The Housing Benefit Regulations (Northern Ireland) 2006

• (ea) who has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations or the Employment and Support Allowance Regulations (Northern Ireland) 2016 for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;

• (f) who has a partner who is also a full-time student, if he or that partner is treated as responsible for a child or young person;

• (g) who is a single claimant with whom a child is—

• (i) placed by an authority, as defined in Article 2 of the Children Order, under Article 27(2)(a) of that Order (provision of accommodation and maintenance by an authority for children whom it is looking after) or by a voluntary organisation under Article 75(1)(a) of that Order (provision of accommodation by voluntary organisation), or

• (ii) in the charge of, under paragraph 4 of Schedule 2 to the Criminal Justice (Children) (Northern Ireland) Order 1998[^f00131];

• (h) who is—

• (i) aged under 21 and whose course of study is not a course of higher education;

• (ii) aged 21 and attained that age during a course of study which is not a course of higher education; or

• (iii) a qualifying young person or child within the meaning of section 138 of the Act (child and qualifying young person);

• (i) in respect of whom—

• (i) a supplementary requirement has been determined under paragraph 9 of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2003 or a payment has been made under Article 50(3) of the Education and Libraries (Northern Ireland) Order 1986;

• (ii) an allowance or, as the case may be, bursary has been granted which includes a sum under paragraph (1)(d) of regulation 4 of the Students’ Allowances (Scotland) Regulations 2007 or, as the case may be, under paragraph (1)(d) of regulation 4 of the Education Authority Bursaries (Scotland) Regulations 2007, in respect of expenses incurred;

• (iii) a payment has been made under section 2 of the Education Act 1962[^f00134] or under, or by virtue of regulations made under, the Teaching and Higher Education Act 1998;

• (iv) a grant has been made under regulation 39 of the Education (Student Support) Regulations (Northern Ireland) 2007 or under regulation 37 of the Education (Student Support) Regulations 2008, or

• (v) a supplementary requirement has been determined under paragraph 9 of Schedule 2 to the Education (Mandatory Awards) Regulations 2003,

on account of his disability by reason of deafness; or

• (j) who—

• (i) immediately before 1st September 1990 was in receipt of income support by virtue of paragraph 7 of Schedule 1 to the Income Support Regulations as then in operation, or

• (ii) on or after that date makes a claim for income support or housing benefit (or both) and at any time during the period of 18 months immediately preceding the date of that claim was in receipt of income support either by virtue of that paragraph or regulation 13(2)(b) of those Regulations,

but this sub-paragraph shall cease to apply where the person has ceased to be in receipt of income support for a continuous period of 18 months or more.

• (2A) Paragraph (2)(h)(ii) only applies to a claimant until the end of the course during which the claimant attained the age of 21.

• (3) For the purposes of paragraph (2), once paragraph (2)(e) applies to a full-time student, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.

• (4) In paragraph (2)(h) reference to a course of higher education is a reference to a course of any description mentioned in Schedule 1 to the Further Education (Northern Ireland) Order 1997.

• (5) A full-time student to whom paragraph (2)(i) applies shall be treated as satisfying that sub-paragraph from the date on which he made a request for the supplementary requirement, allowance, bursary or payment, as the case may be.

• (6) Paragraph (1) shall not apply to a full-time student for the period specified in paragraph (7) if—

• (a) at any time during an academic year, with the consent of the relevant educational establishment, he ceases to attend or undertake a course because he is—

• (i) engaged in caring for another person, or

• (ii) ill;

• (b) he has subsequently ceased to be engaged in caring for that person or, as the case may be, he has subsequently recovered from that illness; and

• (c) he is not eligible for a grant or a student loan in respect of the period specified in paragraph (7).

• (7) The period specified for the purposes of paragraph (6) is the period not exceeding one year beginning on the day on which he ceased to be engaged in caring for that other person or, as the case may be, the day on which he recovered from that illness and ending on the day before—

• (a) the day on which he resumes attending or undertaking the course; or

• (b) the day from which the relevant educational establishment has agreed that he may resume attending or undertaking the course,

whichever shall first occur.

Student’s eligible housing costs

54

• (1) Subject to paragraphs (2) to (4), housing benefit shall not be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending.

• (2) Subject to paragraph (4), where the educational establishment itself pays rent for the dwelling occupied by the student as his home to a third party (other than to another educational establishment) the provisions of paragraph (1) shall only apply if rent is payable to an education authority which has provided the dwelling in exercise of its functions as an education authority.

• (3) Where it appears to the relevant authority that an educational establishment has arranged for accommodation to be provided by a person or body other than itself in order to take advantage of the housing benefit scheme, housing benefit shall not be payable during the period of study in respect of payments made to that person or body by a student.

• (4) Housing benefit shall be payable during the period of study in respect of payments made by a student to an educational establishment which the student is attending where the student—

• (a) is one who falls within a category specified in regulation 53(2); or

• (b) would fall within a category specified in regulation 53(2)(b) to (j) if he were a full-time student.

Student partners

55

Where a claimant is not, but his partner is, a student, the provisions of regulation 54 shall apply as if the claimant were a student.

SECTION 3 — Income

Calculation of grant income

56

• (1) The amount of a student’s grant income to be taken into account shall, subject to paragraphs (2) and (3), be the whole of his grant income.

• (2) There shall be disregarded from a student’s grant income any payment—

• (a) intended to meet tuition fees or examination fees;

• (b) in respect of the student’s disability;

• (c) intended to meet additional expenditure connected with term time residential study away from the student’s educational establishment;

• (d) on account of the student maintaining a home at a place other than that at which he resides during his course;

• (e) on account of any other person but only if that person is residing outside of the United Kingdom and there is no applicable amount in respect of him;

• (f) intended to meet the cost of books and equipment;

• (g) intended to meet travel expenses incurred as a result of his attendance on the course;

• (h) intended for the child care costs of a child dependant.

• (i) of higher education bursary for care leavers made under Part III of the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014.

• (3) Where a student does not have a student loan or a postgraduate loan and is not treated as possessing a student loan or a postgraduate loan., there shall be excluded from the student’s grant income—

• (a) the sum of £303 per academic year in respect of travel costs; and

• (b) the sum of £390 per academic year towards the costs of books and equipment,

whether or not any such costs are incurred.

• (4) There shall also be excluded from a student’s grant income the grant for dependants known as the parents’ learning allowance paid pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998 or section 22 of the Teaching and Higher Education Act 1998 or paid under Article 44(2) of the Health and Personal Social Services (Northern Ireland) Order 1972.

• (5) Subject to paragraphs (6) and (7), a student’s grant income shall be apportioned—

• (a) subject to paragraph (8), in a case where it is attributable to the period of study, equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period of study and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study;

• (b) in any other case, equally between the weeks in the period beginning with the benefit week, the first day of which coincides with, or immediately follows, the first day of the period for which it is payable and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period for which it is payable.

• (6) Any grant in respect of dependants under Article 44(2) of the Health and Personal Social Services Order (provisions relating to training) and any amount intended for the maintenance of dependants under Part III of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2003 shall be apportioned equally over the period of 52 weeks or, if there are 53 benefit weeks (including part-weeks) in the year, 53 weeks.

• (7) In a case where a student is in receipt of a student loan or where he could have acquired a student loan by taking reasonable steps but had not done so, any amount intended for the maintenance of dependants to which neither paragraph (6) nor regulation 60(2) apply, shall be apportioned over the same period as the student’s loan is apportioned or, as the case may be, would have been apportioned.

• (8) In the case of a student on a sandwich course, any periods of experience within the period of study shall be excluded and the student’s grant income shall be apportioned equally between the weeks in the period beginning with the benefit week, the first day of which immediately follows the last day of the period of experience and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the period of study.

Calculation of covenant income where a contribution is assessed

57

• (1) Where a student is in receipt of income by way of a grant during a period of study and a contribution has been assessed, the amount of his covenant income to be taken into account for that period and any summer vacation immediately following shall be the whole amount of the covenant income less, subject to paragraph (3), the amount of the contribution.

• (2) The weekly amount of the student’s covenant shall be determined—

• (a) by dividing the amount of income which falls to be taken into account under paragraph (1) by 52 or 53, whichever is reasonable in the circumstances; and

• (b) by disregarding from the resulting amount, £5.

• (3) For the purposes of paragraph (1), the contribution shall be treated as increased by the amount (if any) by which the amount excluded under regulation 56(2)(g) falls short of the amount specified in paragraph 7(2) of Schedule 6 to the Students Awards Regulations (Northern Ireland) 2003 (travel expenditure).

Covenant income where no grant income or no contribution is assessed

58

• (1) Where a student is not in receipt of income by way of a grant the amount of his covenant income shall be calculated as follows—

• (a) any sums intended for any expenditure specified in regulation 56(2)(a) to (e) necessary as a result of his attendance on the course shall be disregarded;

• (b) any covenant income, up to the amount of the standard maintenance grant, which is not so disregarded, shall be apportioned equally between the weeks of the period of study;

• (c) there shall be disregarded from the amount so apportioned the amount which would have been disregarded under regulation 56(2)(f) and (3) had the student been in receipt of the standard maintenance grant; and

• (d) the balance, if any, shall be divided by 52 or 53 whichever is reasonable in the circumstances and treated as weekly income of which £5 shall be disregarded.

• (2) Where a student is in receipt of income by way of a grant and no contribution has been assessed, the amount of his covenanted income shall be calculated in accordance with sub-paragraphs (a) to (d) of paragraph (1), except that—

• (a) the value of the standard maintenance grant shall be abated by the amount of such grant income less an amount equal to the amount of any sums disregarded under regulation 56(2)(a) to (e); and

• (b) the amount to be disregarded under paragraph (1)(c) shall be abated by an amount equal to the amount of any sums disregarded under regulation 56(2)(f) and (g) and (3).

Relationship with amounts to be disregarded under Schedule 6

59

No part of a student’s covenant income or grant income shall be disregarded under paragraph 14 of Schedule 6.

Other amounts to be disregarded

60

• (1) For the purposes of ascertaining income other than grant income, covenant income and loans treated as income in accordance with regulation 61, any amounts intended for any expenditure specified in regulation 56(2), necessary as a result of his attendance on the course shall be disregarded but only if, and to the extent that, the necessary expenditure exceeds or is likely to exceed the amount of the sums disregarded under regulation 56(2) or (3), 57(3), 58(1)(a) or (c) or 61(5) on like expenditure.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Treatment of student loans

61

• (1) A student loan and postgraduate loan shall be treated as income.

• (2) In calculating the weekly amount of the loan to be taken into account as income—

• (a) in respect of a course that is of a single academic year’s duration or less, a loan which is payable in respect of that period shall be apportioned equally between the weeks in the period beginning with—

• (i) except in a case where head (ii) applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of the single academic year;

• (ii) where the student is required to start attending the course in August or where the course is less than an academic year’s duration, the benefit week, the first day of which coincides with, or immediately follows, the first day of the course,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;

• (b) in respect of an academic year of a course which starts other than on 1st September, a loan which is payable in respect of that academic year shall be apportioned equally between the weeks in the period beginning with the benefit week the first day of which coincides with or immediately follows, the first day of that academic year and ending with the benefit week, the last day of which coincides with or immediately precedes, the last day of that academic year but excluding any benefit weeks falling entirely within the quarter during which, in the opinion of the Department, the longest of any vacation is taken and for the purposes of this sub-paragraph, “quarter” shall have the same meaning as for the purposes of the Education (Student Support) Regulations (Northern Ireland) 2005;

• (c) in respect of the final academic year of a course (not being a course of a single year’s duration), a loan which is payable in respect of that final academic year shall be apportioned equally between the weeks in the period beginning with—

• (i) except in a case where head (ii) applies, the benefit week, the first day of which coincides with, or immediately follows, the first day of that academic year;

• (ii) where the final academic year starts on 1st September, the benefit week, the first day of which coincides with, or immediately follows, the earlier of 1st September or the first day of the autumn term,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of the course;

• (d) in any other case, the loan shall be apportioned equally between the weeks in the period beginning with the earlier of—

• (i) the first day of the first benefit week in September, or

• (ii) the benefit week, the first day of which coincides with, or immediately follows, the first day of the autumn term,

and ending with the benefit week, the last day of which coincides with, or immediately precedes, the last day of June,

and, in all cases, from the weekly amount so apportioned there shall be disregarded £10.

• (3) A student shall be treated as possessing a student loan or a postgraduate loan in respect of an academic year where—

• (a) a student loan or a postgraduate loan has been made to him in respect of that year; or

• (b) he could acquire a student loan or a postgraduate loan in respect of that year by taking reasonable steps to do so.

• (4) Where a student is treated as possessing a student loan under paragraph (3), the amount of the student loan to be taken into account as income shall be, subject to paragraph (5)—

• (a) in the case of a student to whom a student loan is made in respect of an academic year, a sum equal to—

• (i) the maximum student loan he is able to acquire in respect of that year by taking reasonable steps to do so, and

• (ii) any contribution whether or not it has been paid;

• (b) in the case of a student to whom a student loan is not made in respect of an academic year, the maximum student loan that would be made to the student if—

• (i) he took all reasonable steps to obtain the maximum student loan he is able to acquire in respect of that year, and

• (ii) no deduction in that loan was made by virtue of the application of a means test.

• (4A) Where a student is treated as possessing a postgraduate loan under paragraph (3) in respect of an academic year, the amount of that loan to be taken into account as income shall be, subject to paragraph (5), a sum equal to 30 per cent. of the maximum postgraduate loan the student is able to acquire in respect of that academic year by taking reasonable steps to do so.

• (5) There shall be deducted from the amount of a student’s loan income—

• (a) the sum of £303 per academic year in respect of travel costs; and

• (b) the sum of £390 per academic year towards the cost of books and equipment,

whether or not any such costs are incurred.

Treatment of fee loans

62

A loan for fees, known as a fee loan or a fee contribution loan, made pursuant to regulations made under Article 3 of the Education (Student Support) (Northern Ireland) Order 1998, section 22 of the Teaching and Higher Education Act 1998 or section 73(f) of the Education (Scotland) Act 1980, shall be disregarded as income.

Treatment of payments from access funds

63

• (1) This regulation applies to payments from access funds that are not payments to which regulation 66(2) or (3) applies.

• (2) A payment from access funds, other than a payment to which paragraph (3) applies, shall be disregarded as income.

• (3) Subject to paragraph (5) and paragraph 35 of Schedule 6, any payments from access funds which are intended and used for food, household fuel, rent or rates or both or ordinary clothing or footwear, of a single claimant or any other member of his family , and any payments from access funds which are used for any water charges for which that claimant or member is liable shall be disregarded as income to the extent of £20 per week.

• (4) For the purposes of paragraph (3), “rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.

• (5) Where a payment from access funds is made—

• (a) on or after 1st September or the first day of the course, whichever first occurs, but before receipt of any student loan in respect of that year and that payment is intended for the purpose of bridging the period until receipt of the student loan; or

• (b) before the first day of the course to a person in anticipation of that person becoming a student,

that payment shall be disregarded as income.

Disregard of contribution and rent

64

Where the claimant or his partner is a student and, for the purposes of assessing a contribution to the student’s grant or student loan, the other partner’s income has been taken into account, an amount equal to that contribution shall be disregarded for the purposes of assessing that other partner’s income.

Further disregard of student’s income

65

Where any part of a student’s income has already been taken into account for the purposes of assessing his entitlement to a grant , student loan or postgraduate loan, the amount taken into account shall be disregarded in assessing that student’s income.

Amounts treated as capital

66

• (1) Any amount by way of a refund of tax deducted from a student’s covenant income shall be treated as capital.

• (2) An amount paid from access funds as a single lump sum shall be treated as capital.

• (3) An amount paid from access funds as a single lump sum which is intended and used for an item other than food, household fuel, rent or rates or both, ordinary clothing or footwear of a single claimant or, as the case may be, of the claimant or any other member of his family, or which is used for any water charges for which that claimant or member is liable, shall be disregarded as capital but only for a period of 52 weeks from the date of the payment.

• (4) In paragraph (3) “rent or rates” means eligible rent or rates less any deductions in respect of non-dependants which fall to be made under regulation 72.

Disregard of changes occurring during summer vacation

67

In calculating a student’s income the relevant authority shall disregard any change in the standard maintenance grant, occurring in the recognised summer vacation appropriate to the student’s course, if that vacation does not form part of his period of study from the date on which the change occurred to the end of that vacation.

PART VIII — Amount of benefit

Maximum housing benefit

68

The amount of a person’s appropriate maximum housing benefit in any week shall be—

• (a) 100 per cent. of his eligible rent calculated on a weekly basis in accordance with regulations 78 and 79; and

• (b) 100 per cent. of his eligible rates calculated on a weekly basis in accordance with those regulations,

less, in either case, any deductions in respect of non-dependants which fall to be made under regulation 72.

Housing benefit tapers

69

The prescribed percentages for the purpose of section 129(3)(b) of the Act (percentage of excess of income over applicable amount which is deducted from maximum housing benefit) shall be—

• (a) in calculating the amount of a rate rebate, 20 per cent.; and

• (b) in calculating the amount of a rent rebate or allowance, 65 per cent.

Extended Payments

70

• (1) A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment where—

• (a) the claimant or the claimant’s partner was entitled to a qualifying income-related benefit;

• (b) entitlement to a qualifying income-related benefit ceased because the claimant or the claimant’s partner—

• (i) commenced employment as an employed or self-employed earner;

• (ii) increased their earnings from such employment, or

• (iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last 5 weeks or more; and

• (c) the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying income-related benefit, jobseeker’s allowance or a combination of those benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying income-related benefit ceased.

• (2) For the purpose of this regulation, where a claimant or a claimant’s partner is entitled to and in receipt of joint-claim jobseeker’s allowance they shall be treated as being entitled to and in receipt of jobseeker’s allowance.

• (3) A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where—

• (a) the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;

• (b) the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying income-related benefit ceased, or in the preceding week; and

• (c) entitlement to the qualifying income-related benefit ceased in any of the circumstances listed in paragraph (1)(b).

• (4) This regulation shall not apply where, on the day before a claimant’s entitlement to income support ceased, regulation 6(5) of the Income Support Regulations (remunerative work: housing costs) applied to that claimant.

Extended payments (severe disablement allowance and incapacity benefit)

71

• (1) A claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where—

• (a) the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;

• (b) entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner—

• (i) commenced employment as an employed or self-employed earner;

• (ii) increased their earnings from such employment, or

• (iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last 5 weeks or more;

• (c) the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and

• (d) the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.

• (2) A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where—

• (a) the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;

• (b) the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and

• (c) entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).

Non-dependant deductions

72

• (1) Subject to the following provisions of this regulation, the deductions referred to in regulation 68 shall be—

• (a) in respect of a non-dependant aged 18 or over in remunerative work—

• (i) in calculating the amount of a rent rebate or allowance, £126.65 per week;

• (ii) in calculating the amount of a rate rebate, £9∙90 per week;

• (b) in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply—

• (i) in calculating the amount of a rent rebate or allowance, £19.65 per week;

• (ii) in calculating the amount of a rate rebate, £3∙30 per week.

• (2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—

• (a) less than £183.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be that specified in paragraph (1)(b)(i);

• (b) not less than £183.00 but less than £266.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £45.15;

• (c) not less than £266.00 but less than £348.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £62.00;

• (d) not less than £348.00 but less than £463.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £101.35;

• (e) not less than £463.00 but less than £577.00, the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £115.45;

• (f) less than £183∙00, the deduction to be made under this regulation in respect of a rate rebate shall be that specified in paragraph (1)(b)(ii);

• (g) not less that £183∙00 but less than £316∙00, the deduction to be made under this regulation in respect of a rate rebate shall be £6∙55;

• (h) not less than £316∙00 but less than £394∙00, the deduction to be made under this regulation in respect of a rate rebate shall be £8∙25.

• (3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

• (4) In applying the provisions of paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.

• (5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the payments in respect of the dwelling payable by each of them.

• (6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

• (a) severely sight impaired or blind or treated as severely sight impaired or blind by virtue of paragraph 13 of Schedule 4; or

• (b) receiving in respect of himself either—

• (zi) armed forces independence payment,

• (i) attendance allowance, ...

• (ia) pension age disability payment;

• (ii) the care component of the disability living allowance, ...

• (iia) the care component of child disability payment, ...

• (iib) the care component of Scottish adult disability living allowance;

• (iii) the daily living component of personal independence payment. or

• (iv) the daily living component of adult disability payment;

• (7) No deduction shall be made in respect of a non-dependant if—

• (a) although he resides with the claimant, it appears to the appropriate authority that his normal home is elsewhere;

• (b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;

• (c) he is a full-time student during a period of study within the meaning of Part VII;

• (d) he is a full-time student and during a recognised summer vacation appropriate to his course he is not in remunerative work;

• (e) he is a full-time student and the claimant or his partner has attained pensionable age; ...

• (f) he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, or a prisoner, and for these purposes—

• (i) “patient” has the meaning given in paragraph (18) of regulation 7;

• (ii) where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and

• (iii) “prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the Mental Health (Northern Ireland ) Order 1986[^f00137] ; or

• (g) he is not residing with the claimant because he is a member of the armed forces away on operations.

• (8) No deduction shall be made in calculating the amount of—

• (a) a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component ...) or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income and where the non-dependant is not a member of the work-related activity group;

• (b) a rate rebate in respect of a non-dependant who is on income support , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component) or who is entitled to an award of universal credit where the award is calculated on the basis that the person does not have any earned income.

• (9) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—

• (a) any armed forces independence payment, attendance allowance , pension age disability payment , disability living allowance , Scottish adult disability living allowance , child disability payment , personal independence payment or adult disability payment received by him;

• (b) any payment made under or by the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust , MFET Limited , the Skipton Fund, the Caxton Foundation , the Infected Blood Payment Scheme for Northern Ireland, the Scottish Infected Blood Support Scheme, an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the Independent Living Fund (2006) which had his income fallen to be calculated under regulation 37 would have been disregarded under paragraph 24 of Schedule 6; and

• (ba) any Grenfell Tower payment;

• (bb) any child abuse payment;

• (bc) any Windrush payment;

• (bd) any Post Office compensation payment;

• (be) any LGBT Financial Recognition Scheme payment;

• (bf) any miscarriage of justice compensation payment;

• (c) any payment which had his income fallen to be calculated under regulation 37 would have been disregarded under paragraph 37 of Schedule 6.

• (d) any payment made under or by a trust, established for the purpose of giving relief and assistance to disabled persons whose disabilities were caused by the fact that during their mother’s pregnancy she had taken a preparation containing the drug known as Thalidomide, and which is approved by the Secretary of State.

• (10) No deduction shall be made in respect of a non-dependant who is on state pension credit.

• (11) For the purposes of paragraph (8) “earned income” has the meaning given in regulation 51 of the Universal Credit Regulations (Northern Ireland) 2016.

Minimum housing benefit

73

Where housing benefit is payable in the form of a rent rebate or allowance, it shall not be payable where the amount to which a person would otherwise be entitled is less than 50 pence per benefit week.

PART IX — Calculation of weekly amounts and changes of circumstances

Date on which entitlement is to commence

74

• (1) Subject to paragraphs (2) and (3), a person who makes a claim and is otherwise entitled to housing benefit shall be entitled to that benefit from the benefit week following the date on which his claim is or is treated as made.

• (2) Where a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made, he shall be so entitled from that benefit week.

• (3) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—

• (a) he is otherwise entitled to housing benefit;

• (b) paragraph (2) does not apply to him; and

• (c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (4) which he occupies as his home.

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

• (a) a hostel;

• (b) board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;

• (c) accommodation secured by the Executive where the payments are to the Executive under Article 12(2) of that Order; or

• (d) accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.

• (5) In this regulation “board and lodging accommodation” means—

• (a) accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

• (b) accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.

Date on which housing benefit is to end

75

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases

76

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Date on which change of circumstances is to take effect

77

• (1) Except in cases where regulation 31 applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and the following provisions of this regulation, and to regulation 78(6), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

• (2) Subject to paragraph (10) and regulation 8(3) of the Decisions and Appeals Regulations, where the change of circumstances is a change in the amount of rent or rates payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.

• (3) Subject to paragraphs (10) to (12), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

• (a) that a person moves into a new dwelling occupied as the home; or

• (b) any other event which—

• (i) entitles a person to be treated as occupying 2 dwellings as his home under regulation 7(6), or

• (ii) brings to an end a person’s right to be treated as occupying 2 dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying 2 dwellings as his home,

that change of circumstances shall take effect on the day on which it actually occurs.

• (4) Subject to paragraph (10), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 7(6), for which a person can be treated as occupying 2 dwellings as his home, that change shall take effect on the day after the last day of that period.

• (5) Subject to paragraph (10), where the change of circumstances is an amendment to these Regulations that change, subject to regulation 78(6), shall take effect as follows—

• (a) where the amendment is made by an order under section 132 of the Administration Act[^f00138] (annual up-rating of benefits)—

• (i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c), from 1st April;

• (ii) in any other case, from the first Monday in April,

in the year in which that order comes into operation;

• (b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.

• (6) Subject to paragraph (10), if 2 or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (3) or (4) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.

• (7) Where, during a benefit week commencing on the first Monday in April—

• (a) a change of circumstances takes effect in accordance with paragraph (5)(a)(ii);

• (b) one or more changes of circumstances occur to which paragraph (1) applies; and

• (c) no other change of circumstances occurs to which this regulation applies,

any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.

• (8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act , article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011 or Part 5 of the 2015 Order, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

• (9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

• (10) Subject to paragraph (11), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, ... in which case that change shall take effect on the day on which it actually occurs.

• (11) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as occupying the former dwelling in accordance with whichever of those regulations applies in his case.

• (12) Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.

Calculation of weekly amounts

78

• (1) A person’s entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.

• (2) The weekly amount of a claimant’s eligible rent shall be—

• (a) subject to paragraph (4), where rent is payable at intervals of one week or a multiple thereof, the amount of eligible rent payable weekly or, where it is payable at intervals of a multiple of a week, the amount determined by dividing the amount of eligible rent payable by the number equal to the number of weeks in respect of which it is payable; or

• (b) subject to paragraph (4), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

• (c) subject to paragraph (4), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

• (3) The weekly amount of a claimant’s eligible rates shall be—

• (a) where payments by way of rates are made together with payments of rent, the amount calculated as if those payments were rent under paragraph (2);

• (b) subject to paragraph (4), where the rates are payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

• (c) subject to paragraph (4), where the rates are payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

• (4) In a case—

• (a) to which regulation 74(2) or (3) applies, his eligible rent or rates for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent or rates by the number equal to the number of days in that benefit week for which he is liable to make such payments;

• (b) where a change of circumstances takes effect in a benefit week under regulation 77(3), (but is not a change described in sub-paragraph (c)(ii) of this paragraph), (4), (10) or (11) other than on the first day of a benefit week then the claimant’s eligible rent or rates for that benefit week shall be calculated by multiplying his daily rent or rates by the appropriate number of days in that benefit week;

• (c) where—

• (i) the amounts of eligible rent or rates which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 77(2), or

• (ii) the claimant—

• (aa) moves to a new dwelling occupied as the home;

• (bb) is not entitled to be treated, immediately after that move, as occupying 2 dwellings as his home or as occupying his former dwelling as his home; and

• (cc) that change of circumstances takes effect under regulation 77(3),

other than on the first day of a benefit week, then the claimant’s eligible rent or rates for that benefit week shall be calculated by multiplying his old and new daily rent or rates by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.

• (5) In the case of a claimant whose weekly eligible rent or rates falls to be calculated in accordance with paragraph (4)(a) or (b) by reference to the daily rent or rates in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent or rates by reference to the amounts determined in his case in accordance with Parts V to VIII.

• (6) Where a change in the amount of a claimant’s applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent or rates to which paragraph (4)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent or rates.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) Any amount determined under these Regulations may, if it is appropriate, be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.

• (9) In this regulation “daily rent or rates” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) or (3) is appropriate in each case.

• (10) Where a claimant is entitled to benefit in respect of 2 (but not more than 2) dwellings in accordance with regulation 7(6) his eligible rent or rates shall be calculated in respect of each dwelling in accordance with this regulation.

Rent and rate-free periods

79

• (1) This regulation applies to a claimant for any period (referred to in this regulation as a rent-free period) in, or in respect of, which he is not liable to pay rent or to make a payment by way of rates made together with rent except for any period to which regulation 8(1)(d) applies.

• (2) In the case of the beginning or ending of a claimant’s rent-free period, his eligible rent for the benefit week in which the rent-free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 78(4) applies.

• (3) For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case—

• (a) in a case to which regulation 78(2)(a) applies, the amounts determined in his case in accordance with Parts V to VIII shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

• (b) subject to paragraph (4), in a case to which regulation 78(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts V to VIII shall be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

• (4) In a case to which paragraph (3)(b) applies, where either regulation 78(5) or (6) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant’s eligible rent or rates.

PART X — Claims

Who may claim

80

• (1) In the case of a couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the relevant authority shall determine.

• (2) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and—

• (a) a controller has been appointed by the High Court with power to claim, or as the case may be, receive benefit on his behalf; or

• (b) an attorney with a general power or a power to claim or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act (Northern Ireland) 1971[^f00139] or the Enduring Powers of Attorney (Northern Ireland) Order 1987[^f00140],

that controller or attorney, as the case may be, may make a claim on behalf of that person.

• (3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if an individual, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

• (4) Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—

• (a) it may at any time revoke the appointment;

• (b) the person appointed may resign his office after having given 4 weeks notice in writing to the relevant authority of his intention to do so;

• (c) any such appointment shall terminate when the relevant authority is notified that a controller or an attorney has been appointed.

• (5) Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Department has appointed a person to act on his behalf for the purposes of the Act or under regulation 52 of the Universal Credit, Personal Independence Payment, Jobseeker's Allowance and Employment and Support Allowance (Claims and Payments) Regulations 2016 the relevant authority may, if that person agrees, treat him as if he had been appointed by them under paragraph (3).

• (6) Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the controller or attorney, if any, or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the relevant authority for any sum paid.

Time and manner in which claims are to be made

81

• (1) Subject to paragraphs (4A) to (4AE), every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

• (2) The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.

• (3) Each relevant authority shall notify the Department of the address to which claims delivered or sent to the appropriate office are to be forwarded.

• (4) A claim in writing—

• (a) may be sent or delivered to the appropriate office where the claimant or his partner is also claiming income support, state pension credit , a jobseeker’s allowance or an employment and support allowance;

• (b) where it has not been sent or delivered to the appropriate office, shall be sent or delivered to the designated office;

• (c) sent or delivered to the appropriate office shall be forwarded to the relevant authority within 2 working days of the date of the receipt of the claim at the appropriate office, or as soon as practicable thereafter;

• (d) where the claimant has attained the qualifying age for state pension credit, may be sent or delivered to an authorised office.

• (4A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit, a claim may be made by telephone to that telephone number.

• (4AA) If the Department agrees, where—

• (a) a person makes a claim for a benefit referred to in paragraph (4)(a); and

• (b) the Department has made provision in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 for that benefit to be claimed by telephone,

that person may claim housing benefit by telephone to the telephone number specified by the Department.

• (4AB) A claim for housing benefit may be made in accordance with paragraph (4AA) at any time before a decision has been made on the claim for the benefit referred to in paragraph (4)(a).

• (4AC) If the Department agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (information to be given and changes to be notified)—

• (a) furnishes the Department with such information or evidence as it may require; or

• (b) notifies the Department of any change of circumstances,

that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.

• (4AD) If the Department agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

• (a) furnishes the Department with such certificates, documents and other evidence as it may require; or

• (b) notifies the Department of any change of circumstances,

that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.

• (4AE) A claim for housing benefit may be made in accordance with paragraph (4AC) or (4AD) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.

• (4B) The relevant authority may determine, in any particular case, that a claim made by telephone in accordance with paragraph (4A) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority.

• (4BA) The relevant authority or the Department may determine that a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Department.

• (4C) A claim made by telephone in accordance with paragraphs (4A) to (4AE) is defective unless the relevant authority or the Department is provided with all the information requested during that telephone call.

• (4D) Where a claim made by telephone in accordance with paragraph (4A) is defective, the relevant authority must provide the person making it with an opportunity to correct the defect.

• (4DA) Where a claim made by telephone in accordance with paragraphs (4AA) to (4AE) is defective—

• (a) the Department may provide the person making it with an opportunity to correct the defect;

• (b) the relevant authority must provide the person making it with an opportunity to correct the defect if the Department has not already done so, unless the relevant authority considers that it has sufficient information to determine the claim.

• (4E) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Department last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.

• (4F) If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Department last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.

• (5) Subject to paragraph (10), the date on which a claim is made shall be—

• (a) in a case where an award of income support , an income-based jobseeker’s allowance or an income-related employment and support allowance has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for that income support , jobseeker’s allowance or employment and support allowance was received at the appropriate office, the first day of entitlement to income support , an income-based jobseeker’s allowance or an income-related employment and support allowance arising from that claim; ...

• (aa) in a case where an award of universal credit has been made to the claimant and the claim for housing benefit is made—

• (i) within one month of a date on which the claim for universal credit was made in accordance with regulation 7 of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016; or

• (ii) in a case where the award of universal credit was made without a claim in accordance with regulation 8(6), (7) or (10) (claims for universal credit by members of a couple) of the Universal Credit, Personal Independence Payment, Jobseeker’s Allowance and Employment and Support Allowance (Claims and Payments) Regulations (Northern Ireland) 2016, or the claimant was treated as making a claim for universal credit under regulation 8(8) of those Regulations, within one month of the date on which the Department sent notification of the award to the claimant,

the first day of entitlement to universal credit arising from the award;

• (b) in a case where a claimant or his partner is a person on universal credit, income support , an income-based jobseeker’s allowance or an income-related employment and support allowance and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

• (c) in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

• (d) except where sub-paragraph (a), (aa), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—

• (i) a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim, or

• (ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim by telephone in accordance with paragraphs (4A) to (4AE),

the date of first notification; and

• (e) in any other case, the date on which the claim is received at the designated office, authorised office or appropriate office.

• (5A) For the purposes only of sub-paragraph (5)(a) a person who has been awarded an income-based jobseeker’s allowance or an income-related employment and support allowance is to be treated as entitled to that allowance for any days which immediately precede the first day in that award and on which he would have been entitled to that allowance but for regulations made under—

• (a) in the case of income-based jobseeker’s allowance, paragraph 4 of Schedule 1 to the Jobseekers Order (waiting days); or

• (b) in the case of income-related employment and support allowance, paragraph 2 of Schedule 2 to the Welfare Reform Act (waiting days).

• (6) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (1), that claim is for the purposes of these Regulations defective.

• (7) Where a claim is defective because—

• (a) it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

• (b) it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.

• (8) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—

• (a) where paragraph (7)(a) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

• (b) where paragraph (7)(b) applies—

• (i) the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

• (ii) the claimant supplies whatever information or evidence was requested under paragraph (7) within one month of the request,

or within such longer period as the relevant authority may consider reasonable.

• (9) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

• (10) Except in the case of a claim made by a person from abroad, where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the thirteenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

• (11) In the case of a person who has attained, or whose partner has attained, the age which is 17 weeks younger than the qualifying age for state pension credit, paragraph (10) shall apply as if for the reference to the thirteenth benefit week, there was substituted a reference to the seventeenth benefit week.

• (12) Where a claimant (“C”)—

• (a) makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and

• (b) from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),

the claim is to be treated as made on the date determined in accordance with paragraph (12A).

• (12A) That date is the latest of—

• (a) the first day from which C had continuous good cause;

• (b) the day 1 month before the date the claim was made;

• (c) the day 1 month before the date when C requested that the claim should include a past period.

• (13) In this regulation “authorised office” means an office which is nominated by the Department and authorised by the relevant authority for receiving claims for decision by the relevant authority.

Evidence and information

82

• (1) Subject to paragraph (2) and to paragraph 5 of Schedule A1[^f00141] (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of being required to do so or such longer period as the relevant authority may consider reasonable.

• (2) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (4) applies.

• (3) Where a request is made under paragraph (1), the relevant authority shall—

• (a) inform the claimant or the person to whom housing benefit has been awarded of his duty under regulation 84 to notify the designated office of any change of circumstances; and

• (b) without prejudice to the extent of the duty owed under regulation 84, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.

• (4) This paragraph applies to any of the following payments—

• (a) a payment which is—

• (i) disregarded under paragraph 24 of Schedule 6 or paragraph 35 of Schedule 7, and