1 Citation and commencement¶

2 Interpretation¶

• “the Act” means the Social Security Contributions and Benefits Act 1992;
• “the 1973 Act” means the Employment and Training Act 1973 ^M7;
• “the 2000 Act” means the Electronic Communications Act 2000;
• “the 2012 Act” means the Welfare Reform Act 2012;
• “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 section 75A or 75B of the Employment Rights Act 1996^M8;
• “the Administration Act” means the Social Security Administration Act 1992;
• “adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
• “amended determination” means a determination made in accordance with article 7A of the Rent Officers Order;
• “appropriate DWP office” means an office of the Department for Work and Pensions dealing with state pension credit or an office which is normally open to the public for the receipt of claims for income support, a jobseeker's allowance or an employment and support allowance;
• “approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;
• “armed forces independence payment’’ means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;
• “assessment period” means such period as is prescribed in regulations 29 to 31 over which income falls to be calculated;
• “attendance allowance” means—
  1. an attendance allowance under Part 3 of the Act;
  2. an increase of disablement pension under section 104 or 105 of the Act;
  3. ^F769...
  4. ^F769...
  5. a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983 ^M9 or any analogous payment; or
  6. any payment based on need for attendance which is paid as part of a war disablement pension;
• “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);
• “the benefit Acts” means the Act, the Jobseekers Act^M10 , Part 4 of the 2012 Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Welfare Reform Act and the Pensions Act 2014;
• “benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;
• “broad rental market area” has the meaning specified in paragraph 4 of Schedule 3B to the Rent Officers Order;
• “broad rental market area determination” means a determination made in accordance with article 4B(1A) of the Rent Officers Order;
• “care home” in England ^F1052... has the meaning assigned to it by section 3 of the Care Standards Act 2000 ^M11, in Wales means a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 which is provided wholly or mainly to persons aged 18 or over and in Scotland means a care home service within the meaning assigned to it by paragraph 2 of schedule 12 to the Public Services Reform (Scotland) Act 2010;
• “carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;
• “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011 out of funds provided by the Secretary of State for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;
• “change of dwelling” means, for the purposes of regulations 13C and 14, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the authority may make a rent allowance;
• “child” means a person under the age of 16;
• “child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;
• “child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;
• “child tax credit” means a child tax credit under section 8 of the Tax Credits Act;
• “child who cannot share a bedroom” means a child—

  1. who is entitled to—

     1. the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; or
     2. the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; and
  2. who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;
• “the Children Order” means the Children (Northern Ireland) Order 1995 ^M12;
• “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;
• “coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;
• “competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;
• “compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;
• ^F346...
• “concessionary payment” means a payment made under arrangements made by the Secretary of State with the consent of the Treasury which is charged either to the National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit or tax credits under the benefit Acts or the Tax Credits Act ^F196... are charged;
• “the Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 ^M13;
• “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 14, to the 2012 Act that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;
• “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;
• “converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;
• “co-ownership scheme” means a scheme under which the dwelling is let by a housing association and the tenant, or his personal representative, will, under the terms of the tenancy agreement or of the agreement under which he became a member of the association, be entitled, on his ceasing to be a member and subject to any conditions stated in either agreement, to a sum calculated by reference directly or indirectly to the value of the dwelling;
• “couple” means—

  1. two people who are married to, or civil partners of, each other and are members of the same household; or
  2. two people who are not married to, or civil partners of, each other but are living together as if they were a married couple or civil partners;
• “Crown tenant” means a person who occupies a dwelling under a tenancy or licence where the interest of the landlord belongs to Her Majesty in right of the Crown or to a government department or is held in trust for Her Majesty for the purposes of a government department, except (in the case of an interest belonging to Her Majesty in right of the Crown) where the interest is under the management of the Crown Estate Commissioners or a relevant person;
• “the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;
• “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);
• “the Decisions and Appeals Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 ^M14;
• “designated authority” means any of the following—
  1. the Secretary of State;
  2. a person providing services to the Secretary of State;
  3. a local authority;
  4. a person providing services to, or authorised to exercise any functions of, any such authority;
• “designated office” means the office designated by the relevant authority for the receipt of claims to housing benefit—
  1. by notice upon or with a form approved by it for the purpose of claiming housing benefit; or
  2. 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
  3. by any combination of the provisions set out in sub-paragraphs (a) and (b) above;
• “disability living allowance” means a disability living allowance under section 71 of the Act;
• “domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—

  1. psychological abuse;
  2. physical abuse;
  3. sexual abuse;
  4. emotional abuse;
  5. financial abuse,

  regardless of the gender or sexuality of the victim;
• “earnings” has the meaning prescribed in regulation 35 or, as the case may be, 37;
• “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;
• “electronic communication” has the same meaning as in section 15(1) of the 2000 Act;
• “eligible rent” is to be construed in accordance with regulation 12 (rent);
• “eligible rent” means, as the case may require, an eligible rent determined in accordance with—

  1. regulations 12B 12BA (eligible rent and maximum rent (social sector)), (eligible rent), 12C (eligible rent and maximum rent) or 12D (eligible rent and maximum rent (LHA)); or
  2. 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;
  “employed earner” is to be construed in accordance with section 2(1)(a) of the Act and also includes a person who is in receipt of a payment which is payable under any enactment having effect in Northern Ireland and which corresponds to statutory sick pay , statutory maternity pay or statutory neonatal care pay;
• “employment and support allowance” means an employment and support allowance under Part 1 of the Welfare Reform Act;
• “Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations 2008;
• “Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions, Housing Benefit and Council Tax Benefit) (Existing Awards) (No. 2) Regulations 2010;
• “the Employment, Skills and Enterprise Scheme” means a scheme under section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to assist claimants to obtain employment, including self-employment, and which may include for any individual work-related activity (including work experience or job search);
• “employment zone” means an area within Great Britain designated for the purposes of section 60 of the Welfare Reform and Pensions Act 1999 ^M15 and an “employment zone programme” means a programme established for such an area or areas designed to assist claimants for a jobseeker's allowance to obtain sustainable employment;
• “employment zone contractor” means a person who is undertaking the provision of facilities in respect of an employment zone programme on behalf of the Secretary of State for Work and Pensions;
• “enactment” includes an enactment comprised in, or in an instrument made under, an Act of the Scottish Parliament or the National Assembly for Wales;
• “extended payment” means a payment of housing benefit payable pursuant to regulation 72;
• “extended payment period” means the period for which an extended payment is payable in accordance with regulation 72A or 73A;
• “extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 73;
• “family” has the meaning assigned to it by section 137(1) of the Act;
• “the former Regulations” means the Housing Benefit (General) Regulations 1987 ^M16;
• “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;
• ^F242...
• “Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;
• “a guaranteed income payment” means a payment made under article 14(1)(b) or article 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 ^M17;
• “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;
• “the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;
• “hostel” means a building—
  1. 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
  2. which is—
     1. managed or owned by a registered housing association; or
     2. 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
     3. 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
  3. which is not—
     1. a care home;
     2. an independent hospital; or
     3. an Abbeyfield Home;
• “Housing Act functions” means functions under section 122 of the Housing Act 1996;
• “housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985 ^M18;
• “housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985;
  “Immigration and Asylum Act” means the Immigration and Asylum Act 1999 ^M19;
• “an income-based jobseeker's allowance” and “a joint-claim jobseeker's allowance” have the same meanings as they have in the Jobseekers Act by virtue of section 1(4) of that Act;
• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;
• “Income Support Regulations” means the Income Support (General) Regulations 1987 ^M20;
• “independent hospital”—

  1. in England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;
  2. in Wales, has the meaning assigned to it by section 2 of the Care Standards Act 2000; and
  3. in Scotland, means an independent health care service as defined in section 10F(1)(a) and (b) of the National Health Service (Scotland) Act 1978;
• ^F347...
• “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;
• ^F348...
• ^F349...
• ^F350...
• ^F187...
• “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;
• “Jobseekers Act” means the Jobseekers Act 1995 ^M21;
• “jobseeker’s allowance” means a jobseeker’s allowance within the meaning of Part 1 of the Jobseekers Act;
• “Jobseeker's Allowance Regulations” means the Jobseeker's Allowance Regulations 1996 ^M22;
• “LGBT Financial Recognition Scheme payment” means a payment under the Lesbian, Gay, Bisexual and Transgender Financial Recognition Scheme administered under the authority of the Secretary of State for Defence;
• “limited capability for work” has the meaning given in section 1(4) of the Welfare Reform Act;
• “limited capability for work-related activity” has the meaning given in section 2(5) of the Welfare Reform Act;
• “linked person” means—

  1. any member of the claimant’s family;
  2. 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; or
  3. any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it;
• “local housing allowance” means an allowance determined in accordance with paragraph 2 of Schedule 3B to the Rent Officers Order;
• “local welfare provision” means occasional financial or other assistance given by a local authority, the Scottish Ministers or the Welsh Ministers, or a person authorised to exercise any function of, or provide a service to, them, to or in respect of individuals for the purpose of—

  1. meeting, or helping to meet, an immediate short term need—

     1. arising out of an exceptional event, or exceptional circumstances; and
     2. that requires to be met in order to avoid a risk to the well-being of an individual; or
  2. enabling individuals to establish or maintain a settled home, where those individuals have been or, without the assistance, might otherwise be—

     1. in prison, hospital, a residential care establishment or other institution; or
     2. homeless or otherwise living an unsettled way of life;
• “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;
• “the London Emergencies Trust” means the company of that name (number 09928465) incorporated on 23rd December 2015 and the registered charity of that name (number 1172307) established on 28th March 2017;
• “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;
• “long tenancy” means a tenancy granted for a term of years certain exceeding twenty one years, whether or not the tenancy is, or may become, terminable before the end of that term by notice given by or to the tenant or by re-entry, forfeiture (or, in Scotland, irritancy) or otherwise and includes a lease for a term fixed by law under a grant with a covenant or obligation for perpetual renewal unless it is a lease by sub-demise from one which is not a long tenancy;
• ^F106...
• “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;
• “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act or the claimant is a member of the work-related activity group;
• “the Mandatory Work Activity Scheme” means a scheme within section 17A (schemes for assisting persons to obtain employment: “work for your benefit” schemes etc.) of the Jobseekers Act 1995 known by that name and provided pursuant to arrangements made by the Secretary of State that is designed to provide work or work-related activity for up to 30 hours per week over a period of four consecutive weeks with a view to assisting claimants to improve their prospects of obtaining employment;
• “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 8 of the Employment Rights Act 1996 ^M23;
• “maximum rent (LHA)” means the amount determined in accordance with regulation 13D;
• “maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;
• “maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 13 applies;
• “member of a couple who cannot share a bedroom” means a member of a couple—

  1. who is in receipt of—

     1. attendance allowance ^F1325...;
     2. pension age disability payment ^F1326...;
     3. the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act;
     4. the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;
     5. the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
     6. the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; ^F1198...
     7. the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022; or
     8. armed forces independence payment; and
  2. whom the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with the other member of the couple;
• “member of the armed forces away on operations” means a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006) who is absent, while on operations, from the dwelling usually occupied as their home;
• “member of the work-related activity group” means a person who has or is treated as having limited capability for work under either—

  1. Part 5 of the Employment and Support Allowance Regulations 2008 other than by virtue of regulation 30 of those Regulations; or
  2. Part 4 of the Employment and Support Allowance Regulations 2013 other than by virtue of regulation 26 of those Regulations;
• “MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;
• “miscarriage of justice compensation payment” means—

  1. a payment made under section 133(1) of the Criminal Justice Act 1988; or
  2. any other payment made by the Secretary of State, the Scottish Ministers or, in Northern Ireland, the Department of Justice, for the purpose of compensating a person—

     1. for a miscarriage of justice in criminal proceedings, or
     2. for being wrongfully charged with a criminal offence;
• “mover” means a claimant who changes the dwelling occupied as the claimant’s home from a dwelling in the area of the appropriate authority to a dwelling in the area of a second authority;
• “the National Emergencies Trust” means the registered charity of that name (number 1182809) established on 28th March 2019;
• “neonatal care leave” means leave under section 80EF of the Employment Rights Act 1996;
• “net earnings” means such earnings as are calculated in accordance with regulation 36 (calculation of net earnings of employed earners);
• “net profit” means such profit as is calculated in accordance with regulation 38 (calculation of net profit of self-employed earners);
• “the New Deal options” means the employment programmes specified in regulation 75(1)(a)(ii) of the Jobseeker's Allowance Regulations and the training scheme specified in regulation 75(1)(b)(ii) of those Regulations;
• “new dwelling” means, for the purposes of the definition of “second authority” and regulations 72C, 73C, 115 and 116, the dwelling to which a claimant has moved, or is about to move, which is or will be occupied as the claimant’s new home;
• “non-dependant” has the meaning prescribed in regulation 3;
• “non-dependant deduction” means a deduction that is to be made under regulation 74 (non-dependant deductions);
• “non-dependant deduction” means a deduction that is to be made under regulation 74 (non-dependant deductions);
  “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—
  1. in relation to a dwelling in England and Wales, the person who, otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple, whether or not with the consent of other joint owners;
  2. in relation to a dwelling in Scotland, the proprietor under udal tenure or the proprietor of the dominion utile or the tenant's or the lessee's interest in a long tenancy, a kindly tenancy, a lease registered or registerable under the Registration of Leases (Scotland) Act 1857 ^M24 or the Land Registration (Scotland) Act 1979 ^M25 or a tenant-at-will as defined in section 20(8) of that Act of 1979;
• “partner” means—
  1. where a claimant is a member of a couple, the other member of that couple; or
  2. where a claimant is polygamously married to two or more members of his household, any such member;
• “parental bereavement leave” means leave under section 80EA of the Employment Rights Act 1996;
• “paternity leave” means a period of absence from work on ^F850... paternity leave by virtue of section 80A or 80B of the Employment Rights Act 1996 or on additional paternity leave by virtue of section 80AA or 80BB of that Act;
• “payment” includes part of a payment;
• “pension age disability payment” has the meaning given in regulation 2 of the Disability Assistance for Older People (Scotland) Regulations 2024;
• “pension fund holder” means with respect to a personal pension scheme or an occupational pension scheme, the trustees, managers or scheme administrators, as the case may be, of the scheme ^F89... concerned;
• “person acting in an official capacity”, where it appears in the definition of “young individual”, means a health care professional, a police officer, a registered social worker, the victim’s employer or any public, voluntary or charitable body which has had direct contact with the victim in connection with domestic violence;
• “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;
• “person who requires overnight care” means a person (“P”)—

  1. who—

     1. is in receipt of attendance allowance;
     2. is in receipt of pension age disability payment;
     3. 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; ^F688...
     4. is in receipt of the care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations;
     5. is in receipt of the care component of Scottish adult disability living allowance at the highest or middle rate in accordance with regulation 6(4) of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
     6. is in receipt of the daily living component of personal independence payment in accordance with section 78 of the 2012 Act; ^F690...
     7. is in receipt of the daily living component of adult disability payment at the standard or enhanced rate in accordance with regulation 5 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;
     8. is in receipt of armed forces independence payment; or
     9. although not satisfying either paragraph (i), (ia), (ii), (iiza), , (iizb) (iia), (iiaa) or (iib) above has provided or, where P is a child, the claimant 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
  2. 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—

     1. be engaged in providing overnight care for P;
     2. regularly stay overnight at the dwelling for that purpose; and
     3. 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;
• ^F197...
• “personal independence payment” means personal independence payment under Part 4 of the 2012 Act;
• “personal pension scheme” means—

  1. a personal pension scheme as defined by section 1 of the Pension Schemes Act 1993;
  2. an annuity contract or trust scheme approved under section 620 or 621 of the Income and Corporation Taxes Act 1988 or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;
  3. a personal pension scheme approved under Chapter 4 of Part 14 of the Income and Corporation Taxes Act 1988 which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;
• “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;
• “positive conclusive grounds determination relating to modern slavery” means a determination made by a competent authority that an individual is a victim of trafficking in human beings, slavery, servitude or forced or compulsory labour;
• “the Post Office” means Post Office Limited (registered number 02154540);”
• “Post Office compensation payment” means a payment made by the Post Office or the Secretary of State for the purpose of providing compensation or support which is—

  1. in connection with the failings of the Horizon system; or
  2. otherwise payable following the judgment in Bates and Others v Post Office Limited ((No. 3) “Common Issues”);”
• “public authority” includes any person certain of whose functions are functions of a public nature;
• “the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act 2002 ^M26)—
  1. in the case of a woman, pensionable age; or
  2. 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 contributory benefit” means—

  1. severe disablement allowance;
  2. incapacity benefit;
  3. contributory employment and support allowance;
• “qualifying income-related benefit” means—

  1. income support;
  2. income-based jobseeker’s allowance;
  3. income-related employment and support allowance;
• “qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who—

  1. has a child or qualifying young person placed with them as mentioned in regulation 21(3) who by virtue of that provision is not treated as occupying their dwelling; or
  2. has been approved as a foster parent under regulation 27 of the Fostering Services (England) Regulations 2011 or regulation 28 of the Fostering Services (Wales) Regulations 2003 or as a kinship carer under regulation 10 or a foster carer under regulation 22 of the Looked After Children (Scotland) Regulations 2009 but does not have a child or qualifying young person placed with them and has not had a child or qualifying young person placed with them for a period which does not exceed 52 weeks;
• “qualifying person” means a person in respect of whom a Grenfell Tower payment , a child abuse payment , a Windrush payment, a Post Office compensation payment , a vaccine damage payment , an LGBT Financial Recognition Scheme payment or a miscarriage of justice compensation payment has been made or payment has been made from the Fund, the Eileen Trust , MFET Limited, the Skipton Fund , the Caxton Foundation , the Scottish Infected Blood Support Scheme , an approved blood scheme , the London Emergencies Trust, the We Love Manchester Emergency Fund , the National Emergencies Trust , the Victims of Overseas Terrorism Compensation Scheme or the London Bombings Relief Charitable Fund;
• “reckonable rent” means 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 regulation 13, be eligible for housing benefit;
• “registered housing association” means—

  1. a private registered provider of social housing;
  2. 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
  3. a housing association which is registered in the register maintained by the Scottish Housing Regulator under section 20(1) of the Housing (Scotland) Act 2010 or a registered social landlord within the meaning of section 165 of that Act;
• “registered social worker” means a person registered as a social worker in a register maintained by—

  1. Social Work England;
  2. Social Care Wales;
  3. The Scottish Social Services Council; or
  4. the Northern Ireland Social Care Council;
• “relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece except where it appears within the definition of “young individual” and within Regulation A13 where it has the meaning given by section 63(1) of the Family Law Act 1996;
• “relevant authority” means an authority administering housing benefit;
• “relevant information” means information or evidence forwarded to the relevant authority by an appropriate DWP office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate DWP office relating to that claim;
• “relevant person”, in relation to any property, rights or interests to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that property or those rights or interests;
• “remunerative work” has the meaning prescribed in regulation 6 (remunerative work);
• “rent” includes all those payments in respect of a dwelling specified in regulation 12(1);
• “the Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 ^M27 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997 ^M28;
• “Rent Officers Order” means the Rent Officers (Housing Benefit Functions) Order 1997 or, as the case may be, the Rent Officers (Housing Benefit Functions) (Scotland) Order 1997;
  ^F91...
• “Scottish adult disability living allowance” has the meaning given in regulation 2 of the Disability Assistance (Scottish Adult Disability Living Allowance) Regulations 2025;
• “Scottish basic rate” means the rate of income tax of that name calculated in accordance with section 6A of the Income Tax Act 2007;
• “Scottish Infected Blood Support Scheme” means the scheme of that name administered by the Common Services Agency (constituted by section 10 of the National Health Service (Scotland) Act 1978);
• “Scottish taxpayer” has the same meaning as in Chapter 2 of Part 4A of the Scotland Act 1998;
• “second authority” means the authority to which a mover is liable to make payments for the new dwelling;
• ^F274...
• “self-employed earner” is to be construed in accordance with section 2(1)(b) of the Act;
• “self-employment route” means assistance in pursuing self-employed earner's employment whilst participating in—
  1. an employment zone programme; ^F578...
  2. a programme provided or other arrangements made pursuant to section 2 of the 1973 Act (functions of the Secretary of State) or section 2 of the Enterprise and New Towns (Scotland) Act 1990 ^M29(functions in relation to training for employment, etc.);or
  3. a scheme prescribed in regulation 3 of the Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) Regulations 2013;
  4. ^F1082...
• ^F808...
• “shared ownership lease” means—
  1. in relation to England and Wales, a tenancy granted on payment of a premium calculated by reference to a percentage of the value of the dwelling or the cost of providing it;
  2. in relation to Scotland, an agreement by virtue of which the tenant of a dwelling of which he and the landlord are joint owners is the tenant in respect of the landlord's interest in the dwelling or by virtue of which the tenant has the right to purchase the dwelling or the whole or part of the landlord's interest therein;
• “shared parental leave” means leave under section 75E or 75G of the Employment Rights Act 1996;
• “single claimant” means a claimant who neither has a partner nor is a lone parent;
• “single room rent” means the rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order;
• “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;
• “special account” means an account as defined for the purposes of Chapter 4A of Part 8 of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;
• “sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993 ^M30 out of sums allocated to it for distribution under that section;
• ^F415...
• “student” has the meaning prescribed in regulation 53 (interpretation);
• “subsistence allowance” means an allowance which an employment zone contractor has agreed to pay to a person who is participating in an employment zone programme;
• “the Tax Credits Act” means the Tax Credits Act 2002 ^M31;
• “tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;
• “the Trafficking Convention” means the Council of Europe Convention on Action against Trafficking in Human Beings (done at Warsaw on 16th May 2005)”;
• “trafficking in human beings” has the same meaning as in the Trafficking Convention;
• “training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—
  1. out of public funds by a Government department or by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise, the Young People’s Learning Agency for England, ^F858... or the Welsh Ministers;
  2. to a person for his maintenance or in respect of a member of his family; and
  3. 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, that department or approved by that department in relation to him or so provided or approved by or on behalf of the Secretary of State, Skills Development Scotland, Scottish Enterprise or Highlands and Islands Enterprise or the Welsh Ministers,
  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 made under section 2 of the 1973 Act ^M32 or is training as a teacher;
• “universal credit” means universal credit under Part 1 of the 2012 Act;
• “vaccine damage payment” means a payment made under the Vaccine Damage Payments Act 1979;
• “the Victims of Overseas Terrorism Compensation Scheme” means the scheme of that name established by the Ministry of Justice in 2012 under section 47 of the Crime and Security Act 2010;
• “voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
• ^F86...
• “war disablement pension” means any retired pay or pension or allowance payable in respect of disablement under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003;
• “war pension” means a war disablement pension, a war widow’s pension or a war widower’s pension;
• “war widow’s pension” means any pension or allowance payable to a woman as a widow under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
• “war widower’s pension” means any pension or allowance payable to a man as a widower or to a surviving civil partner under an instrument specified in section 639(2) of the Income Tax (Earnings and Pensions) Act 2003 in respect of the death or disablement of any person;
• “water charges” means—
  1. as respects England and Wales, any water and sewerage charges under Chapter 1 of Part 5 of the Water Industry Act 1991^M33,
  2. as respects Scotland, any water and sewerage charges established by Scottish Water under a charges scheme made under section 29A of the Water Industry (Scotland) Act 2002 ^M34
  in so far as such charges are in respect of the dwelling which a person occupies as his home;
• “the We Love Manchester Emergency Fund” means the registered charity of that name (number 1173260) established on 30th May 2017;
• “Welfare Reform Act” means the Welfare Reform Act 2007;
• “Windrush payment” means a payment made under the Windrush Compensation Scheme (Expenditure) Act 2020;
• “working tax credit” means a working tax credit under section 10 of the Tax Credits Act;
• “Working Tax Credit Regulations” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 ^M35;
• “young individual” means a single claimant who has not attained the age of 25 years, but does not include such a claimant—
  1. whose landlord is a registered housing association;
  2. who has not attained the age of 25 years and has ceased to be the subject of a care order made pursuant to section 31(1)(a) of the Children Act 1989 ^M36 which had previously been made in respect to him either—
     1. after he attained the age of 16 years; or
     2. before he attained the age of 16 years, but had continued after he attained that age;
  3. who has not attained the age of 22 years and was formerly provided with accommodation under section 20 of the Children Act 1989;
  4. 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 ^M37(“the 1995 Act”) made in respect of him which had continued after he attained the age of 16 years, other than a case where—
     1. 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
     2. 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;
  5. 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, either—
     1. after he attained the age of 16 years; or
     2. before he attained the age of 16 years, but had continued after he attained that age; or
  6. 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—
     1. after he attained the age of 16 years; or
     2. before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age;
• “young individual” means a single claimant who has not attained the age of 35 years, but does not include such a claimant—

  1. whose landlord is a registered housing association;
  2. who has not attained the age of 25 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—

     1. after he attained the age of 16 years; or
     2. before he attained the age of 16 years, but had continued after he attained that age;
  3. who has not attained the age of 25 years years and was formerly provided with accommodation under section 20 of the Children Act 1989 or section 76 of the Social Services and Well-being (Wales) Act 2014;
  4. who has not attained the age of 25 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—

     1. 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
     2. 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;
  5. who has not attained the age of 25 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 been made, or treated as being made, either—

     1. after he attained the age of 16 years; or
     2. before he attained the age of 16 years, but had continued after he attained that age; or
  6. who has not attained the age of 25 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—

     1. after he attained the age of 16 years; or
     2. before he attained the age of 16 years, but had continued to be in such accommodation after he attained that age; or
  7. who is a person who requires overnight care; ^F779...
  8. who has attained the age of 16 years and to whom paragraph (1A) applies;
  9. who has attained the age of 25 years and to whom paragraph (1C) applies;
  10. who is a person who has not attained the age of 25 years and has ceased to be subject to a compulsory supervision order within the meaning of section 83 of the Children’s Hearings (Scotland) Act 2011 (“the 2011 Act”) which had continued after that person attained the age of 16 years, other than a case where—

      1. 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 2011 Act; or
      2. 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;
  11. who is a qualifying parent or carer;
  12. who—

      1. after attaining the age of 16 had domestic violence inflicted upon or threatened against them (“the victim”) by their partner or former partner, or by a relative; and
      2. provides evidence to the relevant authority from a person acting in an official capacity which demonstrates that—
      3. the victim’s circumstances are consistent with their having had domestic violence inflicted upon or threatened against them; and
      4. the victim has contacted a person acting in an official capacity in relation to such an incident;
  13. who has been the subject of a positive conclusive grounds determination relating to modern slavery;
  “young person” has the meaning prescribed in regulation 19(1)(persons of prescribed description).

3 Definition of non-dependant¶

4 Cases in which section 1(1A) of the Administration Act is disapplied¶

5 Persons who have attained the qualifying age for state pension credit¶

6 Remunerative work¶

7 Circumstances in which a person is or is not to be treated as occupying a dwelling as his home¶

• “continental shelf worker” means a person who is employed, whether under a contract of service or not, in a designated area or a prescribed area in connection with any activity mentioned in section 11(2) of the Petroleum Act 1998;
• “designated area” means any area which may from time to time be designated by Order in Council under the Continental Shelf Act 1964 as an area within which the rights of the United Kingdom with respect to the seabed and subsoil and their natural resources may be exercised;
• “main dwelling” means the dwelling that a person normally occupies as his home;
• “mariner” means a person who is employed under a contract of service either as a master or member of the crew of any ship or vessel, or in any other capacity on board any ship or vessel, where—

  1. the employment in that capacity is for the purposes of that ship or vessel or its crew or any passengers or cargo or mails carried by the ship or vessel; and
  2. the contract is entered into in the United Kingdom with a view to its performance (in whole or in part) while the ship or vessel is on its voyage;

• “medically approved” means certified by a medical practitioner;
• “member of Her Majesty’s forces posted overseas” means a person who is a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006), who is absent from the main dwelling because the person has been posted outside of Great Britain to perform the duties of a member of Her Majesty’s regular forces or reserve forces;
• “patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;
• “prescribed area” means any area over which Norway or any member State ^F1149... exercises sovereign rights for the purpose of exploring the seabed and subsoil and exploiting their natural resources, being an area outside the territorial seas of Norway or such member State, or any other area which is from time to time specified under section 10(8) of the Petroleum Act 1998;
• “residential accommodation” means accommodation which is provided in—
  1. a care home;
  2. an independent hospital;
  3. an Abbeyfield Home; or
  4. an establishment managed or provided by a body incorporated by Royal Charter or constituted by Act of Parliament other than a local social services authority;
• “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, Skills Development Scotland, Scottish Enterprise, Highlands and Islands Enterprise, a government department or the Secretary of State.

8 Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling¶

9 Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling¶

^C1810 Persons from abroad¶

• ^F55...
• “EEA national” has the meaning given in regulation 2(1) of the Immigration (European Economic Area) Regulations 2016;
• “family member” has the meaning given in regulation 7(1)(a), (b) or (c) of the Immigration (European Economic Area) Regulations 2016 except that regulation 7(4) of those Regulations does not apply for the purposes of paragraphs (3AB) and (3B)(zd);
• ^M48“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;
• “relevant person of Northern Ireland” has the meaning given in Annex 1 of Appendix EU to the immigration rules made under section 3(2) of the Immigration Act 1971.

11 Eligible housing costs¶

12 Rent¶

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

12B Eligible rent¶

12BA Eligible rent and maximum rent (social sector)¶

12C Eligible rent and maximum rent¶

12D Eligible rent and maximum rent (LHA)¶

^F55012L Transitional protection – larger properties¶

^F124612M Transitional protection – reduction in LHA¶

A13 When a maximum rent (social sector) is to be determined¶

B13 Determination of a maximum rent (social sector)¶

13 Maximum rent¶

• “claim related rent” means the rent notified by the rent officer under paragraph 9(1) of Schedule 1 to the Rent Officers Order;
• “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 determined by a rent officer under paragraph 4 of Schedule 1 to the Rent Officers Order;
• “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, deduction for meals or water charges, as the case may be, which that person is liable to pay;
• “single room rent” means the rent determined by a rent officer under paragraph 5 of Schedule 1 to the Rent Officers Order.

13ZA Protection on death and 13 week protection¶

13ZB Change in reckonable rent¶

13C When a maximum rent (LHA) is to be determined¶

13D Determination of a maximum rent (LHA)¶

13E Publication of local housing allowances¶

^C114 Requirement to refer to rent officers¶

15 Applications to the rent officer for redeterminations¶

16 Application for redetermination by rent officer¶

17 Substitute determinations or substitute redeterminations¶

18 Application of provisions to substitute determinations or substitute redeterminations¶

18A Amended determinations¶

19 Persons of prescribed description¶

20 Circumstances in which a person is to be treated as responsible or not responsible for another¶

21 Circumstances in which a person is to be treated as being or not being a member of the household¶

22 Applicable amounts¶

23 Polygamous marriages¶

^F924 Patients¶