Statutory Instrument 1987 No. 1971

      The Housing Benefit (General) Regulations 1987

      © Crown Copyright 1987

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STATUTORY INSTRUMENTS

1987 No. 1971

HOUSING, ENGLAND AND WALES HOUSING, SCOTLAND RATING AND VALUATION

The Housing Benefit (General) Regulations 1987

Made 20th November 1987
Coming into force
  for the purposes of all the regulations to the extent they relate to cases referred to in regulation 1(1)(a) and (2) 1st April 1988
  for all other purposes 4th April 1988


ARRANGEMENT OF REGULATIONS

PART I
General
1.  Citation and commencement
2.  Interpretation.
3.  Definition of non-dependant.4.Remunerative work.
PART II
Provisions affecting entitlement to housing benefit
5  .Circumstances in which a person is or is not to be treated as occupying a dwelling as his home.
6.  Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling.
7.  Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling.
PART III
Payments in respect of a dwelling
8.  Eligible housing costs.
9.  Rates.
10.  Rent.
11.  Restrictions on unreasonable payments.
12.  Restrictions on rent increases.
PART IV
Membership of a family
13.  Persons of prescribed description.
14.  Circumstances in which a person is to be treated as responsible or not responsible for another.
15.  Circumstances in which a person is to be treated as being or not being a member of the household.
PART V
Applicable amounts
16.  Applicable amounts.
17.  Polygamous marriages.
18.  Patients.
PART VI
Income and capital
CHAPTER I:
GENERAL
19.  Calculation of income and capital of members of claimant's family and of a polygamous marriage.
20.  Circumstances in which income of non-dependant is to be treated as claimant's.
CHAPTER II:
INCOME
21.  Calculation of income on a weekly basis.
22.  Average weekly earnings of employed earners.
23.  Average weekly earnings of self-employed earners.
24.  Average weekly income other than earnings.
25.  Calculation of weekly income.
26.  Disregard of changes in tax, contributions etc.
27.  Treatment of charitable or voluntary payments.
CHAPTER III:
EMPLOYED EARNERS
28.  Earnings of employed earners.
29.  Calculation of net earnings of employed earners.
CHAPTER IV:
SELF-EMPLOYED EARNERS
30.  Earnings of self-employed earners.
31.  Calculation of net profit of self-employed earners.
32.  Deduction of tax and contributions for self-employed earners.
CHAPTER V:
OTHER INCOME
33.  Calculation of income other than earnings.
34.  Capital treated as income.
35.  Notional income.
36.  Modifications in respect of child and young person.
CHAPTER VI:
CAPITAL
37.  Capital limit.
38.  Calculation of capital.
39.  Disregard of capital of child and young person.
40.  Income treated as capital.
41.  Calculation of capital in the United Kingdom.
42.  Calculation of capital outside the United Kingdom.
43.  Notional capital.
44.  Capital jointly held.
45.  Calculation of tariff income from capital.
PART VII
Students
CHAPTER I:
GENERAL
46.  Interpretation.
47.  Treatment of students.
CHAPTER II:
ENTITLEMENT AND PAYMENTS IN RESPECT OF A DWELLING
48.  Occupying a dwelling as a person's home.
49.  Circumstances in which certain students are to be treated as not liable to make payments in respect of a dwelling.
50.  Eligible housing costs.
51.  Eligible rent.
52.  Student partners.
CHAPTER III:
INCOME
53.  Calculation of grant income.
54.  Calculation of covenant income where a contribution is assessed.
55.  Covenant income where no grant income or no contribution is assessed.
56.  Relationship with amounts to be disregarded under Schedule 4.
57.  Other amounts to be disregarded.
58.  Disregard of contribution and rent.
59.  Income treated as capital.
60.  Disregard of changes occurring during summer vacation.
PART VIII
Amount of benefit
61.  Maximum housing benefit.
62.  Housing benefit taper.
63.  Non-dependants deductions.
64.  Minimum housing benefit.
PART IX
Calculation of weekly amounts and changes of circumstances
65.  Date on which entitlement is to commence.66.Benefit period.
67.  Date on which benefit period is to end.
68.  Date on which change of circumstances is to take effect.
69.  Calculation of weekly amounts.
70.  Rent and rate-free periods.
PART X
Claims
71.  Who may claim.
72.  Time and manner in which claims are to be made.
73.  Evidence and information.
74.  Amendment and withdrawal of claim.
75.  Duty to notify changes of circumstances.
PART XI
Determination of Questions
76.  Who is to make a determination.
77.  Notification of determinations.
78.  Time and manner of making notifications, requests or representations.
79.  Review of determinations.
80.  Requests for statement of reasons.
81.  Further review of determinations.
82.  Procedure on further review.
83.  Decisions upon further review.
84.  Effect of revising a decision.
85.  Correction of accidental errors in determinations and decisions.
86.  Setting aside of determinations and decisions on certain grounds.
87.  Provisions common to regulations 85 and 86.
PART XII
Payments
88.  Time and manner of payment.
89.  Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance.
90.  Frequency of payment of a rent allowance.
91.  Payment on account of a rent allowance.
92.  Payment to be made to a person entitled.
93.  Circumstances in which payment is to be made to a landlord.
94.  Circumstances in which payment may be made to a landlord.
95.  Withholding of benefit.
96.  Payment on the death of the person entitled.
97.  Offsetting.
PART XIII
Overpayments
98.  Meaning of overpayment.
99.  Recoverable overpayments.
100.  Person by whom recovery may be made.
101.  Person from whom recovery may be sought.
102.  Method of recovery.
103.  Diminution of capital.
104.  Sums to be deducted in calculating recoverable overpayments.
105.  Recovery of overpayments from prescribed benefits.

SCHEDULES

  1.  Service Charges.

  2.  Applicable Amounts.

  3.  Sums to be disregarded in the calculation of earnings.

  4.  Sums to be disregarded in the calculation of income other than earnings.

  5.  Capital to be disregarded.

  6.  Matters to be included in the notice of determination.

  7.  Constitution of Review Boards.

 

Explanatory Note


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