 rebates
Movers and extended payments (severe disablement allowance and incapacity benefit)
Maximum housing benefit
Movers with two homes
Adjustment of entitlement in respect of an extended payment (severe disablement allowance and incapacity benefit)
The statement of matters to be included in any decision...
Where a person is not on state pension credit but...
Where a decision has been made under regulation 76 or...
In this Schedule, “landlord” has the same meaning as in...
Where an authority makes a decision under regulation 24 (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...
(1) Where a person on state pension credit is awarded...
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
Evidence and information
- Provide evidence and information for your Housing Benefit claim
Payment on death of the person entitled
Other duties (1) — Crown / regulator
- Local authority must pay housing benefit to personal representative or next of kin on death of claimant Local authority
Browse 125 other sections — procedural / definitional / commencement
Citation and commencement
Interpretation
Definition of non-dependant
Cases in which section 1(1A) of the Administration Act is disapplied
Persons who have attained the qualifying age for state pension credit
Remunerative work
Circumstances in which a person is or is not to be treated as occupying a dwelling as his home
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
Persons from abroad
Eligible housing costs
Rent
Eligible rent
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 a redetermination by a 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
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 and capital
Claimant in receipt of guarantee credit
Calculation of claimant's income and capital in savings credit only cases
Calculation of income and capital where state pension credit is not payable
Meaning of “income”
Calculation of income on a weekly basis
Treatment of child care charges
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
Calculation of earnings of self-employed earners
Earnings of self-employed earners
Calculation of net profit of self-employed earners
Deduction of tax and contributions of self-employed earners
Notional income
Income paid to third parties
Capital limit
Calculation of capital
Calculation of capital in the United Kingdom
Calculation of capital outside the United Kingdom
Notional capital
Diminishing notional capital rule
Capital jointly held
Maximum housing benefit
Housing benefit tapers
Amount payable during extended payment period when an extended payment is payable pursuant to regulation 72 or 73 of the Housing Benefit Regulations
Extended payments (qualifying contributory benefits)
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
Continuing payments where state pension credit claimed
Non-dependant deductions
Minimum housing benefit
Date on which entitlement is to commence
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
Change of circumstances where state pension credit payable
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 decision
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 pathfinder authorities
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