The Housing Benefit Regulations (Northern Ireland) 2006

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"the 1950 Act" means the Employment and Training Act (Northern Ireland) 1950[7];

"the Act" means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

"the Administration Act" means the Social Security Administration (Northern Ireland) Act 1992;

"the Children Order" means the Children (Northern Ireland) Order 1995[8];

"the Employment Rights Order" means the Employment Rights (Northern Ireland) Order 1996[9];

"the Fraud Act" means the Social Security Fraud Act (Northern Ireland) 2001[10];

"the Health and Personal Social Services Order" means the Health and Personal Social Services (Northern Ireland) Order 1972 [11];

"the Immigration and Asylum Act" means the Immigration and Asylum Act 1999[12];

"the Jobseekers Order" means the Jobseekers (Northern Ireland) Order 1995[13];

"the Quality, Improvement and Regulation Order" means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[14];

"the Tax Credits Act" means the Tax Credits Act 2002[15];

"the Taxes Act" means the Income and Corporation Taxes Act 1988[16];

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

"adoption leave" means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights Order[17];

"appropriate office" means an office of the Department dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support and jobseeker's allowance;

"assessment period" means such period as is prescribed in regulations 26 to 28 over which income falls to be calculated;

"attendance allowance" means—

(a) an attendance allowance under Part III of the Act;

(b) an increase of disablement pension under section 104 or 105 of the Act;

(c) a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Schedule 8 to the Act;

(d) a payment analogous to a payment by way of an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992[18];

(e) a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983[19] or any analogous payment; or

(f) any payment based on need for attendance which is paid as part of a war disablement pension;

"the benefit Acts" means the Act and the Jobseekers Order;

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

"child" means a person under the age of 16;

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

"claim" means a claim for housing benefit;

"claimant" means a person claiming housing benefit;

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

"community charge benefit" means community charge benefits under Part VII of the Social Security Contributions and Benefits Act 1992[20] as originally enacted;

"concessionary payment" means a payment made under arrangements made by the Department with the consent of the Department of Finance and Personnel which is charged either to the Northern Ireland National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act are charged;

"the Consequential Provisions Regulations" means the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006[21];

"couple" means—

(a) a man and woman who are married to each other and are members of the same household;

(b) a man and woman who are not married to each other but are living together as husband and wife;

(c) 2 people of the same sex who are civil partners of each other and are members of the same household; or

(d) 2 people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 2 people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead 2 people of the opposite sex;

"course of study" has the meaning prescribed in regulation 50;

"date of claim" means the date on which the claim is made, or treated as made, for the purposes of regulation 81;

"the Decisions and Appeals Regulations" means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[22];

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

(a) by notice upon or with a form approved by it for the purpose of claiming housing benefit;

(b) by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or

(c) by any combination of the provisions set out in paragraphs (a) and (b);

"disability living allowance" means a disability living allowance under section 71 of the Act[23];

"dwelling occupied as the home" means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with—

(a) any agricultural land adjoining that dwelling; and

(b) any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

"earnings" has the meaning prescribed in regulation 32 or, as the case may be, 34;

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

"eligible rates" is to be construed in accordance with regulation 12;

"eligible rent" is to be construed in accordance with regulation 13;

"employed earner" means a person who is gainfully employed in Northern Ireland or the Republic of Ireland either under a contract of service or in an office (including elective office) with general earnings and also includes a person who is in receipt of a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay or statutory maternity pay;

"the Executive" means the Northern Ireland Housing Executive;

"extended payment" means a payment of housing benefit pursuant to regulation 70;

"extended payment (severe disablement allowance and incapacity benefit)" means a payment of housing benefit pursuant to regulation 71;

"family" has the meaning assigned to it by section 133(1) of the Act;

"the former Regulations" means the Housing Benefit (General) Regulations (Northern Ireland) 1987[24];

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

"a guaranteed income payment" means a payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005[25];

"Health and Social Services Board" means a Board established under Article 16 of the Health and Personal Social Services Order;

"HSS trust" means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[26], by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994[27];

"hostel" means a building—

(a) 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;

(b) which is—


(i) managed or owned by a registered housing association;

(ii) 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, the Executive or a Health and Social Services Board or HSS trust, or

(iii) 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



(c) which is not—



(i) a residential care home;

(ii) a nursing home;

(iii) an independent hospital, or

(iv) an Abbeyfield Home;

"housing association" has the meaning assigned to it by Article 3 of the Housing (Northern Ireland) Order 1992[28];

"an income-based jobseeker's allowance" has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order[29];

"the Income Support Regulations" means the Income Support (General) Regulations (Northern Ireland) 1987[30];

"independent hospital" has the meaning assigned to it by Article 2(2) of the Quality, Improvement and Regulation Order;

"the Independent Living Fund" means the charitable trust established out of funds provided by the Secretary of State for the purpose of providing financial assistance to those persons incapacitated by or otherwise suffering from very severe disablement who are in need of such assistance to enable them to live independently;

"the Independent Living Funds" means the Independent Living Fund, the Independent Living (Extension) Fund and the Independent Living (1993) Fund;

"the Independent Living (Extension) Fund" means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

"the Independent Living (1993) Fund" means the Trust of that name established by a deed dated 25th February 1993 and made between the Secretary of State of the one part and Robin Glover Wendt and John Fletcher Shepherd of the other part;

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

"the Jobseeker's Allowance Regulations" means the Jobseeker's Allowance Regulations (Northern Ireland) 1996[31];

"a joint-claim jobseeker's allowance" has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order[32];

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

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

"lower rate" where it relates to rates of tax has the same meaning as in the Taxes Act[33] by virtue of section 832(1) of that Act;

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

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

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

"maternity leave" means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part IX of the Employment Rights Order[34];

"maximum rent" means the amount to which the eligible rent is restricted in a case where regulation14 applies;

"mover" means a claimant who changes the dwelling which he occupies as his home in respect of which he is liable or treated as liable to make payments;

"net earnings" means such earnings as are calculated in accordance with regulation 33;

"net profit" means such profit as is calculated in accordance with regulation 35;

"non-dependant" has the meaning prescribed in regulation 3;

"non-dependant deduction" means a deduction that is to be made under regulation 72;

"nursing home" has the meaning it has for the purposes of the Quality, Improvement and Regulation Order by virtue of Article 11 of that Order;

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

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

"owner" means the person who, otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple or leasehold interest of any rateable unit, whether or not with the consent of other joint owners;

"partner" means—

(a) where a claimant is a member of a couple, the other member of that couple; or

(b) where a claimant is polygamously married to 2 or more members of his household, any such member;

"paternity leave" means a period of absence from work on leave by virtue of Article 112A or 112B of the Employment Rights Order[35];

"payment" includes part of a payment;

"pension fund holder" means with respect to a personal pension scheme or retirement annuity contract, the trustees, managers or scheme administrators, as the case may be, of the scheme or contract concerned;

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

"person on income support" means a person in receipt of income support;

"personal pension scheme" has the same meaning as in section 1 of the Pension Schemes (Northern Ireland) Act 1993[36] and, in the case of a self-employed earner, includes a scheme approved by the Commissioners for Her Majesty's Revenue and Customs under Chapter IV of Part XIV of the Taxes Act;

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

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

"Preparation for Employment Programme for 50 plus" means the programme known by that name and provided in pursuance of arrangements made under section 1 of the 1950 Act[37], being a programme lasting for up to 52 weeks for any one individual aged 50 years or over on the day that he first joined any such programme, and consisting for that individual of any one or more of the following elements, namely employed earner's employment, assistance in pursuing self-employed earner's employment, education and training, work experience, assistance with job search, motivation and skills training;

"the qualifying age for state pension credit" means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002[38])—

(a) in the case of a woman, pensionable age; or

(b) 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;

"qualifying person" means a person in respect of whom payment has been made from the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund;

"rateable unit" means a hereditament as defined in Article 2(2) of the Rates (Northern Ireland) Order 1977;

"relative" means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

"relevant authority" means an authority administering housing benefit;

"remunerative work" has the meaning prescribed in regulation 6;

"rent" includes all those payments in respect of a dwelling specified in regulation 13(1);

"residential care home" has the meaning it has for the purposes of the Quality, Improvement and Regulation Order by virtue of Article 10 of that Order;

"retirement annuity contract" means a contract or trust scheme approved under Chapter III of Part XIV of the Taxes Act;

"self-employed earner" means a person who is gainfully employed in Northern Ireland or the Republic of Ireland otherwise than in employed earner's employment (whether or not he is also employed in such employment);

"self-employment route" means assistance in pursuing self-employed earner's employment whilst participating in a programme provided or other arrangements made pursuant to section 1 of the 1950 Act (general functions of Department as to employment and training for employment);

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

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

"sports award" means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993[39] out of sums allocated to it for distribution under that section;

"student" has the meaning prescribed in regulation 50;

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

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

(a) out of public funds by a government department or by or on behalf of the Department for Employment and Learning[40];

(b) to a person for his maintenance or in respect of a member of his family; and

(c) for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to him or so provided or approved by or on behalf of the Department for Employment and Learning,

but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under arrangements provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945[41] or made under section 1(1) of the 1950 Act, or is training as a teacher;

"voluntary organisation" means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association;

"war widower's pension" means any widower's or surviving civil partner's pension or allowance granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917[42], the Personal Injuries (Emergency Provisions) Act 1939[43], the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939[44], the Polish Resettlement Act 1947[45] or Part VII or section 151 of the Reserve Forces Act 1980[46] or a pension or allowance for a widower or surviving civil partner granted under any scheme mentioned in section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003[47];

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

"the Working Tax Credit Regulations" means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002[48];

"young individual" means a single claimant who has not attained the age of 25 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 Article 50(1)(a) of the Children Order 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; or



(c) who has not attained the age of 22 years and was formerly provided with accommodation under Article 21 of the Children Order;

"young person" has the meaning prescribed in regulation 17(1).

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

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

(a) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker's allowance but where the allowance is not paid in accordance with Article 21 or 22A of the Jobseekers Order (circumstances in which a jobseeker's allowance is not payable);

(b) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Order and which falls immediately before a day in respect of which an income-based jobseeker's allowance is payable to him or would be payable to him but for Article 21 or 22A of that Order;

(c) in respect of which he is a member of a joint-claim couple for the purposes of the Jobseekers Order and no joint-claim jobseeker's allowance is payable in respect of that couple as a consequence of either member of that couple being subject to sanctions for the purposes of Article 22A of that Order; or

(d) in respect of which an income-based jobseeker's allowance or a joint-claim jobseeker's allowance would be payable but for a restriction imposed pursuant to section 6, 7 or 8 of the Fraud Act[49] (loss of benefit provisions).

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

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


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

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



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

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

    (5) Subject to paragraphs (6) and (7), the Interpretation Act (Northern Ireland) 1954[50] shall apply to these Regulations as it applies to an Act of the Assembly.

    (6) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

    (7) Without prejudice to any other method of service authorised under section 24 of the Interpretation Act (Northern Ireland) 1954, the requirement to send any document under these Regulations may be met by sending it by ordinary post.

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

    (2) This paragraph applies to—

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

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

(c) a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 19;

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

(e) subject to paragraph (3)—


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

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

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



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

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

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

Cases in which section 1(1A) of the Administration Act is disapplied
     4. Section 1(1A) of the Administration Act[51] (requirement to state national insurance number) shall not apply—

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

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

Persons who have attained the qualifying age for state pension credit
     5. —(1) These Regulations apply to a person who—

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

(b) has attained the qualifying age for state pension credit if he, or if he has a partner, his partner, is a person on income support or on an income-based jobseeker's allowance.

    (2) Regulation 70 and Schedule 8 (extended payments) apply to a person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit.

    (3) Except as provided in paragraphs (1) and (2), these Regulations shall not apply in relation to any person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit.

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

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

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

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

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

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

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

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

    (7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave or adoption leave, or is absent from work because he is ill.

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

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

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

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

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

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


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

(ii) the move was delayed pending the outcome of an application under Part VIII of the Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant's family is aged 5 or under or the claimant's applicable amount includes a premium under paragraph 9, 10, 11, 12, 14 or 16 of Schedule 4, or

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



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

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



(a) in the case of a claim in respect of which a decision has not yet been made the date that claim was or was treated as made in accordance with regulation 81;

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

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



whichever of those dates is the later.

    (10) Where a person to whom neither paragraph (6)(a) or (16)(c)(x) applies—



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


(i) in the dwelling, or

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



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



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

    (11) This paragraph shall apply to a person who enters residential accommodation—



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

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

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



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

    (13) Subject to paragraph (17), a person shall be treated as occupying a dwelling as his home while he is temporarily absent therefrom for a period not exceeding 13 weeks beginning from the first day of that absence from the home only if—



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

(b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sublet; and

(c) the period of absence is unlikely to exceed 13 weeks.



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



(a) detained in custody pending sentence upon conviction or under a sentence imposed by a court, other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986[52]; and

(b) on temporary release from such detention in accordance with Rules made under the provisions of the Prison Act (Northern Ireland)1953[53].



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



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

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

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



    (16) This paragraph shall apply to a person who is temporarily absent from the dwelling he normally occupies as his home ("absence"), if—



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

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

(c) he is—


(i) detained in custody on remand pending trial or, as a condition of bail, required to reside in a dwelling, other than the dwelling he occupies as his home or, detained pending sentence upon conviction;

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

(iii) undergoing, or as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;

(iv) following, in the United Kingdom or elsewhere, a training course;

(v) undertaking medically approved care of a person residing in the United Kingdom or elsewhere;

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

(vii) a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation;

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

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

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



(d) the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.



    (17) A person to whom paragraph (16) applies shall be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning from the first day of that absence.

    (18) In this regulation—



"medically approved" means certified by a medical practitioner;
"patient" means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
"residential accommodation" means accommodation which is provided in—
(a) a residential care home;

(b) a nursing home;

(c) an independent hospital;

(d) an Abbeyfield Home; or

(e) an establishment managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision;


"training course" means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, a government department.

Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling
     8. —(1) Subject to regulation 9, the following persons shall be treated as if they were liable to make payments in respect of a dwelling—



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

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

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


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

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



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

(e) a person who is a partner of a student to whom regulation 53(1) applies.



    (2) A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period and, where the amount which a person is liable to pay in respect of a period is varied either during or after that period, he shall, subject to regulations 77 to 79, be treated as liable to pay the amount as so varied during the whole of that period.

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



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

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

(c) his liability under the agreement is—


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

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



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

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



(i) he or his partner;

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

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



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

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

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

(h) he previously owned, or his partner previously owned, the dwelling in respect of which the liability arises and less than 5 years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;

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

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

(k) he is in residential accommodation;

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



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

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

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



(a) a residential care home;

(b) a nursing home; or

(c) an independent hospital.



Persons from abroad
     10. —(1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1[54] (treatment of claims for housing benefit by refugees) apply.

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

    (3) No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4).

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



(a) regulation 13 of the Immigration (European Economic Area) Regulations 2006[55];

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


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

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;



(c) Article 6 of Council Directive No. 2004/38/EC[56]; or

(d) Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).



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



(a) a worker for the purposes of Council Directive No. 2004/38/EC;

(b) a self-employed person for the purposes of that Directive;

(c) a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;

(d) a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;

(e) a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;

(f) a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of "qualified person" in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004[57];

(g) a refugee;

(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971[58];

(i) a person who has humanitarian protection granted under those rules;

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

(k) a person in Northern Ireland who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or

(l) in receipt of income support or a person on an income-based jobseeker's allowance.



    (6) Paragraph 1 of Part I of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[59] shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).

    (7) In this regulation "refugee" means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees[60].





PART III
Payments in respect of a dwelling
Eligible housing costs
     11. —(1) Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulations 12(1) and 13(1) and a claimant's maximum housing benefit shall be calculated under Part VIII by reference to—


(a) in the case of a rate rebate, the amount of his eligible rates determined in accordance with regulation 12(3); and

(b) in the case of a rent rebate or allowance, the amount of his eligible rent determined in accordance with regulations 13(3) and (7) and 14.



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

    (3) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 13(1), is increased on account of—



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

(b) any other unpaid payment or charge,



to which paragraphs (1) to (3) of that regulation or Schedule 1 refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.

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

Rates
     12. —(1) The payments in respect of which housing benefit is payable in the form of a rate rebate are the payments by way of rates in respect of the dwelling which a person occupies as his home.

    (2) Where the person is liable to make payments only of such a kind as are specified in regulation 13(1) in respect of the dwelling which he occupies as his home and which comprises part only of a rateable unit, the proportion of those payments equal to the proportion of the rates payable in respect of the rateable unit as a whole which appears to the appropriate authority to be referable to his dwelling shall be treated as payments by way of rates for the purposes of paragraph (1).

    (3) Subject to any apportionment in accordance with paragraphs (4) and (5) the amount of a person's eligible rates shall be the amount of the payments by way of rates referred to in paragraph (1), or, as the case may be, (2).

    (4) Where a rateable unit consists partly of residential accommodation and partly of other accommodation, only such proportion of the rates payable for that rateable unit as is referable to the residential accommodation shall count as eligible rates for the purpose of these Regulations.

    (5) Subject to paragraph (6), where more than one person is liable to make payments by way of rates in respect of a dwelling, the rates payable in respect of that dwelling shall be apportioned for the purposes of calculating the eligible rates for each such person having regard to all the circumstances, in particular the number of such persons and the proportion of rates paid by each such person.

    (6) Paragraph (5) shall not apply to any person so residing with the claimant who is a student to whom regulation 53(1) applies.

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



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

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

(c) payments by way of mesne profits;

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

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

(f) mooring charges payable for a houseboat;

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

(h) 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.



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



(a) payments by an owner;

(b) 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

(c) payments by a person who is eligible for a rent rebate or allowance under a scheme operated by the Ministry of Defence.



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



(a) the maximum rent where a maximum rent has been, or falls to be, determined in accordance with regulation 14;

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


(i) except where he is separately liable for rates, an amount determined in accordance with paragraph (6);

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

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



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

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

    (6) The amount of the deduction in respect of rates referred to in paragraph (3) 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).



    (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.

    (8) In this regulation and Schedule 1—



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

Maximum rent
     14. —(1) Where the Executive has made a decision in accordance with Schedule 2, the maximum rent shall be decided in accordance with paragraphs (2) to (17).

    (2) In a case where a claim-related rent has been decided, but a local reference rent or a single room rent is not required, the maximum rent shall be that claim-related rent.

    (3) In a case where a local reference rent has been decided, the maximum rent shall not exceed twice that local reference rent.

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



(a) except where sub-paragraph (b) applies, where the Executive has decided a single room rent, the maximum rent shall not exceed that single room rent;

(b) where—


(i) the Executive has decided a single room rent and a claim-related rent;

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

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



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



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



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

(b) to whom paragraph 14 of Schedule 4 applies; or

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



    (6) Subject to the limits specified in paragraphs (3) and (4), in a case where both a local reference rent and a claim-related rent has been decided, and—



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

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



    (7) Subject to the limits specified in paragraphs (3) and (4), in a case where a local reference rent has been decided, but a claim-related rent has not been decided and the reckonable rent is more than the local reference rent, the maximum rent shall be the local reference rent.

    (8) In a case where—



(a) the Executive has decided a maximum rent in respect of a dwelling; and

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



then—



(i) the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the effective date of a decision made by the Executive under regulation 15, and

(ii) the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the effective date of a decision made by the Executive under regulation 15.



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



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

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



then in deciding a maximum rent in relation to a claim for benefit of a claimant who has a liability to make payments in respect of that dwelling, the Executive shall treat the claim-related rent or, as the case may be, reckonable rent to be that decided in or, as the case may be, applicable to, that decision referred to in sub-paragraph (a).

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

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



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

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



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

    (12) For the purposes of paragraph (11), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 is satisfied and for that purpose sub-paragraph (b) of that paragraph of that regulation shall be treated as if it were omitted.

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

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

    (15) Paragraph (14) shall not apply where a claimant 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 his current award of housing benefit.

    (16) This paragraph applies to the following persons—



(a) the claimant;

(b) any member of his family;

(c) if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;

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



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

    (18) In this regulation—



"claim-related rent" means the rent decided by the Executive under paragraph 6 of Schedule 2;
"deduction for meals" means any amount of a person's otherwise eligible rent which is an ineligible service charge by reason of and within the meaning of paragraph 1(a)(i) of Schedule 1;
"local reference rent" means the rent decided in accordance with paragraph 4 of Schedule 2;
"reckonable rent" means those payments, which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for this regulation, be eligible for housing benefit plus the amount of any deduction for fuel or deduction for meals, as the case may be, which that person is liable to pay;
"single room rent" means the rent decided by the Executive under paragraph 5 of Schedule 2.

Decisions
     15. —(1) Subject to paragraph (3), in respect of a claim for rent allowance the Executive shall—



(a) make the decision in accordance with Part I of Schedule 2; and

(b) comply with Part II of Schedule 2 when making the decision.



    (2) The Executive, on the first working day of each month, shall—



(a) make a decision in accordance with Part III of Schedule 2; and

(b) comply with paragraph 8(2) of Schedule 2 when making the decision.



    (3) No decision shall be made—



(a) under paragraph 3, 4 or 5 of Schedule 2 if the tenancy is of residential accommodation, within the meaning of regulation 9(4), or in a hostel;

(b) for a tenancy under Schedule 3; or

(c) under paragraph 5 of Schedule 2 unless the Executive is satisfied that the claimant is, or may be, a young individual.



    (4) This regulation shall apply as specified in Part V of Schedule 2 in relation to—



(a) mooring charges payable for a houseboat;

(b) payments in respect of the site on which a caravan or a mobile home stands; or

(c) payments under a rental purchase agreement.



Pre-tenancy decisions
     16. —(1) Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a decision shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person ("the prospective occupier") on a properly completed form approved for the purpose by the Executive, signifying that he is contemplating occupying a dwelling as his home and that if he does so, he is likely to claim housing benefit, but only where that form—



(a) is signed by the prospective occupier;

(b) is countersigned by the person to whom the prospective occupier would incur liability to make such payments; and

(c) indicates that the person countersigning agrees to the application being made for that decision.



    (2) A decision by the Executive shall not be required under paragraph (1) where a request relates to—



(a) a dwelling in a hostel if, during the period of 12 months which ends on the day on which that request is received by the Executive—


(i) the Executive has already made a decision in accordance with Schedule 2 in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the request relates, and

(ii) there has been no change relating to a rent allowance that has affected the dwelling in respect of which that decision was made; or



(b) an "excluded tenancy" within the meaning of Schedule 3.



    (3) Where the Executive receives a request pursuant to paragraph (1) it shall make a decision within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a decision in accordance with Schedule 2 is not required, where the Executive shall—



(a) return it to the prospective occupier, indicating why no such application is required; and

(b) where it is not required by reason of either paragraph (2)(a) of this regulation or paragraph 2 of Schedule 3, also send him a copy of the previous decision within 4 days of the receipt of that request.



    (4) For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or deciding claims.

    (5) In this regulation—



"change relating to a rent allowance" means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 3 applies;
"prospective occupier" shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;
"registered housing association" means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992 [61].





PART IV
Membership of a family
Persons of prescribed description
     17. —(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family[62]) is a person who falls within the definition of qualifying young person in section 138 of the Act[63] (child and qualifying young person), and in these Regulations such a person is referred to as a "young person".

    (2) Paragraph (1) shall not apply to a person who is—


(a) on income support or an income-based jobseeker's allowance; or

(b) a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002[64] (exclusion from benefits) applies.



    (3) A person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family) includes a child or young person in respect of whom section 141A of that Act[65] applies for the purposes of entitlement to child benefit but only for the period prescribed under section 141A(1) of that Act.

Circumstances in which a person is to be treated as responsible or not responsible for another
     18. —(1) Subject to the following provisions of this regulation, a person shall be treated as responsible for a child or young person who is normally living with him and this includes a child or young person to whom regulation 17(3) applies.

    (2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—



(a) the person who is receiving child benefit in respect of him; or

(b) if there is no such person—


(i) where only one claim for child benefit has been made in respect of him, the person who made that claim, or

(ii) in any other case the person who has the primary responsibility for him.



    (3) For the purposes of these Regulations a child or young person shall be the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Circumstances in which a person is to be treated as being or not being a member of the household
     19. —(1) Subject to paragraphs (2) to (4), the claimant and any partner and, where the claimant or his partner is treated as responsible by virtue of regulation 18 for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.

    (2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—



(a) that person does not intend to resume living with the other members of his family; or

(b) his absence from the ot