PART 1 General

Citation and commencement

1.—(1) These Regulations may be cited as the Housing Benefit Regulations 2006.

^M6(2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations and, in a case where regulation 5(2) applies, with the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 2006 .

(3) Except as provided in Schedule 4 to the Consequential Provisions Regulations, these Regulations shall come into force on 6th March 2006.

(4) The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.

Interpretation_cross-notes

2.—(1) In these Regulations—

“ the Act ” means the Social Security Contributions and Benefits Act 1992 ;

^M7 “ the 1973 Act ” means the Employment and Training Act 1973 ;

[^F1 “the 2000 Act ” means the Electronic Communications Act 2000 ; ^F1]

[^F2 “the 2012 Act ” means the Welfare Reform Act 2012 ; ^F2]

“ Abbeyfield Home ” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

^M8 “ adoption leave ” means a period of absence from work on ordinary or additional adoption leave by virtue of section 75A or 75B of the Employment Rights Act 1996 ;

“ the Administration Act ” means the Social Security Administration Act 1992 ;

[^F3 “ adult disability payment ” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022 ; ^F3]

[^F4 “amended determination” means a determination made in accordance with article 7A of the Rent Officers Order ; ^F4]

“ appropriate DWP office ” means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support [^F5 , a jobseeker's allowance or an employment and support allowance; ^F5]

[^F6 “approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products; ^F6]

[^F7 “armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ; ^F7]

“ assessment period ” means such period as is prescribed in regulations 29 to 31 over which income falls to be calculated;

“ attendance allowance ” means—

[^F9 “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act ); ^F9]

“ the benefit Acts ” means the Act[^F10 , the Jobseekers Act ^M10[^F11 , Part 4 of the 2012 Act ^F11] [^F12 , the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 ^F12] [^F13 , the Welfare Reform Act and the Pensions Act 2014 ^F13,F10]] ;

“ benefit week ” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;

[^F4 “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order ; ^F4]

[^F4 “broad rental market area determination” means a determination made in accordance with article 4B(1A) of the Rent Officers Order ; ^F4]

^F14 “care home” in England ... has the meaning assigned to it by section 3 of the Care Standards Act 2000 ^M11[^F15 , in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over ^F15] and in Scotland means a care home service within the meaning assigned to it by [^F16 paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010 ^F16] ;

[^F17 “ carer support payment ” means carer’s assistance given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023 ; ^F17]

[^F18 “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions; ^F18]

[^F4 “change of dwelling” means, for the purposes of regulations 13C and 14, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance; ^F4]

“ child ” means a person under the age of 16;

[^F19 “child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom; ^F19]

[^F20 “child disability payment” has the meaning given in regulation 2 of the DACYP Regulations; ^F20]

“ child tax credit ” means a child tax credit under section 8 of the Tax Credits Act;

[^F21 “child who cannot share a bedroom” means a child—

^M12 “ the Children Order ” means the Children (Northern Ireland) Order 1995 ;

“ claim ” means a claim for housing benefit;

“ claimant ” means a person claiming housing benefit;

“ close relative ” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

[^F23 “ coercive behaviour ” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

“ competent authority ” means a person who is a competent authority within the meaning of the Trafficking Convention;

“ compulsory labour ”, “ forced labour ”, “ servitude ” and “ slavery ” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom; ^F23]

^F24...

^F26 “ concessionary payment ” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit[^F25 or tax credits under the benefit Acts or the Tax Credits Act ^F25] ... are charged;

^M13 “ the Consequential Provisions Regulations ” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ;

[^F27 “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions; ^F27]

[^F28 “ controlling behaviour ” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour; ^F28]

[^F29 “converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations ; ^F29]

“ co-ownership scheme ” means a scheme under which the dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;

[^F30 “couple” means—

“ Crown tenant ” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners [^F32 or a relevant person ^F32] ;

[^F33 “the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021 ; ^F33]

“ date of claim ” means the date on which the claim is made, or treated as made, for the purposes of regulation 83 (time and manner in which claims are to be made) ;

^M14 “ the Decisions and Appeals Regulations ” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ;

“ designated authority ” means any of the following—

“ designated office ” means the office designated by the relevant authority for the receipt of claims to housing benefit—

“ disability living allowance ” means a disability living allowance under section 71 of the Act;

[^F34 “ domestic violence ” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

regardless of the gender or sexuality of the victim;^F34]

“ earnings ” has the meaning prescribed in regulation 35 or, as the case may be, 37;

“ the Eileen Trust ” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

[^F35 “electronic communication” has the same meaning as in section 15(1) of the 2000 Act ; ^F35]

[^F36 “ eligible rent ” is to be construed in accordance with regulation 12 (rent); ^F36]

[^F36 “eligible rent” means, as the case may require, an eligible rent determined in accordance with—

“ employed earner ” is to be construed in accordance with section 2(1)(a) of the Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay[^F38 , ^F38] statutory maternity pay [^F39 or statutory neonatal care pay ^F39] ;

[^F40 “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act; ^F40]

[^F41 “ Employment and Support Allowance Regulations ” means the Employment and Support Allowance Regulations 2008 ; ^F41]

[^F42 “ Employment and Support Allowance (Existing Awards) Regulations ” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) ( No. 2) Regulations 2010; ^F42]

[^F43 “ the Employment, Skills and Enterprise Scheme ” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. ) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search); ^F43]

^M15 “ employment zone ” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 and an “ employment zone programme ” means a programme established for such an area or areas designed to assist claimants for a jobseeker's allowance to obtain sustainable employment;

“ employment zone contractor ” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Work and Pensions;

[^F44 “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament [^F45 or the National Assembly for Wales ^F45] ; ^F44]

[^F46 “extended payment” means a payment of housing benefit payable pursuant to regulation 72;

“extended payment period” means the period for which an extended payment is payable in accordance with regulation 72A or 73A; ^F46]

[^F47 “extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 73; ^F47]

“ family ” has the meaning assigned to it by section 137(1) of the Act;

^M16 “ the former Regulations ” means the Housing Benefit (General) Regulations 1987 ;

“ the Fund ” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

^F48...

[^F49 “ Grenfell Tower payment ” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower; ^F49]

^M17 “ a guaranteed income payment ” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ;

[^F50 “ health care professional ” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002 ; ^F50]

[^F51 “ the Horizon system ” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X; ^F51]

“ hostel ” means a building—

[^F52 “Housing Act functions” means functions under section 122 of the Housing Act 1996 ; ^F52]

[^F53 “ housing association ” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 ^M18 ; ^F53]

[^F53 “housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 ; ^F53]

^M19 “ Immigration and Asylum Act ” means the Immigration and Asylum Act 1999 ;

“ an income-based jobseeker's allowance ” and “ a joint-claim jobseeker's allowance ” have the same meanings as they have in the Jobseekers Act by virtue of section 1(4) of that Act ;

[^F54 “ income-related employment and support allowance ” means an income-related allowance under Part 1 of the Welfare Reform Act; ^F54]

^M20 “ Income Support Regulations ” means the Income Support (General) Regulations 1987 ;

[^F55 “independent hospital”—

^F57...

[^F58 “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part; ^F58]

^F59...

^F60...

^F61...

^F62...

“ invalid carriage or other vehicle ” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

^M21 “ Jobseekers Act ” means the Jobseekers Act 1995 ;

[^F63 “jobseeker’s allowance” means a jobseeker’s allowance within the meaning of Part 1 of the Jobseekers Act; ^F63]

^M22 “ Jobseeker's Allowance Regulations ” means the Jobseeker's Allowance Regulations 1996 ;

[^F64 “ LGBT Financial Recognition Scheme payment ” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence; ^F64]

[^F65 “limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;

“limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act; ^F65]

[^F4 “linked person” means—

[^F4 “local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order ; ^F4]

[^F66 “local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

“ the London Bombings Relief Charitable Fund ” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

[^F67 “the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017; ^F67]

“ lone parent ” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;

“ long tenancy ” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;

^F68...

“ the Macfarlane (Special Payments) Trust ” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“ the Macfarlane (Special Payments) (No. 2) Trust ” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

“ the Macfarlane Trust ” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

[^F69 “ main phase employment and support allowance ” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act [^F70 or the claimant is a member of the work-related activity group ^F70] ; ^F69]

[^F71 “ the Mandatory Work Activity Scheme ” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc. ) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment; ^F71]

^M23 “ maternity leave ” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part 8 of the Employment Rights Act 1996 ;

[^F4 “maximum rent ( LHA )” means the amount determined in accordance with regulation 13D; ^F4]

[^F72 “ maximum rent ” means the amount to which the eligible rent is restricted in a case where regulation 13 applies; ^F72]

[^F72 “maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies; ^F72]

[^F73 “member of a couple who cannot share a bedroom” means a member of a couple—

[^F81 “member of the armed forces away on operations” means a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006 ) who is absent, while on operations, from the dwelling usually occupied as their home; ^F81]

[^F82 “member of the work-related activity group” means a [^F83 person ^F83] who has or is treated as having limited capability for work under either—

[^F84 “MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products; ^F84]

[^F85 “ miscarriage of justice compensation payment ” means—

[^F86 “mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority; ^F86]

[^F87 “the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019; ^F87]

[^F88 “ neonatal care leave ” means leave under section 80EF of the Employment Rights Act 1996 ; ^F88]

“ net earnings ” means such earnings as are calculated in accordance with regulation 36 (calculation of net earnings of employed earners) ;

“ net profit ” means such profit as is calculated in accordance with regulation 38 (calculation of net profit of self-employed earners) ;

“ the New Deal options ” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker's Allowance Regulations and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;

[^F89 “new dwelling” means, for the purposes of the definition of “second authority” and regulations 72C, 73C, 115 and 116, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home; ^F89]

“ non-dependant ” has the meaning prescribed in regulation 3;

[^F90 “ non-dependant deduction ” means a deduction that is to be made under regulation 74 (non-dependant deductions) ; ^F90]

[^F90 “non-dependant deduction” means a deduction that is to be made under regulation 74 (non-dependant deductions) ; ^F90]

“ occupational pension ” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

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

“ owner ” means—

“ partner ” means—

[^F91 “parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996 ; ^F91]

[^F92 “paternity leave” means a period of absence from work on ^F93 ... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 [^F94 or on additional paternity leave by virtue of section 80AA or 80BB of that Act ^F94] ; ^F92]

“ payment ” includes part of a payment;

[^F95 “ pension age disability payment ” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024 ; ^F95]

^F97 “ pension fund holder ” means with respect to a personal pension scheme or [^F96 an occupational pension scheme ^F96] , the trustees, managers or scheme administrators, as the case may be, of the scheme ... concerned;

[^F98 “person acting in an official capacity”, where it appears in the definition of “young individual”, means a health care professional, a police officer, a registered social worker, the victim’s employer or any public, voluntary or charitable body which has had direct contact with the victim in connection with domestic violence; ^F98]

“ person affected ” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;

“ person on income support ” means a person in receipt of income support;

[^F99 “person who requires overnight care” means a person (“P”)—

^F111...

[^F2 “personal independence payment” means personal independence payment under Part 4 of the 2012 Act ; ^F2]

[^F112 “personal pension scheme” means—

“ policy of life insurance ” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“ polygamous marriage ” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

[^F113 “ positive conclusive grounds determination relating to modern slavery ” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour; ^F113]

[^F51 “ the Post Office ” means Post Office Limited (registered number 02154540);” ^F51]

[^F51 “ Post Office compensation payment ” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

[^F44 “public authority” includes any person certain of whose functions are functions of a public nature; ^F44]

^M26 “ the qualifying age for state pension credit ” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 )—

[^F114 “qualifying contributory benefit” means—

“qualifying income-related benefit” means—

[^F117 “qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who—

“ qualifying person ” means a person in respect of whom [^F118 a Grenfell Tower payment [^F119 , a child abuse payment [^F120 , a Windrush payment, a Post Office compensation payment [^F121 , a vaccine damage payment [^F122 , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment ^{F122,F121,F120,F119}]]]] has been made or ^F118] payment has been made from the Fund, the Eileen Trust[^F123 , MFET Limited ^F123] , the Skipton Fund[^F124 , the Caxton Foundation ^F124][^F125 , the Scottish Infected Blood Support Scheme ^F125][^F126 , an approved blood scheme ^F126][^F127 , the London Emergencies Trust, the We Love Manchester Emergency Fund ^F127][^F128 , the National Emergencies Trust ^F128][^F129 , the Victims of Overseas Terrorism Compensation Scheme ^F129] or the London Bombings Relief Charitable Fund;

[^F4 “reckonable rent” means payments which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for regulation 13, be eligible for housing benefit; ^F4]

[^F130 “registered housing association” means—

[^F134 “ registered social worker ” means a person registered as a social worker in a register maintained by—

“ relative ” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece [^F135 except where it appears within the definition of “young individual” and within Regulation A13 where it has the meaning given by section 63(1) of the Family Law Act 1996 ; ^F135]

“ relevant authority ” means an authority administering housing benefit;

[^F4 “relevant information” means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim; ^F4]

[^F136 “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests; ^F136]

“ remunerative work ” has the meaning prescribed in regulation 6 (remunerative work) ;

“ rent ” includes all those payments in respect of a dwelling specified in regulation 12(1);

[^F137 “ the Rent Officers Order ” means the Rent Officers (Housing Benefit Functions) Order 1997 ^M27 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 ^M28 ; ^F137]

[^F137 “ Rent Officers Order ” means the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 ; ^F137]

^F138...

[^F139 “ Scottish adult disability living allowance ” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025 ; ^F139]

[^F140 “Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007 ;

[^F141 “Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978 ); ^F141]

“Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Scotland Act 1998 ; ^F140]

[^F142 “second authority” means the authority to which a mover is liable to make payments for the new dwelling; ^F142]

^F143...

“ self-employed earner ” is to be construed in accordance with section 2(1)(b) of the Act;

“ self-employment route ” means assistance in pursuing self-employed earner's employment whilst participating in—

^F147...

“ shared ownership [^F148 lease ^F148] ” means—

[^F149 “shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996 ; ^F149]

“ single claimant ” means a claimant who neither has a partner nor is a lone parent;

[^F4 “single room rent” means the rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order ; ^F4]

“ the Skipton Fund ” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme's provisions;

[^F84 “special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations; ^F84]

^M30 “ sports award ” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 out of sums allocated to it for distribution under that section;

^F150...

“ student ” has the meaning prescribed in regulation 53 (interpretation);

“ subsistence allowance ” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;

^M31 “ the Tax Credits Act ” means the Tax Credits Act 2002 ;

“ tax year ” means a period beginning with 6th April in one year and ending with 5th April in the next;

[^F151 “ the Trafficking Convention ” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005)”;

“ trafficking in human beings ” has the same meaning as in the Trafficking Convention; ^F151]

“ training allowance ” means an allowance (whether by way of periodical grants or otherwise) payable—

^M32but it does not include an allowance paid by any Government department to or in respect of a person by reason of the fact that he is following a course of full-time education, other than under arrangements made under section 2 of the 1973 Act or is training as a teacher;

[^F156 “universal credit” means universal credit under Part 1 of the 2012 Act; ^F156]

[^F51 “ vaccine damage payment ” means a payment made under the Vaccine Damage Payments Act 1979 ; ^F51]

[^F157 “ the Victims of Overseas Terrorism Compensation Scheme ” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010 ; ^F157]

“ voluntary organisation ” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;

^F158...

[^F159 “war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 ; ^F159]

[^F159 “war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension; ^F159]

[^F159 “war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person; ^F159]

[^F159 “war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person; ^F159]

“ water charges ” means—

^M34in so far as such charges are in respect of the dwelling which a person occupies as his home;

[^F160 “the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017; ^F160]

[^F161 “ Welfare Reform Act ” means the Welfare Reform Act 2007 ; ^F161]

[^F19 “Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020 ; ^F19]

“ working tax credit ” means a working tax credit under section 10 of the Tax Credits Act;

^M35 “ Working Tax Credit Regulations ” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ;

[^F162 “ young individual ” means a single claimant who has not attained the age of 25 years, but does not include such a claimant—

[^F162 “young individual” means a single claimant who has not attained the age of [^F164 35 years ^F164] , but does not include such a claimant—

“ young person ” has the meaning prescribed in regulation 19(1)(persons of prescribed description) .

[^F175 (1A) This paragraph applies to a claimant (“C”) if—

(a)C has, for a total of at least 3 months (whether or not continuously), occupied as his home one or more hostels for homeless people; and

(b)whilst occupying such a hostel, C has been offered and has accepted support services with a view to assisting him to be rehabilitated or resettled within the community.

(1B) For the purposes of determining whether C meets the condition in paragraph (1A)(a), “hostel for homeless people” means a hostel, as defined in paragraph (1), the main purpose of which is to provide accommodation together with care, support or supervision for homeless people with a view to assisting such persons to be rehabilitated or resettled within the community.

(1C) This paragraph applies—

(a) in England and Wales, to a claimant (“C”) if C is the subject of active multi-agency management pursuant to arrangements established by a responsible authority under section 325(2) of the Criminal Justice Act 2003 (arrangements for assessing etc. risks posed by certain offenders); or

(b) in Scotland, to a claimant (“C”) if C is—

(i)the subject of local inter-agency risk management or management by the multi-agency public protection panel pursuant to arrangements established by the responsible authorities under section 10(1) of the Management of Offenders etc. (Scotland) Act 2005 (arrangements for assessing and managing risks posed by certain offenders); or

(ii)a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(b) or (d) has not been brought fully into force and C is considered by the relevant authority to be a person who may cause serious harm to the public at large; or

(iii)a person to whom section 10(1) of that Act does not apply by reason only of the fact that section 10(1)(e) has not been brought fully into force and who has been convicted of an offence, if by reason of that conviction, C is considered by the relevant authority to be a person who may cause serious harm to the public at large.^F175]

(2) References in these Regulations to a person who is liable to make payments shall include references to a person who is treated as so liable under regulation 8 (circumstances in which a person is to be treated as liable to make payments in respect of a dwelling).

(3) For the purposes of these Regulations, a person is on an income-based jobseeker's allowance on any day in respect of which an income-based jobseeker's allowance is payable to him and on any day—

(a)^M38in respect of which he satisfies the conditions for entitlement to an income-based jobseeker's allowance but where the allowance is not paid in accordance with [^F176regulation 27A of the Jobseeker’s Allowance Regulations or^F176] section 19 or 20A [^F177or regulations made under section 17A^F177] of the Jobseekers Act (circumstances in which a jobseeker's allowance is not payable); or

(b)which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Act and which falls immediately before a day in respect of which an income-based jobseeker's allowance is payable to him or would be payable to him but for [^F178regulation 27A of the Jobseeker’s Allowance Regulations or^F178] section 19 or 20A [^F179or regulations made under section 17A^F179] of that Act; or

(c)in respect of which he is a member of a joint-claim couple for the purposes of the Jobseekers Act and no joint-claim jobseeker's allowance is payable in respect of that couple as a consequence of either member of that couple being subject to sanctions for the purposes of section 20A of that Act; or

(d)^F180,M39in respect of which an income-based jobseeker's allowance or a joint-claim jobseeker's allowance would be payable but for a restriction imposed pursuant to ... [^F181section 6B, 7, 8 or 9^F181] of the Social Security Fraud Act 2001 (loss of benefit provisions).

[^F182 (3A) For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—

(a)in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or

(b)which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.^F182]

[^F183 (3B) For the purposes of these Regulations, a person (“P”) is on universal credit on any day in respect of which P is entitled to universal credit (whether it is in payment or not). ^F183]

(4) For the purposes of these Regulations, the following shall be treated as included in a dwelling—

(a)subject to sub-paragraphs (b) to (d) any land (whether or not occupied by a structure) which is used for the purposes of occupying a dwelling as a home where either—

(i)the occupier of the dwelling acquired simultaneously the right to use the land and the right to occupy the dwelling, and, in the case of a person liable to pay rent for his dwelling, he could not have occupied that dwelling without also acquiring the right to use the land; or

(ii)the occupier of the dwelling has made or is making all reasonable efforts to terminate his liability to make payments in respect of the land;

(b)where the dwelling is a caravan or mobile home, such of the land on which it stands as is used for the purposes of the dwelling;

(c)where the dwelling is a houseboat, the land used for the purposes of mooring it;

(d)^M40where in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 , the croft land on which it is situated or to which it pertains.

[^F184 (5) References in these Regulations to a claimant participating as a service user are to—

(a)a person who is being consulted by or on behalf of—

(i)a body which has a statutory duty to provide services in the field of health, social care or social housing; or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such services,

in their capacity as a user, potential user, carer of a user or person otherwise affected by the provision of those services; or

[^F185 (ab)a person who is being consulted by or on behalf of—

(i)the Secretary of State in relation to any of the Secretary of State’s functions in the field of social security or child support or under section 2 of the Employment and Training Act 1973; or

(ii)a body which conducts research or undertakes monitoring for the purpose of planning or improving such functions,

in their capacity as a person affected or potentially affected by the exercise of those functions or the carer of such a person;^F185]

(b)the carer of a person consulted under [^F186 sub-paragraphs (a) or (ab)^F186] .^F184]

[^F187 (6) For the purpose of these Regulations, reference to a member of a couple who can share a bedroom is to a member of a couple where the other member of the couple is a member of a couple who cannot share a bedroom.^F187]

Definition of non-dependant

3. —(1) In these Regulations, “ non-dependant ” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant or with whom a claimant normally resides.

(2) This paragraph applies to—

(a)any member of the claimant's family;

(b)if the claimant is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;

(c)a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 21 (circumstances in which a person is to be treated as being or not being a member of the same household);

(d)subject to paragraph (3), a person who jointly occupies the claimant's dwelling and is either a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling;

(e)subject to paragraph (3)—

(i)any person who is liable to make payments on a commercial basis to the claimant or the claimant's partner in respect of the occupation of the dwelling;

(ii)any person to whom or to whose partner the claimant or the claimant's partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling; or

(iii)any other member of the household of the person to whom or to whose partner the claimant or the claimant's partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;

(f)a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person.

(3) Sub-paragraphs (d) and (e) of paragraph (2) shall not apply to any person who is treated as if he were not liable to make payments in respect of a dwelling under paragraph (1) of regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling).

(4) For the purposes of this regulation [^F188 , regulations 9 and 13(6)(c) and the definition of “linked person” in regulation 2 ^F188] a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area within the meaning prescribed in paragraph 8 of Schedule 1 but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

Cases in which section 1(1A) of the Administration Act is disapplied

4. Section 1(1A) of the Administration Act (requirement to state national insurance number) shall not apply—

(a)to a claim for housing benefit where the person making the claim, or in respect of whom the claim is made, is liable to make payments in respect of a dwelling which is a hostel;

(b)to any child or young person in respect of whom housing benefit is claimed.

[^F189 (c)to a person who—

(i)is a person in respect of whom a claim for housing benefit is made;

(ii)is subject to immigration control within the meaning of section 115(9)(a) of the Immigration and Asylum Act;

(iii)is a person from abroad for the purposes of these Regulations as defined in regulation 10(2); and

(iv)has not previously been allocated a national insurance number.^F189]

Persons who have attained the qualifying age for state pension credit

5.—(1) These Regulations apply to a person who—

(a)has not attained the qualifying age for state pension credit; or

(b)has attained the qualifying age for state pension credit if he, or if he has a partner, his partner, is a person [^F190on universal credit,^F190] on income support [^F191, on an income-based jobseeker's allowance or on an income-related employment and support allowance^F191] .

^F192(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Except as provided in [^F193paragraph (1)^F193] , these Regulations shall not apply in relation to any person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit.

Remunerative work

6.—(1) Subject to the following provisions of this regulation, a person shall be treated for the purposes of these Regulations as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.

(2) Subject to paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—

(a)if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

(b)in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person's weekly average hours of work to be determined more accurately.

(3) Where, for the purposes of paragraph (2)(a), a person's recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.

(4) Where no recognisable cycle has been established in respect of a person's work, regard shall be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.

(5) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

(6) A person on income support[^F194 , an income-based jobseeker's allowance or an income-related employment and support allowance^F194] for more than 3 days in any benefit week shall be treated as not being in remunerative work in that week.

(7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave[^F195 , shared parental leave^F195][^F196 , parental bereavement leave^F196][^F197 , neonatal care leave^F197] or adoption leave, or is absent from work because he is ill.

(8) A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—

(a)a sports award has been made, or is to be made, to him; and

(b)no other payment is made or is expected to be made to him.

PART 2 Provisions affecting entitlement to housing benefit

Circumstances in which a person is or is not to be treated as occupying a dwelling as his home

7.—(1) Subject to the following provisions of this regulation, a person shall be treated as occupying as his home the dwelling normally occupied as his home—

(a)by himself or, if he is a member of a family, by himself and his family; or

(b)if he is polygamously married, by himself, his partners and any child or young person for whom he or any partner of his is responsible and who is a member of that same household,

and shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as a person's home for the purpose of paragraph (1) regard shall be had to any other dwelling occupied by that person or any other person referred to in paragraph (1) whether or not that dwelling is in Great Britain.

(3) Where a single claimant or a lone parent is a student, other than one to whom regulation 56(1) applies (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling), or is on a training course and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or, his training course, or as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make such payments.

(4) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home, and is liable to make payments (including payments of mortgage interest or, in Scotland, payments under heritable securities or, in either case, analogous payments) in respect of either (but not both) the dwelling which he normally occupied as his home or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

^M41(5) Where a person is required to reside in a dwelling which is a bail hostel or probation hostel approved by the Secretary of State under [^F198section 13 of the Offender Management Act 2007^F198] , he shall not be treated as occupying that dwelling as his home.

(6) Where a person is liable to make payments in respect of two (but not more than two) dwellings, he shall be treated as occupying both dwellings as his home only—

(a)for a period not exceeding 52 weeks in the case where he has left and remains absent from the former dwelling occupied as his home through fear of violence in that dwelling or by a former member of his family and—

(i)it is reasonable that [^F199payments should be made (whether by way of housing benefit or universal credit)^F199] in respect of both his former dwelling and his present dwelling occupied as the home; and

(ii)he intends to return to occupy the former dwelling as his home; or

(b)in the case of a couple or a member of a polygamous marriage, where he or one partner is a student, other than one to whom regulation 56(1) applies (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling), or is on a training course and it is unavoidable that the partners should occupy two separate dwellings and reasonable that housing benefit should be paid in respect of both dwellings; or

(c)in the case where, because of the number of persons referred to in paragraph (1), they have been housed by a housing authority in two separate dwellings; or

(d)in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks[^F200 from the date on which he moved^F200] if he could not reasonably have avoided liability in respect of two dwellings; or

(e)in the case where a person—

(i) is treated by virtue of paragraph (8) as occupying a dwelling as his home (“ the new dwelling ”) and sub-paragraph (c)(i) of that paragraph applies; and

(ii)he has occupied another dwelling as his home on any day within the period of 4 weeks immediately preceding the date he moved to the new dwelling,

for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.

(7) Where—

(a) a person has moved into a dwelling for which he is not liable to make payments (“ the new dwelling ”); and

(b) immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home (“the former dwelling”); and

(c)that liability continues after he has moved into the new dwelling,

he shall be treated as occupying the former dwelling as his home for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.

(8)[^F201 Where^F201] —

(a)[^F202 a person^F202] has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in; and

[^F203 (b)either—

(i)that person had claimed housing benefit before moving in and either no decision has yet been made on that claim or it has been refused but a further claim has been made or treated as made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home; or

(ii)that person notified the move to the new dwelling as a change of circumstances under regulation 88 (duty to notify changes of circumstances) before the move, or the move to the new dwelling was otherwise notified before the move under that regulation; and^F203]

(c)the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i)that delay was necessary in order to adapt the dwelling to meet the disablement needs of that person or any member of his family; or

(ii)^F206the move was delayed pending [^F204local welfare provision or^F204] the outcome of an application under [^F205Part 8^F205] of the Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant's family is aged 5 or under or the claimant's applicable amount includes a premium under paragraph ...12, 14 or 16 of Schedule 3 [^F207or a component under paragraph ^F208... 24 of that Schedule [^F209 or the claimant or the claimant’s partner is a member of the work-related activity group^F209,F207]] ; or

(iii)the claimant became liable to make payments in respect of the dwelling while he was a patient or in residential accommodation,

[^F210 the person shall be treated^F210] as occupying the dwelling as his home for any period not exceeding 4 weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(9) Where a person is treated by virtue of paragraph (8) as occupying a dwelling as his home in respect of the period before moving in, his claim for housing benefit in respect of that dwelling shall be treated as having been made on either—

(a)in the case of a claim in respect of which a decision has not yet been made the date that claim was or was treated as made in accordance with regulation 83 (time and manner in which claims are to be made); or

(b)in the case of a claim for housing benefit in respect of that dwelling which has been refused and a further claim was or was treated as made in accordance with Part 10 (claims) within 4 weeks of the date on which he moved into the dwelling, the date on which the claim was refused or was treated as made; or

(c)the date from which he is treated by virtue of paragraph (8) as occupying the dwelling as his home,

whichever of those dates is the later.

(10) Where a person to whom neither paragraph (6)(a) nor (16)(c)(x) applies—

(a)formerly occupied a dwelling but has left and remains absent from it through fear of violence—

(i)in the dwelling; or

(ii)by a person who was formerly a member of the family of the person first mentioned; and

(b)has a liability to make payments in respect of that dwelling which is unavoidable,

he shall be treated as occupying the dwelling as his home for a period not exceeding 4 benefit weeks.

(11) This paragraph shall apply to a person who enters residential accommodation[^F211 in Great Britain^F211] —

(a)for the purpose of ascertaining whether the accommodation suits his needs; and

(b)with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs; and

(c)while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.

(12) A person to whom paragraph (11) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters [^F212the residential accommodation^F212] .

[^F213 (13) Subject to paragraphs (13B) and (17), where a person is temporarily absent within Great Britain from his main dwelling, he shall be treated as occupying that dwelling as his home whilst he is so absent, subject to an overall limit of a period of 13 weeks beginning with the first day of the absence from the main dwelling, provided that—

(a)the person intends to return to occupy the main dwelling as his home;

(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and

(c)the period of the absence within Great Britain is unlikely to extend beyond the overall limit.^F213]

[^F214 (13A) The period of 13 weeks referred to in paragraph (13) shall run or continue to run during any period of absence from Great Britain.

(13B) Where—

(a)a person returns to Great Britain after a period of absence from Great Britain;

(b)he has been absent from the main dwelling for less than 13 weeks beginning with the first day of absence from that dwelling; and

(c)at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,

then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (13).

(13C) This paragraph applies to a person who is temporarily absent from Great Britain and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.

(13D) Subject to paragraphs (13E), (13G), [^F215 (17C), (17D) and (17E)^F215] a person to whom paragraph (13C) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of that absence from Great Britain, provided that—

(a)the person intends to return to occupy the main dwelling as his home;

(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and

(c)the period of absence outside Great Britain is unlikely to exceed 4 weeks.

(13E) If the temporary absence from the main dwelling is in connection with the death of—

(a)the person’s partner or a child or young person for whom the person or the person’s partner is responsible;

(b)the person’s close relative;

(c)the close relative of the person’s partner; or

(d)the close relative of a child or young person for whom the person or the person’s partner is responsible,

then the period of 4 weeks in the opening words of paragraph (13D) may be extended by up to 4 further weeks if the relevant authority considers it unreasonable to expect the person to return to Great Britain within the first 4 weeks (and so that the reference in sub-paragraph (c) of that paragraph to a period of 4 weeks shall, where the period is extended, be taken as referring to the period as so extended).

(13F) This paragraph applies to a person who is temporarily absent from Great Britain as a member of Her Majesty’s forces posted overseas, a mariner or a continental shelf worker, and who occupied the main dwelling as his home, or was treated as occupying that dwelling as his home, immediately before the period of absence from Great Britain.

(13G) A person to whom paragraph (13F) applies shall be treated as occupying the main dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of that absence from Great Britain, provided that—

(a)the person intends to return to occupy the main dwelling as his home;

(b)the part of the main dwelling normally occupied by the person has not been let or, as the case may be, sub-let; and

(c)the period of absence outside Great Britain is unlikely to exceed 26 weeks.^F214]

(14) This paragraph applies to a person who is—

(a)^M42,M43,M44detained in custody pending sentence upon conviction or under a sentence imposed by a court, other than a person who is detained in hospital under the provisions of the Mental Health Act 1983 , or, in Scotland, under the provisions of the Mental Health (Care and Treatment) (Scotland) Act 2003 or the Criminal Procedure (Scotland) Act 1995 ; and

(b)^M45,M46on temporary release from such detention in accordance with Rules made under the provisions of [^F216the Prison Act 1952 or^F216] the Prisons (Scotland) Act 1989.

(15) Where paragraph (14) applies to a person, then, for any day when he is on temporary release—

(a)if such temporary release was immediately preceded by a period of temporary absence under paragraph (13) or (16), he shall be treated as if he continues to be absent from the dwelling, despite any occupation of the dwelling;

(b)for the purposes of paragraph (16)(c)(i), he shall be treated as if he remains in detention; and

(c)if he does not fall within sub-paragraph (a), he shall be treated as if he does not occupy his dwelling as his home despite any such occupation of the dwelling.

(16) This paragraph shall apply to a person who is temporarily absent from the [^F217main dwelling^F217] , if—

(a)he intends to return to occupy the [^F218main dwelling^F218] as his home; and

(b)while the part of the [^F219main dwelling^F219] which is normally occupied by him has not been let, or as the case may be, sublet; and

(c)he is—

[^F220 (i)a person to whom paragraph (16A) applies;^F220]

(ii)resident in a hospital or similar institution as a patient; or

(iii)^F221undergoing, or as the case may be, his partner or his dependant child is undergoing ... , medical treatment, or medically approved convalescence, in accommodation other than residential accommodation; or

(iv)^F222following ... , a training course; or

(v)^F223undertaking medically approved care of a person ... ; or

(vi)undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment; or

(vii)^F224a person who is ... , receiving medically approved care provided in accommodation other than residential accommodation; or

(viii)a student to whom paragraph (3) or (6)(b) does not apply; or

(ix)a person who is receiving care provided in residential accommodation other than a person to whom paragraph (11) applies; or

(x)a person who has left the dwelling he occupies as his home through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned, and to whom paragraph (6)(a) does not apply; and

[^F225 (d)in the case of—

(i)absence within Great Britain, any period of absence from the dwelling is unlikely to extend beyond or, in exceptional circumstances is unlikely substantially to extend beyond, an overall limit of 52 weeks beginning with the first day of the absence from the dwelling;

(ii)absence from Great Britain by a person to whom any of sub-paragraphs (c)(ii), (iii), (vii) or (x) apply, any period of absence from Great Britain is unlikely to exceed or, in exceptional circumstances is unlikely substantially to exceed, 26 weeks beginning with the first day of the absence from Great Britain; or

(iii)absence from Great Britain by a person to whom paragraph (ii) of this sub-paragraph does not apply, any period of absence from Great Britain is unlikely to exceed or, in exceptional circumstances is unlikely substantially to exceed, 4 weeks beginning with the first day of absence from Great Britain.^F225]

[^F226 (16A) This paragraph applies to a person (“P”) who is—

(a)detained in custody on remand pending trial;

(b)detained pending sentence upon conviction; or

(c)as a condition of bail required to reside—

(i)in a dwelling, other than a dwelling P occupies as P’s home; or

(ii)in premises approved under section 13 of the Offender Management Act 2007,

and who is not also detained in custody following sentence upon conviction.^F226]

[^F227 (17) Subject to paragraph (17B), a person to whom paragraph (16) applies who is absent within Great Britain, shall be treated as occupying the main dwelling as his home whilst he is so absent, subject to an overall limit of a period of 52 weeks beginning with the first day of the absence from the dwelling.^F227]

[^F228 (17A) The period of 52 weeks referred to in paragraph (17) shall run or continue to run during any period of absence from Great Britain.

(17B) Where—

(a)a person returns to Great Britain after a period of absence from Great Britain;

(b)he has been absent from the main dwelling for less than 52 weeks beginning with the first day of absence from that dwelling; and

(c)at the outset of, or during, the period of absence from Great Britain, he ceased to be treated as occupying the main dwelling as his home,

then, for any day that follows the period of absence from Great Britain and precedes his return to the main dwelling, he shall not be treated as occupying the main dwelling as his home under paragraph (17).

(17C) A person to whom paragraph (16) applies who—

(a)is a person described in any of sub-paragraphs (c)(ii), (iii), (vii) or (x) of that paragraph;

(b)is temporarily absent from Great Britain; and

(c)immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,

shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 26 weeks beginning with the first day of the absence from Great Britain.

(17D) A person to whom paragraph (16) applies who—

(a)is a person described in any of sub-paragraphs (c)(i), (iv), (v), (vi), (viii) or (ix) of that paragraph;

(b)is temporarily absent from Great Britain; and

(c)immediately before that period of temporary absence, occupied the main dwelling as his home or was treated as so occupying that dwelling,

shall be treated as occupying that dwelling as his home whilst he is absent from Great Britain, for a period not exceeding 4 weeks beginning with the first day of the absence from Great Britain.^F228]

[^F229 (17E) A person who is absent from Great Britain is treated as occupying the main dwelling as his home during the first 26 weeks of the absence if—

(a)the person was present in a country or territory immediately before His Majesty’s Government—

(i)provided public information to advise British nationals to leave that country or territory, or

(ii)arranged the evacuation of British nationals from that country or territory;

(b)paragraphs (13A), (13D), (13E), (13G), (17A), (17C) or (17D) applied to the person when the public information was issued or the evacuation began;

(c)the relevant authority is satisfied that it would be unreasonable to expect the person to return, or have returned, to Great Britain; and

(d)the person did not enter that country or territory when His Majesty’s Government’s public information was to advise British nationals to leave that country or territory.^F229]

[^F229 (17F) Where a person is temporarily absent from Great Britain, except where the circumstances in paragraph (17A) apply, the total period of absence where the person is treated as occupying the main dwelling as his home will not exceed 26 weeks.^F229]

(18) In this regulation—

[^F230 “continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998 ;

“designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;

“main dwelling” means the dwelling that a person normally occupies as his home;

“mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—

“ medically approved ” means certified by a medical practitioner;

[^F231 “member of Her Majesty’s forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006 ), who is absent from the main dwelling because the person has been posted outside of Great Britain to perform the duties of a member of Her Majesty’s regular forces or reserve forces; ^F231]

“ patient ” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;

[^F232 “prescribed area” means any area over which Norway or any member State ^F233 ... exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998 ; ^F232]

“ residential accommodation ” means accommodation which is provided in—

“ training course ” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, [^F234 Skills Development Scotland, ^F234] Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling

8.—(1) Subject to regulation 9 (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling), the following persons shall be treated as if they were liable to make payments in respect of a dwelling—

(a)the person who is liable to make those payments;

(b)a person who is a partner of the person to whom sub-paragraph (a) applies;

(c)a person who has to make the payments if he is to continue to live in the home because the person liable to make them is not doing so and either—

(i)he was formerly a partner of the person who is so liable; or

(ii)he is some other person whom it is reasonable to treat as liable to make the payments;

(d)a person whose liability to make such payments is waived by his landlord as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out but this sub-paragraph shall apply only for a maximum of 8 benefit weeks in respect of any one waiver of liability;

(e)a person who is a partner of a student to whom regulation 56(1) (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) applies.

(2) A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period and, where the amount which a person is liable to pay in respect of a period is varied either during or after that period, he shall, subject to regulations 79 to 81 (dates of relevant changes of circumstances, weekly amounts and housing benefit for rent free periods), be treated as liable to pay the amount as so varied during the whole of that period.

Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling

9.—(1) A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where—

(a)the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;

(b)his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;

(c)his liability under the agreement is—

(i)to his former partner and is in respect of a dwelling which he and his former partner occupied before they ceased to be partners; or

(ii)to his partner's former partner and is in respect of a dwelling which his partner and his partner's former partner occupied before they ceased to be partners;

(d)he is responsible, or his partner is responsible, for a child of the person to whom he is liable under the agreement;

(e)subject to paragraph (3), his liability under the agreement is to a company or a trustee of a trust of which—

(i)he or his partner;

(ii)his or his partner's close relative who resides with him; or

(iii)his or his partner's former partner;

is, in the case of a company, a director or an employee, or, in the case of a trust, a trustee or a beneficiary;

(f)his liability under the agreement is to a trustee of a trust of which his or his partner's child is a beneficiary;

(g)subject to paragraph (3), before the liability was created, he was a non-dependant of someone who resided, and continues to reside, in the dwelling;

(h)he previously owned, or his partner previously owned, the dwelling in respect of which the liability arises and less than five years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;

[^F235 (ha)he or his partner—

(i)was a tenant under a long tenancy in respect of the dwelling; and

(ii)less than five years have elapsed since that tenancy ceased,

except where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing the tenancy;^F235]

(i)his occupation, or his partner's occupation, of the dwelling is a condition of his or his partner's employment by the landlord;

(j)he is a member of, and is wholly maintained (disregarding any liability he may have to make payments in respect of the dwelling he occupies as his home) by, a religious order;

(k)he is in residential accommodation;

(l)in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under Part 7 of the Act.

(2) In determining whether a tenancy or other agreement pursuant to which a person occupies a dwelling is not on a commercial basis regard shall be had inter alia to whether the terms upon which the person occupies the dwelling include terms which are not enforceable at law.

(3) Sub-paragraphs (e) and (g) of paragraph (1) shall not apply in a case where the person satisfies the appropriate authority that the liability was not intended to be a means of taking advantage of the housing benefit scheme.

(4) In this regulation “ residential accommodation ” means accommodation which is provided in—

(a)a care home; or

(b)an independent hospital.

Persons from abroad_cross-notes

^M4710.—(1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1 (treatment of claims for housing benefit by refugees) apply.

[^F236 (2) In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(3) No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (3A) [^F237 or (3AA)^F237] .

(3A) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

(a)regulation 13 of the [^F238 Immigration (European Economic Area) Regulations 2016^F238] ;

(b)regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—

(i) a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or

(ii)a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker; [^F239or^F239]

[^F240 (bb)regulation 16 of those Regulations, but only in a case where the right exists under that regulation because the person satisfies the criteria in paragraph (5) of that regulation;^F240]

^F241(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F241(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F241(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F242 (3AA) A right to reside falls within this paragraph if it exists by virtue of a person having been granted limited leave to enter, or remain in, the United Kingdom under the Immigration Act 1971 by virtue of—

(a)Appendix EU to the immigration rules made under section 3(2) of that Act; ^F243...

(b)being a person with a Zambrano right to reside as defined in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of that Act^F242] [^F244 ; or

(c)having arrived in the United Kingdom with an entry clearance that was granted under Appendix EU (Family Permit) to the immigration rules made under section 3(2) of that Act.^F244]

[^F245 (3AB) Paragraph (3AA)(a) does not apply to a person who—

(a)has a right to reside granted by virtue of being a family member of a relevant person of Northern Ireland; and

(b)would have a right to reside under the Immigration (European Economic Area) Regulations 2016 if the relevant person of Northern Ireland were an EEA national, provided that the right to reside does not fall within paragraph (3A).^F245]

(3B) A person is not a person from abroad if he is—

[^F246 (zza)a person granted leave in accordance with the immigration rules made under section 3(2) of the Immigration Act 1971, where such leave is granted by virtue of—

(i)the Afghan Relocations and Assistance Policy; or

(ii)the previous scheme for locally-employed staff in Afghanistan (sometimes referred to as the ex-gratia scheme);

(zzb)a person in Great Britain not coming within sub-paragraph (zza) or [^F247 (h)^F247] who left Afghanistan in connection with the collapse of the Afghan government that took place on 15th August 2021;^F246]

[^F248 (zzc)a person in Great Britain who was residing in Ukraine immediately before 1st January 2022, left Ukraine in connection with the Russian invasion which took place on 24th February 2022 and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971; ^F249...

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act [^F250 or^F250] ;^F248]

[^F251 (iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;^F251]

[^F252 (zzd)a person who was residing in Sudan before 15th April 2023, left Sudan in connection with the violence which rapidly escalated on 15th April 2023 in Khartoum and across Sudan and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;^F252]

[^F253 (zze)a person who was residing in Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon immediately before 7th October 2023, who left Israel, the West Bank, the Gaza Strip, East Jerusalem, the Golan Heights or Lebanon in connection with the Hamas terrorist attack in Israel on 7th October 2023 or the violence which rapidly escalated in the region following the attack and—

(i)has been granted leave in accordance with immigration rules made under section 3(2) of the Immigration Act 1971;

(ii)has a right of abode in the United Kingdom within the meaning given in section 2 of that Act; or

(iii)does not require leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act;^F253]

[^F254 (zzf)a person who—

(i)was residing in a country or territory outside Great Britain immediately before His Majesty’s Government—

(aa)provided public information to advise British nationals to leave that country or territory, or

(bb)arranged the evacuation of British nationals from that country or territory;

(ii)has left that country or territory and is present in Great Britain; and

(iii)has—

(aa)a right of abode in the United Kingdom within the meaning given in section 2 of the Immigration Act 1971,

(bb)no requirement of leave to enter or remain in the United Kingdom in accordance with section 3ZA of that Act,

(cc)leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of that Act, or

(dd)leave on a discretionary basis outside of rules made under section 3(2) of that Act; or^F254]

[^F254 (zzg)a person who, as part of a safe and legal humanitarian immigration route, has leave to enter or remain in the United Kingdom in accordance with immigration rules made under section 3(2) of the Immigration Act 1971 or leave on a discretionary basis outside of rules;^F254]

[^F255 (za)a qualified person for the purposes of regulation 6 of the [^F256 Immigration (European Economic Area) Regulations 2016^F256] as a worker or a self-employed person;

(zb)a family member of a person referred to in sub-paragraph (za); ^F257...

(zc)a person who has a right to reside permanently in the United Kingdom by virtue of regulation 15(1)(c), (d) or (e) of those Regulations;^F255]

[^F258 (zd)a family member of a relevant person of Northern Ireland, with a right to reside which falls within paragraph (3AA)(a), provided that the relevant person of Northern Ireland falls within sub-paragraph (za), or would do so but for the fact that they are not an EEA national;^F258]

[^F259 (ze)a frontier worker within the meaning of regulation 3 of the Citizens' Rights (Frontier Workers) (EU Exit) Regulations 2020;

(zf)a family member, of a person referred to in sub-paragraph (ze), who has been granted limited leave to enter, or remain in, the United Kingdom by virtue of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971;^F259]

(g)a refugee;

[^F260 (h)a person who has been granted leave or who is deemed to have been granted leave outside the rules made under section 3(2) of the Immigration Act 1971^F260] ^F261...

^F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F261. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(hh)[^F262 a person who has humanitarian protection granted under those rules;^F262]

(i)a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;

^F263(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F264(jj). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)in receipt of income support ^F265[^F266 ... or on an income-related employment and support allowance^F266] .^F236]

[^F267 (l)in receipt of an income-based jobseeker’s allowance and has a right to reside other than a right to reside falling within paragraph (3A).^F267]

[^F268 (3C) Paragraph (3B)(zzf) does not apply after the expiry of 6 months beginning on the day on which the public information issued, or the evacuation is started.^F268]

^F269(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

^F270(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) In this regulation—

^F271...

[^F272 “EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016 ; ^F272]

[^F272 “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3AB) and (3B)(zd); ^F272]

^M48 “ refugee ” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees;

[^F273 “ relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971 . ^F273]

[^F274 (7) References in this regulation to the Immigration (European Economic Area) Regulations 2016 are to be read with Schedule 4 to the Immigration and Social Security Co-ordination (EU Withdrawal) Act 2020(Consequential, Saving, Transitional and Transitory Provisions) Regulations 2020.^F274]

PART 3 Payments in respect of a dwelling

Eligible housing costs

11.—(1)[^F275 Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant's maximum housing benefit shall be calculated under Part 8 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with regulations 12(3) and (7) and 13 (rent and maximum rent).^F275]

[^F275 Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) (rent) and a claimant’s maximum housing benefit shall be calculated under Part 8 (amount of benefit) by reference to the amount of his eligible rent determined in accordance with—

(a)regulation 12B (eligible rent);

[^F276 (ab)regulations 12BA (eligible rent and maximum rent (social sector)), A13 (when a maximum rent (social sector) is to be determined) and B13 (determination of a maximum rent (social sector));^F276]

(b)regulations 12C (eligible rent and maximum rent), 13 (maximum rent), 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent);

(c)regulations 12D (eligible rent and maximum rent (LHA)), 13C (when a maximum rent (LHA) is to be determined) and 13D (determination of a maximum rent (LHA)); or

(d)regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

whichever is applicable in his case.^F275]

(2) Subject to paragraph (4), housing benefit shall not be payable in respect of payments made by a person on income support[^F277 , an income-based jobseeker's allowance or an income-related employment and support allowance^F277] whose applicable amount for that benefit includes an amount in respect of those payments.

(3) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 12(1) (payments of rent for which housing benefit is payable), is increased on account of—

(a)outstanding arrears of any payment or charge; or

(b)any other unpaid payment or charge,

to which [^F278paragraphs (1) to (3) of that regulation^F278][^F278 paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 12B^F278] or Schedule 1(ineligible service charges) refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.

(4) Where a person who has been awarded housing benefit in respect of a dwelling becomes entitled to income support [^F279, an income-based jobseeker's allowance or an income-related employment and support allowance^F279] and his applicable amount for the purpose of calculating his entitlement to that benefit includes an amount in respect of a payment made by him in respect of that dwelling, the payments made by him in respect of that dwelling shall continue to be eligible for housing benefit for a period of 4 benefit weeks beginning with the benefit week after the date on which he becomes entitled to income support [^F279, an income-based jobseeker's allowance or an income-related employment and support allowance^F279] .

Rent

12.—(1) Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home—

(a)payments of, or by way of, rent;

(b)payments in respect of a licence or permission to occupy the dwelling;

(c)payments by way of mesne profits or, in Scotland, violent profits;

(d)payments in respect of, or in consequence of, use and occupation of the dwelling;

(e)payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;

(f)mooring charges payable for a houseboat;

(g)where the home is a caravan or a mobile home, payments in respect of the site on which it stands;

(h)^M49any contribution payable by a person resident in an almshouse provided by a housing association which is either a charity of which particulars are entered in the register of charities established under section 3 of the Charities Act 1993 (register of charities) or an exempt charity within the meaning of that Act, which is a contribution towards the cost of maintaining that association's almshouses and essential services in them;

(i)payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid; and

(j)^M50where, in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993 , the payment in respect of the croft land.

(2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—

(a)^F280payments under a long tenancy except a shared ownership tenancy...;

(b)payments under a co-ownership scheme;

(c)payments by an owner;

(d)payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; and

(e)payments by a Crown tenant.

[^F281 (f)payments by a person in respect of a dwelling where his partner is an owner of that dwelling.^F281]

[^F282 (2A) Where a reduction in any of the payments listed in paragraph (1) for which a person would otherwise be liable is applied by a provider of social housing under an approved tenant incentive scheme, for the purposes of paragraph (1) the amount of the payment is to be treated as if no such reduction has been applied.

(2B) For the purposes of paragraph (2A)—

“approved tenant incentive scheme” means a scheme which is—

“provider of social housing” means—

“registered social landlord” means—

“social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008 . ^F282]

(3)[^F283 Subject to paragraphs (4), (5) and (7), the amount of a person's eligible rent shall be—

(a)the maximum rent where a maximum rent has been, or falls to be, determined in accordance with regulations 13 (maximum rent); or

(b)except where sub-paragraph (a) applies, the aggregate of such payments specified in paragraph (1) as that person is liable to pay less—

(i)except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6);

(ii)where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and

(iii)where he is liable to make payments in respect of any service charges to which paragraph (1)(e) does not apply, but to which paragraph 3 (2) of Part 1 of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Part 1 of Schedule 1.^F283]

(4)[^F283 Where the payments specified in paragraph (1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion thereof as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.^F283]

(5)[^F283 Where more than one person is liable to make payments in respect of a dwelling, the payments specified in paragraph (1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.^F283]

(6)[^F283 The amount of the deduction referred to in paragraph (3) shall be—

(a)except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges;

(b)in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c)where the charges vary in accordance with the amount of water actually used, the amount which the appropriate authority considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.^F283]

(7)[^F283 In any case where it appears to the authority that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to that authority to be an appropriate rent in that particular case.^F283]

(8) In this regulation [^F284, regulation 12B (eligible rent)^F284] and Schedule 1 (ineligible service charges)—

“ service charges ” means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling; and

“ services ” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling.

[^F285Eligible rent

12B.—(1) The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where any of the following provisions applies—

(a)regulation 12BA (eligible rent and maximum rent (social sector));

(b)regulation 12C (eligible rent and maximum rent);

(c)regulation 12D (eligible rent and maximum rent (LHA));

(d)paragraph 4 of Schedule 3 to the Consequential Provisions Regulations.^F286]

(2) Subject to paragraphs (3), (4) and (6), the amount of a person’s eligible rent shall be the aggregate of such payments specified in regulation 12(1) as that person is liable to pay less—

(a)except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (5);

(b)where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and

(c)where he is liable to make payments in respect of any service charges to which regulation 12(1)(e) does not apply, but to which paragraph 3(2) of Part 1 of Schedule 1 (unreasonably low service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Part 1 of Schedule 1.

(3) Where the payments specified in regulation 12(1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion of those payments as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.

(4) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in regulation 12(1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.

(5) The amount of the deduction referred to in paragraph (2) shall be—

(a)if the dwelling occupied by the claimant is a self-contained unit, except in a case to which sub-paragraph (c) applies, the amount of the charges;

(b)in any other case, except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c)where the charges vary in accordance with the amount of water actually used, the amount which the appropriate authority considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

(6) In any case where it appears to the relevant authority that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to that authority to be an appropriate rent in that particular case.

[^F287Eligible rent and maximum rent (social sector)

12BA.—(1) This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A13 (when a maximum rent (social sector) is to be determined).

(2) Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector).

(3) Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is—

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

(b)in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 12B(2),

where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

(4)[^F288 For the purpose of paragraph (3), a claimant is 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 paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.^F288]

[^F288 For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—

(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) 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 those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.^F288]

(5) Where a person’s eligible rent has been determined in accordance with paragraph (3) (protection on death), it shall apply until the first of the following events occurs—

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

(b)the determination of an eligible rent in accordance with paragraph (3) (protection on death) in relation to a subsequent death;

(c)there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3);

(d)there is a change of dwelling; or

(e)the determination of an eligible rent under regulation 12B.

(6) Where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for the dwelling when they were entered into, the eligible rent is an eligible rent determined in accordance with regulation 12B(2) where that eligible rent is more than the eligible rent determined in accordance with paragraph (2).

(7) Paragraph (6) shall not apply where the claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

(8) Where a person’s eligible rent has been determined in accordance with paragraph (6) (13 week protection), it shall apply until the first of the following events occurs—

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

(b)the determination of an eligible rent in accordance with paragraph (3) (protection on death);

(c)there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (6);

(d)there is a change of dwelling; or

(e)the determination of an eligible rent under regulation 12B.^F287]

Eligible rent and maximum rent

12C.—(1) This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 13 (maximum rent).

(2) Where this regulation applies, except where paragraph (3) applies, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (6) of regulation 12B.

(3) In a case where the maximum rent is derived from a single room rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order the eligible rent shall be the maximum rent subject to paragraphs (3) and (6) of regulation 12B.

Eligible rent and maximum rent ( LHA )

12D.—(1)[^F289 Except where regulation 12M (transitional protection – reduction in LHA) applies,^F289] this regulation applies where, by virtue of paragraphs (2) or (3) of regulation 13C (when a maximum rent (LHA) is to be determined), a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 13D (determination of a maximum rent (LHA)).

(2) Where this regulation applies, except where paragraphs (3)(a) (protection on death) or (5)(a) (13 week protection) apply,—

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

(b)it shall apply until the earlier of—

(i)the determination of a maximum rent (LHA) by virtue of regulation 13C(2)(d) (change of category of dwelling, death or change of dwelling for an LHA case);

(ii)the determination of a maximum rent (LHA) by virtue of regulation 13C(3) (anniversary of LHA date); or

(iii)the determination of a maximum rent by virtue of regulation 13 or an eligible rent under regulation 12B.

(3) Subject to paragraph (7), where the relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a), (b) (new claim on or after 7th April 2008) or (d)(i) or (ii) (change of category of dwelling or death relating to an LHA case) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any linked person, 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 12B(3) (mixed use accommodation), (4) (more than one person liable to make payments) and (6) (discretion in relation to eligible rent), the reckonable rent due on that day; or

(b)the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent determined in accordance with sub-paragraph (a).

(4)[^F290 For the purpose of paragraph (3), 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 paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.^F290]

[^F290 For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if—

(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) 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 those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.^F290]

(5) Subject to paragraphs (6) and (7), where a relevant authority is required to determine a maximum rent (LHA) by virtue of regulation 13C(2)(a) or (b) (new claim on or after 7th April 2008) and the relevant authority is satisfied that the claimant or a linked person 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 12B(2); or

(b)the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent referred to in sub-paragraph (a).

(6) Paragraph (5) shall not apply where a claimant or the claimant’s partner, was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

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

(a)paragraph (3)(a) (protection on death), it shall apply until the first of the following events occurs—

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

(ii)the relevant authority determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 13C(2)(d)(iii) (change of dwelling);

(iii)the determination of an eligible rent in accordance with paragraph (3)(a) (protection on death) in relation to a subsequent death; or

(iv)the determination of a maximum rent by virtue of regulation 13[^F291 , a maximum rent (social sector) by virtue of regulation A13^F291] or an eligible rent under regulation 12B.

(b)paragraph (5)(a) (13 week protection), it shall apply until the first of the following events occurs—

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

(ii)the relevant authority determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 13C(2)(d)(iii) (change of dwelling);

(iii)the determination of an eligible rent in accordance with paragraph (3)(a) (protection on death); or

(iv)the determination of a maximum rent by virtue of regulation 13[^F292 , a maximum rent (social sector) by virtue of regulation A13^F292] or an eligible rent under regulation 12B.

(8) Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) (expiry of protection on death) or (7)(b)(i) (expiry of 13 week protection), the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).^F285]

Transitional protection – larger properties

^F29312L. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional protection – reduction in LHA

^F29412M. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[^F295When a maximum rent (social sector) is to be determined

A13.—(1) Subject to paragraph (2), the relevant authority must determine a maximum rent (social sector) in accordance with regulation B13 (determination of a maximum rent (social sector)) where the relevant authority has not determined, and is not required to determine—

(a)a maximum rent in accordance with regulation 13 (maximum rent); ^F296...

(b)a maximum rent (LHA) by virtue of regulation 13C (when a maximum rent (LHA) is to be determined)[^F297 ; or

(c)an eligible rent in a case where paragraph 4 of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations applies.^F297]

(2) This regulation does not apply—

(a)in a rent allowance case where the tenancy is an excluded tenancy of a type mentioned in any of paragraphs 4 to 11 of Schedule 2 (excluded tenancies) and the landlord is not a registered housing association;

(b)in respect of shared ownership tenancies;

(c)in respect of mooring charges for houseboats and payments in respect of the site on which a caravan or mobile home stands;

(d)where the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or where both have attained that age; or

(e)where the dwelling is temporary accommodation.

[^F298 (f)where—

(i) domestic violence has been inflicted upon or threatened against the claimant or a member of the claimant’s household (“the victim”) by that person’s partner or former partner, or by a relative;

(ii)the victim is not living at the same address as the person who inflicted or threatened the domestic violence, except where that person is a young person as defined in regulation 19 and is a dependant of a member of the claimant’s household; and

(iii)the claimant provides evidence from a person acting in an official capacity which demonstrates that the claimant is living in a property adapted under a sanctuary scheme and—

(aa)the victim’s circumstances are consistent with those of a person who has had domestic violence inflicted upon or threatened against them; and

(bb)the victim has made contact with the person acting in an official capacity in relation with such an incident.^F298]

(3) In this regulation “temporary accommodation” means accommodation of a kind listed in paragraph (4) which the relevant authority makes available to the claimant, or which a registered housing association makes available to the claimant in pursuance of arrangements made with it by the authority—

(a)to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or

(b)to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

(4) The accommodation referred to in paragraph (3) is—

(a)accommodation—

(i)provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or

(ii)provided in a hotel, guest house, lodging house or similar establishment,

but does not include accommodation which is provided in a care home, an independent hospital or a hostel;

(b)accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;

(c)accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.

[^F299 (5) In this regulation—

^F300...

^F300...

“household” means the persons who the relevant authority are satisfied are occupying the claimant’s dwelling as their home;

“person acting in an official capacity” means a health care professional, a police officer, a registered social worker, the victim’s employer, a representative of the victim’s trade union, or any public, voluntary, or charitable body which has had direct contact with the victim in connection with domestic violence;

“provider of social housing” has the meaning given in regulation 12 of these Regulations;

^F300...

^F300...

“sanctuary scheme” means a scheme operated by a provider of social housing enabling victims of domestic violence to remain in their homes through the installation of additional security to the property or the perimeter of the property at which the victim resides. ^F299]

Determination of a maximum rent (social sector) _cross-notes

B13.—(1) The maximum rent (social sector) is determined in accordance with paragraphs (2) to (4).

(2) The relevant authority must determine a limited rent by—

(a)determining the amount that the claimant’s eligible rent would be in accordance with regulation 12B(2) without applying regulation 12B(4) and (6);

(b)where the number of bedrooms in the dwelling exceeds the number of bedrooms to which the claimant is entitled in accordance with [^F301 paragraphs (5) to (7)^F301] , reducing that amount by the appropriate percentage set out in paragraph (3); and

(c)where more than one person is liable to make payments in respect of the dwelling, apportioning the amount determined in accordance with sub-paragraphs (a) and (b) between each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each person.

(3) The appropriate percentage is—

(a)14% where the number of bedrooms in the dwelling exceeds by one the number of bedrooms to which the claimant is entitled; and

(b)25% where the number of bedrooms in the dwelling exceeds by two or more the number of bedrooms to which the claimant is entitled.

(4) Where it appears to the relevant authority that in the particular circumstances of any case the limited rent is greater than it is reasonable to meet by way of housing benefit, the maximum rent (social sector) shall be such lesser sum as appears to that authority to be an appropriate rent in that particular case.

(5) The claimant is entitled to one bedroom for each of the following categories of person whom the relevant authority is satisfied occupies the claimant’s dwelling as their home (and each person shall come within the first category only which is applicable)—

[^F302 (za)a member of a couple who cannot share a bedroom;

(zb)a member of a couple who can share a bedroom;^F302]

(a)a couple^F303...;

(b)a person who is not a child;

[^F304 (ba)a child who cannot share a bedroom;^F304]

(c)two children of the same sex;

(d)two children who are less than 10 years old;

(e)a child,^F295]

^F305...

[^F306 (6) The claimant is entitled to one additional bedroom in any case where—

[^F307 (a)one or more relevant persons in paragraph (9)(a), (b) or (e) is a person who requires overnight care;^F307]

[^F307 (ab)one or more relevant persons in paragraph (9)(c) or (d) is a person who requires overnight care; or^F307]

(b)[^F308 a relevant person is^F308] a qualifying parent or carer.

[^F309 (7) Where—

(a)more than one sub-paragraph of paragraph (6) applies the claimant is entitled to an additional bedroom for each sub-paragraph that applies;

(b)more than one person falls within [^F310 paragraph (6)(b)^F310] the claimant is entitled to an additional bedroom for each person falling within that sub-paragraph, except that where a person and that person’s partner both fall within the same sub-paragraph the claimant is entitled to only one additional bedroom in respect of that person and that person’s partner.^F309]

(8) For the purposes of determining the number of occupiers of the dwelling under paragraph (5), the relevant authority must include any member of the armed forces away on operations who—

(a)is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;

(b)was the claimant’s non-dependant before they became a member of the armed forces away on operations; and

(c)intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.^F306]

[^F311 (9) In this regulation “relevant person” means—

(a)the claimant;

(b)the claimant’s partner;

(c) a person (“P”) other than the claimant or the claimant’s partner who is jointly liable with the claimant or the claimant’s partner (or both) to make payments in respect of the dwelling occupied as the claimant’s home;

(d)P’s partner.^F311]

[^F312 (e)for the purposes of paragraph (6)(a)—

(i)a person (other than the claimant, the claimant’s partner, P or P’s partner) who occupies the claimant’s dwelling as their home;

(ii)a child or young person in respect of whom a relevant person under sub-paragraphs (a) to (e)(i) is a qualifying parent or carer.^F312]

Maximum rent

13.[^F313—(1) Where an authority has applied to the rent officer for a determination in accordance with regulation 14 (requirement to refer to rent officers) and a rent officer has made a determination or redetermination in exercise of the Housing Act functions, the maximum rent shall be determined in accordance with paragraphs (2) to (17).

(2) In a case where the rent officer has determined a claim-related rent, but is not required to notify the authority of a local reference rent or a single room rent, the maximum rent shall be that claim-related rent.

(3) In a case where the rent officer has determined and is required to notify the authority of a local reference rent, the maximum rent shall not exceed twice that local reference rent.

(4) Subject to paragraph (5), in the case of a young individual—

(a)except where sub-paragraph (b) applies, where the rent officer has determined a single room rent and is required to notify the authority of it, the maximum rent shall not exceed that single room rent;

(b)where—

(i)the rent officer has determined a single room rent and a claim-related rent and is required to notify the authority of them;

(ii)the claim-related rent includes payment in respect of meals; and

(iii)the single room rent is greater than the claim-related rent less an amount in respect of meals determined in accordance with paragraph 2 of Part 1 of Schedule 1 (ineligible service charges),

the maximum rent shall not exceed the claim-related rent less that amount in respect of meals.

(5) Paragraph (4) shall not apply in the case of a claimant—

(a)to whom paragraph 4 of Schedule 3 to the Consequential Provisions Regulations (saving provision) applies;

(b)to whom paragraph 14 of Schedule 3 (severe disability premium) applies; or

(c)who has a non-dependant residing with him.

(6) Subject to the limits specified in paragraphs (3) and (4), in a case where the rent officer has determined both a local reference rent of which he is required to notify the authority and a claim-related rent, and—

(a)the claim-related rent is higher than the local reference rent, the maximum rent shall be the local reference rent;

(b)the local reference rent is higher than the claim-related rent, the maximum rent shall be the claim-related rent.

(7) Subject to the limits specified in paragraphs (3) and (4), in a case where the rent officer has determined a local reference rent of which he is required to notify the authority, but has not determined a claim-related rent and the reckonable rent is more than the local reference rent, the maximum rent shall be the local reference rent.

(8) In a case where—

(a)the authority has determined a maximum rent in respect of a dwelling; and

(b)during the award of housing benefit the reckonable rent in respect of that dwelling is reduced to a sum which is less than the reckonable rent at the time that maximum rent was determined,

then—

(i)the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the effective date of a decision adopting a determination of a rent officer where that determination was made in exercise of the Housing Act functions pursuant to an application by the authority under regulation 14(1)(c), (d), (e), (f) or (g); and

(ii)the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the effective date of a decision adopting a determination of a rent officer where that determination was made in exercise of the Housing Act functions pursuant to an application by the authority under regulation 14(1)(c), (d), (e), (f) or (g).

(9) Subject to paragraph (10), in a case where—

(a)a rent officer has made a determination in exercise of the Housing Act functions pursuant to an application by an authority under regulation 14(1)(e); and

(b)subsequent to that determination the reckonable rent for that dwelling is changed,

then in determining a maximum rent in relation to a claim for benefit of a claimant who has a liability to make payments in respect of that dwelling, the authority shall treat the claim-related rent or, as the case may be, reckonable rent to be that determined in or, as the case may be, applicable to, that determination by the rent officer.

(10) Paragraph (9) shall not apply in a case where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if that reckonable rent had not changed; and where this paragraph applies, the maximum rent shall be the reckonable rent, as so reduced.

(11) In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any person to whom paragraph (16)(b) to (d) applied or, had a claim been made, would have applied, the maximum rent shall be either—

(a)the maximum rent which applied before the death occurred; or

(b)in a case where there was no maximum rent, the reckonable rent due before the death occurred,

for a period of 12 months from the date of such a death.

(12) For the purposes of paragraph (11), 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 sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.

(13) In a case where a charge for meals is ineligible to be met by housing benefit under regulation 12(3) and paragraph 1 of Schedule 1, there shall be deducted an amount determined in accordance with paragraph 2 of Schedule 1 in respect of meals in the calculation of a person's maximum rent, except where the maximum rent is derived from a rent officer determination under—

(a)paragraph 3 (exceptional high rents) of Schedule 1 to the Rent Officers Order ^M51 and the notice of claim-related rent states pursuant to paragraph 9(1)(c) of that Schedule that an ineligible payment has not been included in it; or

(b)paragraph 5 (single room rents) of that Schedule.

(14) Subject to paragraph (15), where the relevant authority is satisfied that a person to whom paragraph (16) applies was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant's award of housing benefit.

(15) Paragraph (14) shall not apply where a claimant[^F314 , or the claimant’s partner,^F314] was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of [^F315 the claimant’s^F315] current award of housing benefit.

(16) 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)subject to paragraph (17), any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him.

(17) Paragraph (16)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it.

(18) In this regulation—

“ claim related rent ” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers Order;

“ deduction for meals ” means any amount of a person's otherwise eligible rent which is an ineligible service charge by reason of and within the meaning of paragraph 1(a)(i) of Schedule 1;

“ local reference rent ” means the rent determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order;

“ reckonable rent ” means those payments, which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for this regulation, be eligible for housing benefit plus the amount of any deduction for fuel, deduction for meals or water charges, as the case may be, which that person is liable to pay;

“ single room rent ” means the rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order. ^F313]

[^F313 (1) The maximum rent shall be determined in accordance with paragraphs (2) to (8) where—

(a)a local authority has applied for a determination in accordance with regulation 14 (requirement to refer to rent officers), a redetermination in accordance with regulation 15 or 16, or a substitute determination or substitute redetermination in accordance with regulation 17 and a rent officer has made a determination, redetermination, substitute determination or substitute redetermination in exercise of the Housing Act functions; or

(b)an authority is not required to apply to the rent officer for a determination because—

(i)regulation 14(2)(a) applies; or

(ii)regulation 14(2)(b) applies because paragraph 2(2) of Schedule 2 applies.

(2) In a case where the rent officer has determined a claim-related rent, but is not required to notify the relevant authority of a local reference rent or a single room rent, the maximum rent shall be that claim-related rent.

(3) Subject to the limit specified in paragraph (4), in a case where the rent officer has determined both a local reference rent of which he is required to notify the relevant authority and a claim-related rent, the maximum rent shall be the local reference rent.

(4) In a case to which paragraph 8 of Schedule 3 to the Consequential Provisions Regulations applies, where the rent officer has determined and is required to notify the relevant authority of a local reference rent the maximum rent shall not exceed twice that local reference rent.

(5) Subject to paragraph (6), in the case of a young individual—

(a)except where sub-paragraph (b) applies, where the rent officer has determined a single room rent and is required to notify the relevant authority of it, the maximum rent shall not exceed that single room rent;

(b)where—

(i)the rent officer has determined a single room rent and a claim-related rent and is required to notify the authority of them;

(ii)the claim-related rent includes payment in respect of meals; and

(iii)the single room rent is greater than the claim-related rent less an amount in respect of meals determined in accordance with paragraph 2 of Part 1 of Schedule 1 (ineligible service charges),

the maximum rent shall not exceed the claim-related rent less that amount in respect of meals.

(6) Paragraph (5) shall not apply in the case of a claimant—

(a)to whom paragraph 4 of Schedule 3 to the Consequential Provisions Regulations (saving provision) applies;

(b)to whom paragraph 14 of Schedule 3 (severe disability premium) applies; or

(c)where a non-dependant resides with him.

(7) Where the maximum rent is derived from—

(a)a claim-related rent and the notification under paragraph 9(1)(c) of Schedule 1 to the Rent Officers Order states that an ineligible amount in respect of meals has been included in that claim-related rent; or

(b)a local reference rent and the notification under paragraph 9(1)(da) of Schedule 1 to the Rent Officers Order states that an ineligible amount in respect of meals has been included in that local reference rent,

in determining the maximum rent the relevant authority shall deduct an amount determined in accordance with paragraph 2 of Schedule 1 to these Regulations in respect of meals.

(8) This regulation is subject to regulations 13ZA (protection on death and 13 week protection) and 13ZB (change in reckonable rent).

(9) In this regulation—

“claim-related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers Order ;

“local reference rent” means the rent determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order .

Protection on death and 13 week protection

13ZA.—(1) In a case where the claimant occupies a dwelling which is the same as that occupied by him at the date of death of a linked person, the maximum rent shall be either—

(a)the maximum rent which applied before the death occurred; or

(b)in a case where there was no maximum rent, the reckonable rent due before the death occurred,

for a period of 12 months from the date of such a death.

(2)[^F316 For the purposes of paragraph (1), 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 sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.^F316]

[^F316 For the purpose of paragraph (1), a claimant is treated as occupying the dwelling if—

(a)any of paragraphs (13), (13D) (with (13E) where applicable) or (13G) 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 those paragraphs shall have effect as if sub-paragraph (b) of those paragraphs were omitted; or

(b)any of paragraphs (17), (17C) or (17D) of regulation 7 is satisfied and for that purpose those paragraphs shall have effect as if sub-paragraph (b) of paragraph (16) of that regulation were omitted.^F316]

(3) Subject to paragraph (4), where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, there shall be no maximum rent during the first 13 weeks of the claimant’s award of housing benefit.

(4) Paragraph (3) shall not apply where a claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

Change in reckonable rent

13ZB.—(1) In a case where—

(a)the authority has determined a maximum rent under regulation 13 or 13ZA; and

(b)during the period for which that maximum rent applies the reckonable rent in respect of the dwelling by reference to which that maximum rent was determined is reduced to a sum which is less than that maximum rent,