The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

[^key-43184cf5fa822a5bbd800040e960379e]: Sch. 7 para. 21(2)(v)(w) inserted (15.3.2026) by The Social Security (Scotland) Act 2018 (Carer’s Assistance) (Consequential Modifications) Order 2026 (S.I. 2026/246), arts. 1(2), 47(5)

Electronic claims for benefit

62A

A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 10.

Evidence and information

Amendment and withdrawal of claim

Duty to notify changes of circumstances

Notice of change of circumstances given electronically

65A

A person may give notice of a change of circumstances required to be notified under regulation 65 by means of an electronic communication in accordance with Schedule 10.

SCHEDULE 10 — Electronic communication

Interpretation

1

In this Schedule “official computer system” means a computer system maintained by or on behalf of the relevant authority or of the Department for sending, receiving, processing or storing of any claim, certificate, notice, information or evidence.

Conditions for the use of electronic communication

2

• (1) The relevant authority may use an electronic communication in connection with claims for, and awards of, housing benefit.

• (2) A person other than the relevant authority may use an electronic communication in connection with the matters referred to in sub-paragraph (1) if the conditions specified in sub-paragraphs (3) to (6) are satisfied.

• (3) The first condition is that the person is for the time being permitted to use an electronic communication by an authorisation given by means of a direction of the relevant authority.

• (4) The second condition is that the person uses an approved method of—

• (a) authenticating the identity of the sender of the communication;

• (b) electronic communication;

• (c) authenticating any claim or notice delivered by means of an electronic communication; and

• (d) subject to sub-paragraph (7), submitting to the relevant authority any claim, certificate, notice, information or evidence.

• (5) The third condition is that any claim, certificate, notice, information or evidence sent by means of an electronic communication is in a form approved for the purposes of this Schedule.

• (6) The fourth condition is that the person maintains such records in written or electronic form as may be specified in a direction given by the relevant authority.

• (7) Where the person uses any method other than the method approved of submitting any claim, certificate, notice, information or evidence, that claim, certificate, notice, information or evidence shall be treated as not having been submitted.

• (8) In this paragraph “approved” means approved by means of a direction given by the relevant authority for the purposes of this Schedule.

Use of intermediaries

3

The relevant authority may use intermediaries in connection with—

• (a) the delivery of any claim, certificate, notice, information or evidence by means of an electronic communication; and

• (b) the authentication or security of anything transmitted by such means,

and may require other persons to use intermediaries in connection with those matters.

Effect of delivering information by means of electronic communication

4

• (1) Any claim, certificate, notice, information or evidence which is delivered by means of an electronic communication shall be treated as having been delivered in the manner or form required by any provision of these Regulations, on the day the conditions imposed—

• (a) by this Schedule; and

• (b) by or under a statutory provision,

are satisfied.

• (2) The relevant authority may, by a direction, determine that any claim, certificate, notice, information or evidence is to be treated as delivered on a different day (whether earlier or later) from the day provided for in sub-paragraph (1).

• (3) Information shall not be taken to have been delivered to an official computer system by means of an electronic communication unless it is accepted by the system to which it is delivered.

Proof of identity of sender or recipient of information

5

If it is necessary to prove, for the purpose of any legal proceedings, the identity of—

• (a) the sender of any claim, certificate, notice, information or evidence delivered by means of an electronic communication to an official computer system; or

• (b) the recipient of any such claim, certificate, notice, information or evidence delivered by means of an electronic communication from an official computer system,

the sender or recipient, as the case may be, shall be presumed to be the person whose name is recorded as such on that official computer system.

Proof of delivery of information

6

• (1) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any claim, certificate, notice, information or evidence this shall be presumed to have been the case where—

• (a) any such claim, certificate, notice, information or evidence has been delivered to the relevant authority, if the delivery of that claim, certificate, notice, information or evidence has been recorded on an official computer system; or

• (b) any such certificate, notice, information or evidence has been delivered by the relevant authority, if the delivery of that certificate, notice, information or evidence has been recorded on an official computer system.

• (2) If it is necessary to prove, for the purpose of any legal proceedings, that the use of an electronic communication has resulted in the delivery of any such claim, certificate, notice, information or evidence, this shall be presumed not to be the case, if that claim, certificate, notice, information or evidence delivered to the relevant authority has not been recorded on an official computer system.

• (3) If it is necessary to prove, for the purpose of any legal proceedings, when any such claim, certificate, notice, information or evidence sent by means of an electronic communication has been received, the time and date of receipt shall be presumed to be that recorded on an official computer system.

Proof of content of information

7

If it is necessary to prove, for the purpose of any legal proceedings, the content of any claim, certificate, notice, information or evidence sent by means of an electronic communication, the content shall be presumed to be that recorded on an official computer system.

1

The amount specified in column (2) in respect of each person or couple specified in column (1) shall be the amount specified for the purposes of regulation 20—

Column (1)	Column (2)
Person, couple or polygamous marriage	Amount
1Single claimant or lone parent aged—	1
aunder 65;	a£130·00;
b65 or over.	b£150·40.
2Couple—	2
aboth members aged under 65;	a£198·45;
bone member or both members aged 65 or over.	b£225·50.
3If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—	3
afor the claimant and the other party to the marriage;	a£198·45;
bfor each additional spouse who is a member of the same household as the claimant.	b£68·45.
4If the claimant is a member of a polygamous marriage and one or more members are aged 65 or over—	4
afor the claimant and the other party to the marriage;	a£225·50;
bfor each additional spouse who is a member of the same household as the claimant.	b£75·10.

2

• (1) The amounts specified in column (2) in respect of each person specified in column (1) shall, for the relevant period specified in column (1), be the amounts specified for the purposes of regulation 20—

Column (1)	Column (2)
Child or young person	Amount
Person in respect of the period—
abeginning on, and including, that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday;	a£84.66;
bbeginning on, and including, the first Monday in September following that person’s sixteenth birthday and ending on the day preceding that person’s twentieth birthday.	b£84.66;

SECTION1 — Claims and information

Interpretation

85A

In this Section—

• “administering authority” means an authority administering housing benefit;

• “the Department” means the Department, the Department for Employment and Learning or a person providing services to either Department;

• “relevant information” means information or evidence relating to the administration of claims for or awards of housing benefit.

Collection of information

85B

• (1) The Department may receive or obtain relevant information from—

• (a) persons making, or who have made, claims for housing benefit; or

• (b) other persons in connection with such claims.

• (2) In paragraph (1) references to persons who have made claims for housing benefit include persons to whom awards of benefit have been made on those claims.

Verifying information

85C

The Department may verify relevant information supplied to, or obtained by, it in accordance with regulation 85B.

Recording and holding information

85D

Where the Department obtains relevant information or such information is supplied to it, it—

• (a) shall make a record of such information; and

• (b) may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering housing benefit.

Forwarding of information

85E

Where the Department holds relevant information it—

• (a) shall forward it to the person or authority for the time being administering claims for or awards of housing benefit to which the relevant information relates, being either—

• (i) an administering authority;

• (ii) a person providing services to an administering authority, or

• (iii) a person authorised to exercise any function of an administering authority relating to housing benefit; and

• (b) may continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as it considers appropriate.

Request for information

85F

Where the Department holds information or evidence relating to social security matters it shall forward such information or evidence as may be requested to the person or authority making that request, provided that—

• (a) the request is made by—

• (i) an administering authority;

• (ii) a person providing services to an administering authority, or

• (iii) a person authorised to exercise any function of an administering authority relating to housing benefit;

• (b) the information or evidence requested includes relevant information;

• (c) the Department is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and

• (d) provision of the information or evidence requested is considered necessary by the Department to the proper performance by an administering authority of its functions relating to housing benefit.

SECTION2 — Information from landlords and agents

Eligible rent

13A

• (1) The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where regulations 13B or 13C apply, or paragraph 4 of Schedule 3 to the Consequential Provisions Regulations applies.

• (2) Subject to paragraphs (3), (4) and (7), the amount of a person’s eligible rent shall be the aggregate of such payments specified in regulation 13(1) as that person is liable to pay less—

• (a) except where he is separately liable for rates, an amount determined in accordance with paragraph (5);

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

• (c) 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

• (d) where he is liable to make payments in respect of any service charges to which regulation 13(1)(e) does not apply, but to which paragraph 3(2) of Schedule 1 applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Schedule 1.

• (3) Where the payments specified in regulation 13(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 13(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 in respect of rates referred to in paragraph (2) shall be—

• (a) if the dwelling occupied by the claimant is a single rateable unit, the amount of the rates payable in respect of the rateable unit as a whole; or

• (b) if the dwelling comprises part only of a rateable unit, the amount treated as a payment by way of rates by virtue of regulation 12(2).

• (6) 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 Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

• (7) In any case where it appears to the Executive 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 the Executive to be an appropriate rent in that particular case.

Eligible rent and maximum rent

13B

• (1) This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 14.

• (2) Where this regulation applies, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (7) of regulation 13A.

Eligible rent and maximum rent (LHA)

13C

• (1) Except where regulation 13D applies, this regulation applies where, by virtue of paragraphs (2) or (3) of regulation 14C, a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 14D.

• (2) Where this regulation applies, except where paragraphs (3)(a) or (5)(a) 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 14C(2)(d);

• (ii) the determination of a maximum rent (LHA) by virtue of regulation 14C(3), or

• (iii) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A.

• (3) Subject to paragraph (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a), (b) or (d)(i) or (ii) 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 13A(3), (4) and (7), 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) For the purposes 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 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.

• (5) Subject to paragraphs (6) and (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a) or (b) and the Executive 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 13A(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), 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 Executive 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 14C(2)(d)(iii);

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

• (iv) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A;

• (b) paragraph (5)(a), 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 Executive 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 14C(2)(d)(iii);

• (iii) the determination of an eligible rent in accordance with paragraph (3)(a), or

• (iv) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A.

• (8) Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) or (b)(i) the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).

Maximum rent

Protection on death and 13 week protection

14A

• (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) 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 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.

• (3) Subject to paragraph (4), where the Executive 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

14B

• (1) In a case where—

• (a) the Executive has determined a maximum rent under regulation 14 or 14A; 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,

the maximum rent shall be reduced to an amount equal to the reduced reckonable rent.

• (2) This paragraph applies in a case where—

• (a) the Executive has made a decision under regulation 16(1);

• (b) subsequent to that decision the reckonable rent for that dwelling is changed; and

• (c) a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

• (3) In a case to which paragraph (2) applies, where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if the reckonable rent had not changed, the maximum rent shall be the reckonable rent as so reduced.

• (4) In any other case to which paragraph (2) applies, the Executive shall treat the reckonable rent to be that applicable to the decision referred to in paragraph (2)(a).

When a maximum rent (LHA) is to be determined

14C

• (1) The Executive shall determine a maximum rent (LHA) in accordance with regulation 14D in any case where paragraphs (2) or (3) apply.

• (2) This paragraph applies where the Executive has received—

• (a) a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

• (b) relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

• (c) in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 14D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

• (d) in relation to an award of housing benefit where a maximum rent (LHA) was determined in accordance with regulation 14D—

• (i) notification of a change of a kind which affects the category of dwelling applicable to the claim;

• (ii) notification of the death of a linked person, where the notification does not fall within head (i), ...

• (iii) notification of a change of dwelling or

• (iv) notification of a change of a kind which affects the amount of the claimant's cap rent as determined in accordance with regulation 14D.

• (3) This paragraph applies on 1st April in any year.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) This regulation does not apply in a case where—

• (a) the landlord is a registered housing association;

• (b) paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

• (c) the tenancy is an excluded tenancy under paragraph 4 or 5 of Schedule 3;

• (d) the claim or award relates to—

• (i) periodical payments of a kind falling within regulation 13(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home, or

• (ii) rent payable in relation to a hostel; or

• (e) a substantial part of the rent under the tenancy is fairly attributable to board and attendance.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Determination of a maximum rent (LHA)

14D

• (1) Subject to paragraphs (3) to (9), the maximum rent (LHA) shall be the local housing allowance determined by virtue of regulation 3(2) or (4)(a) of the Executive Determinations Regulations which is applicable to—

• (a) the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

• (b) the category of dwelling which applies at the relevant date in accordance with paragraph (2).

• (2) The category of dwelling which applies is—

• (a) the category specified in paragraph 1(1)(a) of the Schedule to the Executive Determinations Regulations (one bedroom shared accommodation) where sub-paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and—

• (i) neither the claimant nor his partner (where he has one) is a person to whom paragraph 6 of Schedule 4 applies, or

• (ii) the claimant’s partner is not a care leaver;

• (b) the category specified in paragraph 1(1)(b) of the Schedule to the Executive Determinations Regulations (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria as set out in paragraph (3) and—

• (i) the claimant (together with his partner where he has one) has the exclusive use of 2 or more rooms, or

• (ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,

and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

• (c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraphs (3) to (3B) up to a maximum of 4 bedrooms .

• (3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—

• (za) a member of a couple who cannot share a bedroom;

• (zb) a member of a couple who can share a bedroom

• (a) a couple;

• (b) a person who is not a child;

• (ba) a child who cannot share a bedroom...;

• (c) 2 children of the same sex;

• (d) 2 children who are less than 10 years old;

• (e) a child.

but the claimant is only entitled to a bedroom in respect of a child who cannot share a bedroom or a member of a couple who cannot share a bedroom if there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child or the member of the couple were able to share a bedroom.

...

• (3A) The claimant is entitled to one additional bedroom in any case where—

• (a) one or more of the following persons is a person who requires overnight care—

• (i) the claimant;

• (ii) the claimant’s partner;

• (iii) a person (other than the claimant or the claimant’s partner) who occupies the claimant’s dwelling as their home;

• (iv) a child or young person in respect of whom the claimant or the claimant’s partner is a qualifying parent or carer; or

• (b) the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer.

• (3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.

• (4) The Executive shall determine —

• (a) the cap rent (in accordance with the definition in paragraph (10)); and

• (b) whether the cap rent exceeds the applicable local housing allowance.

• (5) Where the applicable local housing allowance exceeds the cap rent, the maximum rent (LHA) shall be the cap rent.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In this regulation—

• “cap rent” means the aggregate of such payments specified in regulation 13(1) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8, subject to regulation 13A(3), (4) and (7);

• “care leaver” means a person who has not attained the age of 22 and—has ceased to be the subject of a care order made pursuant to Article 50(1)(a) of the Children Order which had previously been made in respect to him either—after he attained the age of 16 years, orbefore he attained the age of 16 years, but had continued after he attained that age; orwas formerly provided with accommodation under Article 21 of the Children Order;

• “occupiers” means—the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; andany member of the armed forces away on operations who—is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner;was the claimant’s non-dependant before they became a member of the armed forces away on operations; andintends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;

• “relevant date” means, as the case may require—the date of the claim to which the claim or relevant information referred to in regulation 14C(2)(a) or (b) relates;the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 14C(2)(c) or (d) relates; orthe date on which the anniversary of the LHA date referred to in regulation 14C(3) falls;

• “tenancy” includes a licence to occupy premises, and reference to a tenant or any other expression appropriate to a tenancy shall be construed accordingly.

Publication of local housing allowances

14E

The Executive shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the Executive.

Amended determinations

14F

• (1) This regulation applies where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination.

• (2) Where that amended determination has led to a reduction in the maximum rent (LHA) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant.

• (3) Where that amended determination has led to an increase in the maximum rent (LHA) applicable to a claimant, the amended determination shall have effect in place of the original determination.

Decisions

Pre-tenancy decisions

Amount payable during extended payment period when an extended payment is payable pursuant to regulation 70 or 71 of the Housing Benefit Regulations

Extended payments (qualifying contributory benefits)

Duration of extended payment period (qualifying contributory benefits)

51A

• (1) Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.

• (2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.

• (3) The extended payment period ends—

• (a) at the end of a period of 4 weeks; or

• (b) on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent or rates, if that occurs first.

Amount of extended payment (qualifying contributory benefits)

51B

• (1) Subject to the paragraphs (2) to (5), for any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of the amount of housing benefit to which—

• (a) the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;

• (b) the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 51 did not apply to the claimant; or

• (c) the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 51 did not apply to the claimant.

• (2) Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent and rate-free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent and rate-free period.

• (3) Where—

• (a) a claimant is entitled to an extended payment (qualifying contributory benefit) by virtue of regulation 51(2); and

• (b) the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 59(4)(c),

the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.

• (4) Where—

• (a) a claimant was treated as occupying 2 dwellings as the claimant’s home under regulation 7(6) at the time when the claimant’s entitlement to a qualifying contributory benefit ceased; and

• (b) the claimant’s liability to pay rent or rates for either of those dwellings ceases during the extended payment period,

the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

• (5) No extended payment (qualifying contributory benefits) is payable for any rent and rate-free period as defined in regulation 60(1).

• (6) Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement

51C

• (1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 51(1)(b), that award will not cease until the end of the extended payment period.

• (2) Part VIII shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 51B(1)(a).

Continuing payments where state pension credit claimed

Non-dependant deductions

Minimum housing benefit

...

28A

Any arrears of supplementary pension which is disregarded under paragraph 5 of Schedule 6 (amounts to be disregarded in the calculation of income other than earnings) or of any amount which is disregarded under paragraph 6 or 7 of that Schedule.

Column (1)	Column (2)
Person, couple or polygamous marriage	Amount
1Single claimant or lone parent aged—	1
aunder 65;	a£155∙60;
b65 or over.	b£168∙70;.
2Couple—	2
aboth members aged under 65;	a£237∙55;
bone member or both members aged 65 or over.	b£252∙30.
3If the claimant is a member of a polygamous marriage and none of the members of the marriage have attained the age of 65—	3
afor the claimant and the other party to the marriage;	a£237∙55;
bfor each additional spouse who is a member of the same household as the claimant.	b£81∙95.
4If the claimant is a member of a polygamous marriage and one or more members are aged 65 or over—	4
afor the claimant and the other party to the marriage;	a£252∙30;
bfor each additional spouse who is a member of the same household as the claimant.	b£83∙60.

28B

Any payment made under Part 8A of the Act (entitlement to health in pregnancy grant).

Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling

82A

• (1) This regulation applies where an overpayment has occurred in the following circumstances—

• (a) a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”);

• (b) the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home; and

• (c) housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A.

• (2) Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

• (3) Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A.

Recovery of overpayments from prescribed benefits

Prescribed benefits

Restrictions on recovery of rent and consequent modifications

5A

• (1) Where—

• (a) the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies;

• (b) the Department is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and

• (c) regulation 24 does not apply,

the amount specified in sub-paragraph (7) (“the specified amount”).

• (2) Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph.

• (3) Notwithstanding regulation 21, if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4).

• (4) Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Department is satisfied that B is also undertaking exempt work.

• (5) This sub-paragraph applies to a person who is—

• (a) in receipt of a contributory employment and support allowance;

• (b) in receipt of incapacity benefit;

• (c) in receipt of severe disablement allowance; or

• (d) being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975.

• (6) “Exempt work” means, as the case may be, work of the kind described in—

• (a) regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations or regulation 39(1)(a), (b) or (c) of the Employment and Support Allowance Regulations (Northern Ireland) 2016 ; or

• (b) regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995,

and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work.

• (7) The specified amount is the amount of money mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts).

Transitional protection–reduction in LHA

13D

• (1) This regulation applies where—

• (a) reference was made to a maximum rent (LHA) in determining the amount of the eligible rent which applied immediately before 1st April 2011;

• (b) on or after 1st April 2011 the relevant authority is required to determine a maximum rent (LHA) by virtue of—

• (i) regulation 14C(2)(d)(i) because the claimant has become entitled to a larger category of dwelling, or

• (ii) regulation 14C(3); and

• (c) the determination referred to in sub-paragraph (b) is the first determination of a maximum rent (LHA) the relevant authority is required to make on or after 1st April 2011.

• (2) Where this regulation applies, the claimant’s eligible rent is—

• (a) the maximum rent (LHA) where that is equal to or higher than the eligible rent which applied immediately before 1st April 2011; or

• (b) in any other case, the lower of—

• (i) the amount of the eligible rent which applied immediately before 1st April 2011, or

• (ii) the amount of the cap rent by reference to which the maximum rent (LHA) referred to in paragraph (1)(b) was determined.

• (3) Where the claimant’s eligible rent is determined in accordance with paragraph (2)(b) it will continue to apply until, on or after 1st April 2011, the first of the following events occurs—

• (a) the period 9 months after the determination of the maximum rent (LHA) referred to in paragraph (1)(b) has expired;

• (b) the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 14C(2)(d)(i) because the claimant has become entitled to a larger category of dwelling and the maximum rent (LHA) is equal to or higher than the eligible rent referred to in paragraph (2)(b);

• (c) the relevant authority is required to determine a new maximum rent (LHA) by virtue of regulation 14C(2)(d)(i) because the claimant has become entitled to a smaller category of dwelling;

• (d) the relevant authority is required to determine an eligible rent following a change of dwelling; or

• (e) the relevant authority is required to determine an eligible rent in accordance with regulation 13C(3).

• (4) Where the eligible rent ceases to apply because of paragraph (3)(a), the eligible rent will be the maximum rent (LHA) which would have applied but for the transitional protection in paragraph (2)(b).

• (5) Where the eligible rent is the maximum rent (LHA), it shall be treated as if it had been determined in accordance with regulation 13C(2)(a) and shall apply according to the provisions of regulation 13C.

Maximum rent

Protection on death and 13 week protection

Change in reckonable rent

When a maximum rent (LHA) is to be determined

Determination of a maximum rent (LHA)

Publication of local housing allowances

Amended determinations

Decisions

Pre-tenancy decisions

10A

One additional bedroom is allowed where on the application for the determination—

• (a) one or more of the following persons is stated as being a person who requires overnight care—

• (i) the tenant;

• (ii) the tenant’s partner;

• (iii) a person (other than the tenant or the tenant’s partner) who occupies the dwelling as their home;

• (iv) a child or young person in respect of whom the tenant or the tenant’s partner is a qualifying parent or carer; or

• (b) the tenant or tenant’s partner is (or both of them are) stated as being a qualifying parent or carer.

28C

Any payments made under regulations made under section 8 of the Carers and Direct Payments Act (Northern Ireland) 2002 (direct payments).

31A

Any ex-gratia payment made to a qualifying Equitable Life annuitant under regulation 2, or both regulations 2 and 3, of the Age-Related Payments Regulations 2013.

28ZA

Where a person chooses a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015 or in accordance with regulations made under section 10 of that Act which include provision corresponding or similar to section 8(2) of that Act, or fails to make a choice, and a lump sum payment has been made, an amount equal to—

• (a) except where sub-paragraph (b) applies, the amount of any payment or payments made on account of that lump sum;

• (b) the amount of that lump sum,

but only for so long as that person does not alter that choice in favour of an increase of pension.

Recovery by deduction from earnings

83A

• (1) Any overpayment which is recoverable by virtue of regulation 78 may be recovered by a relevant authority by deduction from the earnings of the person from whom it is recoverable.

• (2) Part 6 of the Social Security (Overpayments and Recovery) Regulations (Northern Ireland) 2016 applies in relation to the recovery of overpayments by deduction from the earnings of a person specified in paragraph (1) by a relevant authority as it applies to the recovery of recoverable amounts by deduction from the earnings of persons under that Part by an appropriate authority.

Prescribed benefits

Restrictions on recovery of rent and consequent modifications

10B

Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 10A both apply.

28D

• (1) A payment of bereavement support payment in respect of the rate set out in regulation 3(2) or (5) (rate of bereavement support payment) of the Bereavement Support Payment Regulations (Northern Ireland) 2017, but only for a period of 52 weeks from the date of receipt of the payment.

• (2) Where bereavement support payment under section 29 of the Pensions Act (Northern Ireland) 2015 is paid to the survivor of a cohabiting partnership (within the meaning in section 29(6B) of the Pensions Act (Northern Ireland) 2015) in respect of a death which occurs before the day the Bereavement Benefits (Remedial) Order 2023 comes into force, any amount of that payment which is—

• (a)

• (i) in respect of the rate set out in regulation 3(1) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019 (rate of bereavement support payment), and

• (ii) paid as a lump sum for more than one monthly recurrence of the day of the month on which their cohabiting partner died;

• (b) in respect of the rate set out in regulation 3(2) of the Bereavement Support Payment (No. 2) Regulations (Northern Ireland) 2019,

but only for a period of 52 weeks from the date of receipt of the payment.

28E

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.

28F

Any sum paid by means of assistance in accordance with the Carer’s Assistance (Young Carer Grants) (Scotland) Regulations 2019.

28G

Any sum paid by means of winter heating assistance in accordance with regulations made under section 30 of the Social Security (Scotland) Act 2018.

22A

Any payment of a widowed parent’s allowance made pursuant to section 39A of the Act (widowed parent’s allowance)—

• (a) to the survivor of a cohabiting partnership (within the meaning in section 39A(7) of the Act) who is entitled to a widowed parent’s allowance for a period before the Bereavement Benefits (Remedial) Order 2023 comes into force, and

• (b) in respect of any period of time during the period ending with the day before the survivor makes the claim for a widowed parent’s allowance,

but only for a period of 52 weeks from the date of receipt of the payment.

26

Any amount of carer support payment that is in excess of the amount the claimant would receive if they had an entitlement to carer’s allowance under section 70 of the Act.