MRAssociates — Glossary

Accommodation provided by a registered charity, or a registered community benefit society with charitable status, where the occupiers may not hold tenancies.

Sources:

• Regulation 12(1)(h) of the Housing Benefit Regulations 2006; Article 2 of the Registered Housing Associations (Accounting Requirements for Almshouses) Order 1983/207.

A limit on the amount of “welfare benefit” that a single benefit claimant or couple of working age may receive for themselves and their dependants. The rate is £500 a week for couples and lone parents and £350 a week for single people without children.

Source:

• Sections 96 and 97 of the Welfare Reform Act 2012; Regulations 75A to 75H of the Housing Benefit Regulations 2006; Regulations 78 to 83 of the Universal Credit Regulations 2013.

Housing Benefit Regulations 2006/213

Part 1 General

This version in force from: 2006 to present

2. Interpretation

• In these Regulations -

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

An establishment in which accommodation and care are provided together by the same (natural or corporate) person.

An event which causes the rate of Housing Benefit to change, or causes the local authority to consider the rate of Housing Benefit needs to change.

If the authority decides to change the rate of a person’s Housing Benefit following a change of circumstance the action is known as a “superseding decision”.

The Housing Benefit claimant is responsible for reporting changes of circumstance that the local authority has no way of knowing about independently, for example the birth of a child, forming a couple, splitting up with a partner, moving address, a change in the amount of income or capital (apart from some state benefits that the Council is told about by the Department for Work and Pensions). If the claimant fails to report an advantageous change of circumstance (one that causes more HB to be paid) within a month, the local authority will normally deal with the change as if it happened on the date when it was reported so the claimant will lose out on arrears of benefit at a higher rate. If the claimant fails to report a disadvantageous change of circumstance (one causing the amount of HB to go down or stop completely) before the next HB payment is made, the local authority will probably seek to recover overpaid HB from the claimant.

Examples of changes of circumstance that do not have to be reported

• Changes in the Regulations (including the annual uprating of benefits)
• Changes affecting State Pension Credit (DWP should notify the Council of these)
• A change in the age of someone whose date of birth is already known to the Council (but the claimant must still tell the Council when a dependant ceases to be dependant - mainly when the claimant stops receiving Child Benefit for a son or daughter aged 16-19)
• A change in the amount of rent payable to the Council

While the Council might well find out about other changes of circumstance from other sources (housing association rents from a bulk file provided by the HA; other DWP benefits through electronic communication from DWP) to be on the safe side claimants should report any changes apart from the ones referred to above

Date when a change of circumstance takes effect

Some changes take effect from the day when they happen; some are taken forward to the following Monday; and some are taken back to the start of the week.

Sources:

• Change of circumstance affecting rent: Paragraph 2(3) of Schedule 2 to the Housing Benefit Regulations 2006 (SI 2006/213)
• Duty to report changes: Regulation 88 of the Housing Benefit Regulations 2006
• Date from which a change has effect: Regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (SI 2001/1002); Regulation 79 of the Housing Benefit Regulations 2006

A market valuation of the specific property occupied by the Housing Benefit claimant, carried out by the Independent Rent Officer. The CRR is used for the following purposes:

• In Category 1 exempt accommodation it affects the amount of subsidy paid by the government to fund the Housing Benefit payments made by the local authority
• In other cases it provides a limit on the amount of Housing Benefit that can be paid - the claimant can only receive the lesser of the CRR and the Local Reference Rent

A CRR is only set for the following types of accommodation:

• Conventional private tenancies where the claimant has been getting HB for the same home since 2008
• Unconventional privately rented accommodation (including accommodation in the voluntary and charitable sectors):
  • Caravans
  • Boats
  • Hostels
  • Accommodation where the rent includes a substantial amount for meals prepared and served (“board and attendance”)
• Rarely, a registered housing association tenancy where the local authority considers that the rent charged for the dwelling is unreasonably high

Sources:

• Meaning of CRR: Paragraph 6 of Schedule 1 to the Rent Officers (HB Functions) Order 1997 (SI 1997/1984)
• Use of CRR to set level of HB: Regulation 13 of the Housing Benefit Regulations 2006 (SI 2006/213)
• Use of CRR to limit subsidy for exempt accommodation: Paragraphs 7 and 8 of Schedule 4 to the Income Related Benefits (Subsidy to Authorities) Order 1998 (SI 1998/562)

A “registered society” (formerly known as an “Industrial and Provident Society”) which trades for the benefit of the community. Not to be confused with a “cooperative society” which trades for the benefit of its members. One of the incorporation models that is likely to satisfy the landlord requirements for exempt and specified accommodation.

Source:

• Cooperative and Community Benefit Societies Act 2014.

Housing Benefit Regulations 2006/213

Part 1 General

This version in force from: 2006 to present

2. Interpretation

• In these Regulations -

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

For Housing Benefit purposes a “dwelling” is defined in s137(1) of the Social Security (Contributions and Benefits) Act 1992 as follows:

“dwelling” means any residential accommodation, whether or not consisting of the whole or part of a building and whether or not comprising separate and self-contained premises;

In addition, Regulation 2(4) of the Housing Benefit Regulations 2006 says:

4. For the purposes of these Regulations, the following shall be treated as included in a dwelling -

   • subject to sub-paragraphs (b) to (d) any land (whether or not occupied by a structure) which is used for the purposes of occupying a dwelling as a home where either–
     • the occupier of the dwelling acquired simultaneously the right to use the land and the right to occupy the dwelling, and, in the case of a person liable to pay rent for his dwelling, he could not have occupied that dwelling without also acquiring the right to use the land; or
   • the occupier of the dwelling has made or is making all reasonable efforts to terminate his liability to make payments in respect of the land;
   • where the dwelling is a caravan or mobile home, such of the land on which it stands as is used for the purposes of the dwelling;
   • where the dwelling is a houseboat, the land used for the purposes of mooring it;
   • where in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993, the croft land on which it is situated or to which it pertains.

Housing Benefit Regulations 2006/213

Part 1 General

This version in force from: 2006 to present

2. Interpretation

• In these Regulations -

  • “eligible rent” means, as the case may require, an eligible rent determined in accordance with -
  • regulations 12B (eligible rent), [12BA (eligible rent and maximum rent (social sector)),] 12C (eligible rent and maximum rent) or 12D (eligible rent and maximum rent (LHA)); or
  • regulations 12 (rent) and 13 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies

Exempt accommodation is defined in subparagraph (10) of paragraph 4 of Schedule 3 to the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (SI 2006/217) as follows:

• “exempt accommodation” means accommodation which is -

  • a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of the Jobseekers Act 1995 (grants for resettlement places); and for this purpose “resettlement place” shall have the same meaning as it has in that section; or

  • provided by a non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972, a housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care, support or supervision;

Housing Benefit Regulations 2006/213

Part 1 General

This version in force from: 2006 to present

2. Interpretation

• In these Regulations -

  • “hostel” means a building -

    • in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both; and

  • which is -

    • managed or owned by a registered housing association; or

    • operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency or a local authority; or

    • managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and

  • which is not -

    • a care home;

    • an independent hospital; or

    • an Abbeyfield Home;

Regulation 2 of the Housing Benefit Regulations 2006 (SI 2006/213)

This version in force from 2006 to the present

• “housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985

And from that Act:

This version in force from 7 April 2008 to the present

• In this Act “housing association” means a society, body of trustees or company -

  • which is established for the purpose of, or amongst whose objects or powers are included those of, providing, constructing, improving or managing, or facilitating or encouraging the construction or improvement of, housing accommodation, and

  • which does not trade for profit or whose constitution or rules prohibit the issue of capital with interest or dividend exceeding such rate as may be prescribed by the Treasury, whether with or without differentiation as between share and loan capital but does not include Scottish Homes.

Housing Benefit is one of the income related benefits listed in section 123 of the Social Security Contributions and Benefits Act 1992 along with Income Support. Section 130(1) says:

• A person is entitled to housing benefit if -

  • he is liable to make payments in respect of a dwelling in Great Britain which he occupies as his home;
  • there is an appropriate maximum housing benefit in his case; and
  • either -
    • he has no income or his income does not exceed the applicable amount; or
    • his income exceeds that amount, but only by so much that there is an amount remaining if the deduction for which subsection (3)(b) below provides is made.

HB is administered by local authorities in accordance with s134 of the Social Security Administration Act 1992.

Service charges that are not eligible to met by HB are listed in paragraphs 1 and 5 of Schedule 1 to the Housing Benefit Regulations 2006:

This version in force from 2006 to the present

PART 1

Service charges other than for fuel

Ineligible service charges

1. The following service charges shall not be eligible to be met by housing benefit –

   • charges in respect of day-to-day living expenses including, in particular, all provision of–
   • subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);
   • laundry (other than the provision of premises or equipment to enable a person to do his own laundry);
   • leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);
   • cleaning of rooms and windows except cleaning of–
     • communal areas; or
     • the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself, where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the Welsh Ministers to the claimant or his partner, or to another person on their behalf; and
   • transport;
   • charges in respect of–
   • the acquisition of furniture or household equipment; and
   • the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;
   • charges in respect of the provision of an emergency alarm system;
   • charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);
   • charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);
   • charges in respect of general counselling or of any other support services,whoever provides those services;
   • charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.

PART 2

Payments in respect of fuel charges

5. A service charge for fuel except a charge in respect of services for communal areas shall be ineligible to be met by housing benefit.

6. In this Schedule –

• “communal areas” mean areas (other than rooms) of common access (including halls and passageways) and rooms of common use in sheltered accommodation;

• “fuel” includes gas and electricity and a reference to a charge for fuel includes a charge for fuel which includes an amount in respect of the facility of providing it other than a specified amount for the provision of a heating system.

For HB purposes a licence fee means “payments in respect of a licence or permission to occupy the dwelling” - Reg 12(1)(b) of the Housing Benefit Regulations 2006.

When the occupier of a dwelling is not a tenant, s/he will tend to be a licensee by default. A tenant must have exclusive possession of a dwelling from which s/he has the right to shut out the world, including the landlord. Therefore a licensee claiming HB will typically be:

• A lodger who shares living accommodation with the landlord and the landlord’s family
• A person occupying a room in a hostel where it is necessary for the landlord to have the right to move people around and enter their room to clean or provide support

Local Housing Allowance is used to determine the Maximum Rent (LHA) for private tenants in conventional accommodation whose HB award began since April 2008. Maximum Rent (LHA) is the maximum amount that can be covered by Housing Benefit and its is defined in Regulation 13D of the Housing Benefit Regulations 2006:

Determination of a maximum rent (LHA)

13D. (1) Subject to paragraph (3) to (11), the maximum rent (LHA) shall be the local housing allowance determined by the rent officer by virtue of article 4B(2A)(c) or (4) of the Rent Officers Order which is applicable to –

• 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

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

In November 2015 the government announced that any new tenancy in the regulated social sector (registered housing associations and local authorities) entered into from 1 April 2016 will be subject to the LHA.

The average rent for property of a suitable size for the Housing Benefit claimant, carried out by the Independent Rent Officer. The LRR provides a limit on the amount of Housing Benefit that can be paid - the claimant can only receive the lesser of the LRR and the Claim Related Rent.

An LRR is only set for the following types of accommodation:

• Conventional private tenancies where the claimant has been getting HB for the same home since 2008
• Unconventional privately rented accommodation (including accommodation in the voluntary and charitable sectors):
  • Caravans
  • Boats
  • Hostels
  • Accommodation where the rent includes a substantial amount for meals prepared and served (“board and attendance”)
• Rarely, a registered housing association tenancy where the local authority considers that the rent charged for the dwelling is unreasonably high

Sources:

• Meaning of LRR: Paragraph 4 of Schedule 1 to the Rent Officers (HB Functions) Order 1997 (SI 1997/1984)
• Use of CRR to set level of HB: Regulation 13 of the Housing Benefit Regulations 2006 (SI 2006/213)

The Maximum Rent (Social Sector) is more commonly known as the “bedroom tax” and is referred to ministers and DWP officials as the “removal of spare room subsidy”. The MR(SS) is determined under Regulation B13 of the Housing Benefit Regulations 2006.

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

The relevant authority must determine a limited rent by–

• determining the amount that the claimant’s eligible rent would be in accordance with regulation 12B(2) without applying regulation 12B(4) and (6);
• where the number of bedrooms in the dwelling exceeds the number of bedrooms to which the claimant is entitled in accordance with paragraph (5) to (7), reducing that amount by the appropriate percentage set out in paragraph (3); and
• where more than one person is liable to make payments in respect of the dwelling, apportioning the amount determined in accordance with subparagraphs (a) and (b) between each such person having regard to all the circumstances in particular, the number of such persons and the proportion of rent paid by each person.

The appropriate percentage is –

• 14% where the number of bedrooms in the dwelling exceeds by one the number of bedrooms to which the claimant is entitled; and
• 25% where the number of bedrooms in the dwelling exceeds by two or more the number of bedrooms to which the claimant is entitled.

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

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

• a couple (within the meaning of Part 7 of the Act);
• a person who is not a child;
  • a child who cannot share a bedroom;
• two children of the same sex;
• two children who are less than 10 years old;
• a child,

The claimant is entitled to one additional bedroom in any case where –

• a relevant person is a person who requires overnight care; or
• a relevant person is a qualifying parent or carer.

Where –

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

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

• 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; and
• intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations.

In this regulation “relevant person” means –

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

Defined in two places:

For exempt accommodation purposes in paragraph 4(10) of Schedule 3 to the HB&CTB (Consequential Provisions) Regs 2006:

• “a non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972”

Section 1 of the 1972 Act says:

• For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

• The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of Schedule 1 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of each Part of that Schedule.

Part II of the Schedule lists the following non-metropolitan counties:

• Avon, Bedfordshire, Berkshire, Buckinghamshire, Cambridgeshire, Cheshire, Cleveland, Cornwall, Cumbria, Derbyshire, Devon, Dorset, Durham, East Sussex, Essex, Gloucestershire, Hampshire, Hereford & Worcester, Hertfordshire, Humberside, Isle of Wight, Kent, Lancashire, Leicestershire, Lincolnshire, Norfolk, North Yorkshire, Northamptonshire, Northumberland, Nottinghamshire, Oxfordshire, Salop, Somerset, Staffordshire, Suffolk, Surrey, Warwickshire, West Sussex and Wiltshire.

Structural changes: not all of the counties originally listed in the 1972 Act still exist (either at all, or in their 1972 form). For further information, and commentary on the HB implications, see “What is a non-metropolitan county council in England?”

For benefit cap purposes in Regulation 75H(6) of the Housing Benefit Regulations 2006:

• “relevant body” means a –

  • council for a county in England for each part of whose area there is a district council;

Regulation 2 of the Housing Benefit Regulations 2006

“person who requires overnight care” means a person (“P”) -

• a) who–

  • i) is in receipt of attendance allowance;
  • ii) is in receipt of the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;
    • iia) is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act;
    • iib) is in receipt of armed forces independence payment; or
  • iii) although not satisfying either paragraph (i), (ii), (iia) or (iib) above has provided the relevant authority with such certificates, documents, information or evidence as are sufficient to satisfy the authority that P requires overnight care; and

• b) whom the relevant authority is satisfied reasonably requires, and has in fact arranged, that one or more people who do not occupy as their home the dwelling to which the claim or award for housing benefit relates should–

  • i) be engaged in providing overnight care for P;
  • ii) regularly stay overnight at the dwelling for that purpose; and
  • iii) be provided with the use of a bedroom in that dwelling additional to those used by the persons who occupy the dwelling as their home,
• but, in a case where P is treated as occupying a dwelling which P does not actually occupy, paragraph (b)(ii) and (iii) are to be treated as satisfied where the relevant authority is satisfied that the dwelling contains such an additional bedroom and that P did or will reasonably so require and so arrange at such time as P actually occupied or occupies the dwelling.

Section 1 of the State Pension Credit Act 2002 says:

• 6) In this Act “the qualifying age” means -

  • in the case of a woman, pensionable age; or
  • in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man.

Pensionable age for a woman is gradually increasing until both men and women will have the same pensionable age from 2020. Thereafter the pensionable age for men and women will continue to rise. Projected pensionable age based on the date of birth of a man or woman can be viewed here.

Regulation 2 of the Housing Benefit Regulations 2006

• “registered housing association” means -

  • a private registered provider of social housing;

  • a housing association which is registered in a register maintained by the Welsh Ministers under Chapter 1 of Part 1 of the Housing Act 1996 or a registered social landlord within the meaning of Part 1 of that Act; or

  • a housing association which is registered by Scottish Ministers by virtue of section 57(3)(b) of the Housing (Scotland) Act 2001 or a registered social landlord within the meaning of section 165 of that Act

In Housing Benefit, “rent” is a term of art meaning any of the payments that are eligible to be met by Housing Benefit. The meaning of “rent” is not confined to payments that are regarded as true rent under a tenancy by a housing lawyer; conversely some payments that would be regarded as rent by a housing lawyer are not eligible to met by HB (mainly payments under a long tenancy).

Regulation 12(1) of the Housing Benefit Regulations 2006 lists the payments that are eligible to be met by HB, subject to some exceptions set out in Reg 12(2):

(12)

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

   • payments of, or by way of, rent;
   • payments in respect of a licence or permission to occupy the dwelling;
   • payments by way of mesne profits or, in Scotland, violent profits;
   • payments in respect of, or in consequence of, use and occupation of the dwelling;
   • payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;
   • mooring charges payable for a houseboat;
   • where the home is a caravan or a mobile home, payments in respect of the site on which it stands;
   • any contribution payable by a person resident in an almshouse provided by a housing association which is either a charity of which particulars are entered in the register of charities established under section 3 of the Charities Act 1993 (register of charities) or an exempt charity within the meaning of that Act, which is a contribution towards the cost of maintaining that association’s almshouses and essential services in them;
   • payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid; and
   • where, in Scotland, the dwelling is situated on or pertains to a croft within the meaning of section 3(1) of the Crofters (Scotland) Act 1993, the payment in respect of the croft land.

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

   • payments under a long tenancy except a shared ownership tenancy
     • payments under a co-ownership scheme;
     • payments by an owner;
     • payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; and
     • payments by a Crown tenant.
     • payments by a person in respect of a dwelling where his partner is an owner of that dwelling.

A local authority may revise any Housing Benefit decision it has made provided grounds exist and, in some cases, the claimant applies for revision or brings new facts to the authority’s attention within a time limit. The effect of revision is to remake the decision afresh and discard the original so that it no longer has effect for any period in its original form.

The power to revise decisions is found in Paragraph 3 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000:

(3)

1. Any relevant decision may be revised or further revised by the relevant authority which made the decision -

   • either within the prescribed period or in prescribed cases or circumstances; and
   • either on an application made for the purpose by a person affected by the decision or on their own initiative;
   • and regulations may prescribe the procedure by which a decision of a relevant authority may be so revised.

2. In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

3. Subject to sub-paragraphs (4) and (5) and paragraph 18, a revision under this paragraph shall take effect as from the date on which the original decision took (or was to take) effect.

4. Regulations may provide that, in prescribed cases or circumstances, a revision under this paragraph shall take effect as from such other date as may be prescribed.

5. Where a decision is revised under this paragraph, for the purposes of any rule as to the time allowed for bringing an appeal, the decision shall be regarded as made on the date on which it is so revised.

6. Except in prescribed circumstances, an appeal against a decision of the relevant authority shall lapse if the decision is revised under this paragraph before the appeal is determined.

The main Regulation made under para 3 is Regulation 4 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 which lists the detailed grounds for revision including those which carry a time limit.

Reg 12(8) of the Housing Benefit Regulations 2006

This version in force from 2006 to the present

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

Reg 12(8) of the Housing Benefit Regulations 2006

This version in force from 2006 to the present

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

Regulation 75H of the Housing Benefit Regulations 2006

Specified accommodation

75H. The accommodation referred to in regulation 75C(2)(a) is accommodation to which one or more of the following paragraphs applies.

This paragraph applies to accommodation which is exempt accommodation within the meaning of paragraph 4(10) of Schedule 3 to the Consequential Provisions Regulations.

This paragraph applies to accommodation -

• which is provided by a relevant body;
• into which the claimant has been admitted in order to meet a need for care, support or supervision; and
• where the claimant received care, support or supervision.

This paragraph applies to accommodation which -

• is provided by a relevant authority or a relevant body to the claimant because the claimant has left the home as a result of domestic violence; and
• consists of a building, or part of a building, which is used wholly or mainly for the non-permanent accommodation of persons who have left their homes as a result of domestic violence.

This paragraph applies to accommodation -

• which would be a hostel within the meaning of regulation 2(1) (interpretation) but for it being owned or managed by a relevant authority; and
• where the claimant receives care, support or supervision.

In this regulation -

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

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

• “domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to -

  • psychological abuse;
  • physical abuse;
  • sexual abuse;
  • emotional abuse;
  • financial abuse,

• regardless of the gender or sexuality of the victim;

• “relevant body” means a -
  • council for a county in England for each part of whose area there is a district council;
  • housing association;
  • registered charity; or
  • voluntary organisation.

A local authority may (and sometimes must) make a decision that supersedes any Housing Benefit decision it has made or that a Tribunal has made provided grounds exist and, in some cases, the claimant applies for supersession or brings a change of circumstances to the authority’s attention within a time limit. The effect of a superseding decision is usually to alter the rate of benefit from a certain date onwards, leaving the previous decision in place before that date.

The power to make superseding decisions is found in Paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act 2000:

(4)

1. Subject to sub-paragraphs (4) and (4A), the following, namely -

   • a) any relevant decision (whether as originally made or as revised under paragraph 3), and
   • b) any decision under this Schedule of the First-tier Tribunal or any decision of the Upper Tribunal which relates to any such decision,

   may be superseded by a decision made by the appropriate relevant authority, either on an application made for the purpose by a person affected by the decision or on their own initiative.

2. In this paragraph “the appropriate relevant authority” means the authority which made the decision being superseded, the decision appealed against to the First-tier Tribunal or, as the case may be, the decision to which the decision being appealed against to the Upper Tribunal relates.

3. In making a decision under sub-paragraph (1), the relevant authority need not consider any issue that is not raised by the application or, as the case may be, did not cause them to act on their own initiative.

4. Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision may be made under this paragraph.

   • a) Regulations may prescribe the cases and circumstances in which, and the procedure by which, a decision relating to housing benefit must be made by the appropriate relevant authority.

5. Subject to sub-paragraph (6) and paragraph 18, a decision under this paragraph shall take effect as from the date on which it is made or, where applicable, the date on which the application was made.

6. Regulations may provide that, in prescribed cases or circumstances, a decision under this paragraph shall take effect as from such other date as may be prescribed.

The main Regulations made under para 4 are Regulations 7 and 8 of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 which list the detailed grounds for supersession and the effective dates of the resulting superseding decisions including those which carry a time limit; and Regulation 79 of the Housing Benefit Regulations 2006 which further breaks down the possible effective dates of a change of circumstance.

Suspension of benefit happens when a claimant has an award of benefit in place - no decision has been made to end or change the award; but the body that makes the award (usually the Department for Work and Pensions or, in the case of Housing Benefit, the local authority) believes there is a possibility that the award does need to be stopped or changed. In these circumstances the benefit is not paid for the time being. If the issue causing concern is resolved to the awarding body’s satisfaction the suspended benefit is reinstated in full.

In Housing Benefit suspension is governed by Regulation 11 of the Housing benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001:

Cases where a relevant authority may suspend

(11)

1. A relevant authority may suspend, in whole or in part -

   • a) any payment of housing benefit or council tax benefit;
   • b) any reduction (by way of council tax benefit) in the amount that a person is or will become liable to pay in respect of council tax,

   in the circumstances prescribed in paragraph (2).

2. The prescribed circumstances are where -

   • a) it appears to the relevant authority that an issue arises whether—
     • i) the conditions for entitlement to housing benefit or council tax benefit are or were fulfilled; or
     • ii) a decision as to an award of such a benefit should be revised under paragraph 3 of Schedule 7 to the Act or superseded under paragraph 4 of that Schedule;
   • b) an appeal is pending against -
     • i) a decision of an appeal tribunal, a Commissioner or a court; or
     • ii) a decision given by a Commissioner or a court in a different case, and it appears to the relevant authority that if the appeal were to be determined in a particular way an issue would arise whether the award of housing benefit or council tax benefit in the case itself ought to be revised or superseded; or
   • c) an issue arises whether -
     • i) an amount of housing benefit is recoverable under section 75 (overpayments) of the Administration Act or regulations made under that section; or
     • ii) an excess payment of council tax benefit under section 76 of the Administration Act or regulations made under that section has occurred.

There are three overlapping but slightly different definitions of temporary accommodation affecting Housing Benefit and Universal Credit:

• Regulation A13 defines temporary accommodation that is not affected by the Maximum Rent (Social Sector) (or “bedroom tax”)
• Articles 17 to 17C of the Income Related Benefits (Subsidy to Authorities) Order 1998 define the temporary accommodation for which special rates of subsidy may be claimed from central government by the local authority responsible for paying Housing Benefit
• Paragraph 21 of Schedule 4 to the Universal Credit Regulations 2013 defines the temporary accommodation which attracts a housing element calculated under the same rules as Local Housing Allowance

The three definitions are reproduced below:

HB Reg A13 (bedroom tax does not apply):

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

• a) to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; or
• b) to prevent the claimant being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

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

• a) accommodation -
  • i) provided for a charge, where that charge includes the provision of that accommodation and some cooked or prepared meals which are also cooked or prepared, and consumed, in that accommodation or associated premises; or
  • ii) provided in a hotel, guest house, lodging house or similar establishment, but does not include accommodation which is provided in a care home, an independent hospital or a hostel;
• b) accommodation which the authority or registered housing association holds on a lease and, in the case of an authority in England, is held outside the Housing Revenue Account on a lease granted for a term not exceeding 10 years;
• c) accommodation which the authority or registered housing association has a right to use under an agreement other than a lease with a third party.

Articles 17 to 17C of the Subsidy Order:

(17)

1) This article applies where -

• a) a rent rebate is payable by an authority;
• b) a person (“P”) is required to pay the authority for -
  • i) board and lodging accommodation; or
  • ii) accommodation which is not self-contained and which the authority has a right to use under an agreement, other than a lease, with a third party; and
• c) the authority makes the accommodation available to P -
  • i) to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
  • ii)to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

2) Where this article applies the appropriate amount is the lowest of -

• a) the amount of housing benefit entitlement in a week or part week, as the case may be; or
• b) the maximum amount determined in accordance with paragraph (3); or
• c) £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

3) The maximum amount referred to in paragraph (2) is the local housing allowance for January 2011 for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

4) For the purposes of this article and articles 17A, 17B and 17C, accommodation is self-contained if P’s household is not required to share one or more of the following with another household -

• a) a kitchen;
• b) a toilet;
• c) a bathroom.

5) In this article and articles 17A, 17B and 17C -

• “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order; and
• “local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order.

(17A)

1) This article applies where -

• a) a rent rebate is payable by an authority;
  • b) a person (“P”) is required to pay the authority -
    • i) for self-contained accommodation which the authority has a right to use under an agreement, other than a lease, with a third party;
    • ii) in England, for accommodation outside that authority’s Housing Revenue Account which the authority holds on a lease granted for a term not exceeding 10 years; or
    • iii) in Wales and Scotland, for accommodation which the authority holds on a lease; and
• c) the authority makes the accommodation available to P -
  • i) to discharge any of its functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
  • ii) to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987.

2) Where this article applies, the appropriate amount is the lowest of -

• a) the amount of housing benefit entitlement in a week or part week, as the case may be; or
• b) the maximum amount determined in accordance with paragraph (3); or
• c) £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

3) The maximum amount referred to in paragraph (2) is the aggregate of -

• a) 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated; and
• b) either -
  • i) £40 for authorities listed in Schedule 7 (authorities in London); or
    • ii) £60 for other authorities.

4) For the purposes of determining the applicable local housing allowance in paragraph (3) -

• a) for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and
• b) for accommodation which is self-contained—
  • i) where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and
  • ii) where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.

(17B)

1) This article applies where -

• a) a rent allowance is payable by an authority;
• b) a person (“P”) is required to pay a registered housing association for—
  • i) board and lodging accommodation; or
  • ii) accommodation which is not self-contained and which the registered housing association has a right to use under an agreement, other than a lease, with a third party; and
• c) the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—
  • i) to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
    • ii) to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; and
• d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.]

2) Where this article applies the appropriate amount is the lowest of -

• a) the amount of housing benefit entitlement in a week or part week, as the case may be;
• b) the maximum amount determined in accordance with paragraph (3); or
• c) £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

3) The maximum amount referred to in paragraph (2) is the local housing allowance for January 2011 for the category specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order which is applicable to the broad rental market area in which the accommodation is situated.

(17C)

1) This article applies where -

• a) a rent allowance is payable by an authority; and
• b) a person (“P”) is required to pay a registered housing association for -
  • i) accommodation which is not self-contained and which the registered housing association owns or holds on a lease; or
  • ii) accommodation which is self-contained; and
• c) the registered housing association makes the accommodation available to P in pursuance of arrangements made with it by the authority—
  • i) to discharge any of the authority’s functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, as the case may be; or
  • ii) to prevent P being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or (in Scotland) Part 2 of the Housing (Scotland) Act 1987; and
• d) the accommodation is not exempt accommodation within the meaning given by paragraph 4(10) of Schedule 3 (transitional and savings provisions) to the Consequential Provisions Regulations.

2) Where this article applies the appropriate amount is the lowest of -

• a) the amount of housing benefit entitlement in a week or part week, as the case may be;
• b) the maximum amount determined in accordance with paragraph (3); or
• c) £500 where the dwelling is located in a broad rental market area listed in Schedule 8 (broad rental market areas in London) or £375 where the dwelling is located in any other broad rental market area.

3) The maximum amount referred to in paragraph (2) is the aggregate of -

• a) 90% of the local housing allowance for January 2011 for the category specified in paragraphs 1(1)(b) to (f) of Schedule 3B to the Rent Officers Order (as in force on 1st January 2011) which applies to the accommodation and is applicable to the broad rental market area in which the accommodation is situated; and
• b) either -
  • i) £40 for authorities listed in Schedule 7 (authorities in London); or
  • ii) £60 for other authorities.

4) For the purposes of determining the applicable local housing allowance in paragraph (3) -

• a) for accommodation which is not self-contained, the applicable local housing allowance is the local housing allowance specified in paragraph 1(1)(b) of Schedule 3B to the Rent Officers Order; and
• b) for accommodation which is self-contained -
  • i) where the total number of rooms suitable for living in and bedrooms in the accommodation is between two and five, at least one of those rooms is to be treated as a room suitable for living in; and
  • ii) where the total number of rooms suitable for living in and bedrooms in the accommodation is six or more, at least two of those rooms are to be treated as rooms suitable for living in.

Sched 4.21 of Universal Credit Regs:

(21)

1) Accommodation is temporary accommodation for the purposes of paragraph 20(1)(b) if it falls within Case 1 or Case 2.

2) Case 1 is where -

• a) rent payments are payable to a local authority;
• b) the local authority makes the accommodation available to the renter -
  • i) to discharge any of the local authority's functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, or
  • ii) to prevent the person being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987; and
• c) the accommodation is not exempt accommodation.

3) Case 2 is where -

• a) rent payments are payable to a provider of social housing other than a local authority;
• b) that provider makes the accommodation available to the renter in pursuance of arrangements made with it by a local authority -
  • i) to discharge any of the local authority's functions under Part 3 of the Housing Act 1985, Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987, or
    • ii) to prevent the renter being or becoming homeless within the meaning of Part 7 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 1987; and
• c) the accommodation is not exempt accommodation.

4) Sub-paragraph (1) applies irrespective of whether the renter is also liable to make service charge payments.

Regulation 2 of the Housing Benefit Regulations 2006 defines a voluntary organisation as “a body, other than a public or local authority, the activities of which are carried on otherwise than for profit”.

From Regulation 2 of the Housing Benefit Regulations 2006

“young individual” means a single claimant who has not attained the age of 35 years, but does not include such a claimant -

• a) whose landlord is a registered housing association;
• b) who has not attained the age of 22 years and has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989 which had previously been made in respect to him either -
  • i) after he attained the age of 16 years; or
  • ii) before he attained the age of 16 years, but had continued after he attained that age;
• c) who has not attained the age of 22 years and was formerly provided with accommodation under section 20 of the Children Act 1989;
• d) who has not attained the age of 22 years and has ceased to be subject to a supervision requirement by a children’s hearing under section 70 of the Children (Scotland) Act 1995 (“the 1995 Act”) made in respect of him which had continued after he attained the age of 16 years, other than a case where -
  • i) the ground of referral was based on the sole condition as to the need for compulsory measures of care specified in section 52(1)(i) of the 1995 Act (commission of offences by child); or
  • ii) he was required by virtue of the supervision requirement to reside with a parent or guardian of his within the meaning of the 1995 Act, or with a friend or relative of his or of his parent or guardian;
• e) who has not attained the age of 22 years and has ceased to be a child in relation to whom the parental rights and responsibilities were transferred to a local authority under a parental responsibilities order made in accordance with section 86 of the 1995 Act or treated as so vested in accordance with paragraph 3 of Schedule 3 to that Act or has ceased to be a child in relation to whom a Permanence Order under section 80 of the Adoption and Children (Scotland) Act 2007 has be made, or treated as being made., either -
  • i) after he attained the age of 16 years; or
  • ii) before he attained the age of 16 years, but had continued after he attained that age; or
• f) who has not attained the age of 22 years and has ceased to be provided with accommodation by a local authority under section 25 of the 1995 Act where he has previously been provided with accommodation by the authority under that provision either -
  • i) after he attained the age of 16 years; or
  • ii) before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age; or
• g) who is a person who requires overnight care;
• h) who has attained the age of 25 years and to whom paragraph (1A), (1C) or both apply;
• i) who is a person who has not attained the age of 22 years and has ceased to be subject to a compulsory supervision order within the meaning of section 83 of the Children’s Hearing (Scotland) Act 2011 (“the 2011 Act”) which had continued after that person attained the age of 16 years, other than a case where -
  • i) the section 67 ground (within the meaning of that Act) was based on the sole condition as to the need for compulsory measures of supervision specified in section 67(2)(j) (the child has committed an offence) of the 2001 Act; or
  • ii) that person was required by virtue of the compulsory supervision order to reside with a parent or guardian of that person within the meaning of the 1995 Act, or with a friend or relative of that person or of that person’s parent or guardian; or
• j) who is a qualifying parent or carer;