Managing Housing Benefit Claims in Supported Housing | Part E: Tools and Appendices
This appendix sets out the provisions that matter most in supported housing claims, quoted from legislation.gov.uk. Under each extract is a short note on why it matters and where the manual discusses it. The extracts are selective: only the paragraphs relevant to supported housing are included, and omitted text is marked “…”. Amendment markers have been removed and, in line with this manual’s house style, dashes in the original text have been replaced by colons or spaces. The wording is otherwise unchanged.
Check the current text. The text was checked on 7 October 2026. legislation.gov.uk lists some changes not yet applied to the Housing Benefit Regulations 2006, including by S.I. 2026/753. Before relying on an extract in a decision or an appeal, check the current version on legislation.gov.uk.
Abbreviations. “HB Regulations” means the Housing Benefit Regulations 2006 (S.I. 2006/213). “Consequential Provisions Regulations” means the Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006 (S.I. 2006/217). “D&A Regulations” means the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001 (S.I. 2001/1002). The pension age regulations (S.I. 2006/214) contain equivalent provisions with different numbering.
A2.1 Exempt accommodation: the definition
Consequential Provisions Regulations, Schedule 3, paragraph 4(10) (legislation.gov.uk)
“exempt accommodation” means accommodation which is:
(a) a resettlement place provided by persons to whom the Secretary of State has given assistance by way of grant pursuant to section 30 of the Jobseekers Act 1995 (grants for resettlement places); and for this purpose “resettlement place” shall have the same meaning as it has in that section; or
(b) provided by a non-metropolitan county council in England within the meaning of section 1 of the Local Government Act 1972, a housing association, a registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care, support or supervision;
Why it matters. This is the test for exempt status. It has two parts: the right kind of landlord provides the accommodation, and that landlord, or someone acting on its behalf, provides the claimant with care, support or supervision. It does not mention a building type, on-site staff, a minimum number of hours or commissioned funding (Chapters 2, 5 to 8).
Effect of exempt status. Under paragraph 4(1)(b), the eligible rent of a person “who is liable to make payments in respect of a dwelling occupied by him as his home, which is exempt accommodation” is determined under alternative regulations 12 and 13 “as set out in paragraph 5” (A2.3 and A2.4).
A2.2 The qualifying landlord: definitions
HB Regulations, regulation 2(1) (legislation.gov.uk)
“housing association” has the meaning assigned to it by section 1(1) of the Housing Associations Act 1985;
…
“voluntary organisation” means a body, other than a public or local authority, the activities of which are carried on otherwise than for profit;
Why it matters. A housing association need not be registered to qualify. “Registered charity” is not defined in regulation 2(1). The not-for-profit test for a voluntary organisation applies to the landlord itself (Wirral BC v MF [2013] UKUT 291 (AAC); Chapter 5).
A2.3 Eligible rent and service charges: alternative regulation 12
Consequential Provisions Regulations, Schedule 3, paragraph 5(1), regulation 12 (legislation.gov.uk)
12. (1) Subject to the following provision 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;
…
(e) payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;
…
(3) Subject to any apportionment in accordance with paragraphs (4) and (5) and to regulations 13 and 13ZA (restrictions on unreasonable payments and rent increases), the amount of a person’s eligible rent shall be the aggregate of such payments specified in paragraph (1) as he is liable to pay less:
(a) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6);
(b) 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
…
(7) 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; and
“services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling.
Why it matters. Service charges are eligible only if paying them is a condition of occupying the home, and then only so far as Schedule 1 allows (A2.6). The old form of regulation 12 applies in exempt accommodation (Carlisle City Council v SC [2011] UKUT 480 (AAC); Chapter 9).
A2.4 Rent restriction: alternative regulations 13 and 13ZA
Consequential Provisions Regulations, Schedule 3, paragraph 5, regulation 13 (legislation.gov.uk)
(3) The relevant authority shall consider:
(a) whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 122 of the Housing Act 1996 or otherwise, whether a claimant occupies a dwelling larger than is reasonably required by him and others who also occupy that dwelling (including any non-dependants of his and any person paying rent to him) having regard in particular to suitable alternative accommodation occupied by a household of the same size; or
(b) whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 122 of the Housing Act 1996 or otherwise, whether the rent payable for his dwelling is unreasonably high by comparison with the rent payable in respect of suitable alternative accommodation elsewhere,
and, where it appears to the authority that the dwelling is larger than is reasonably required or that the rent is unreasonably high, the authority shall, subject to paragraphs (4) to (7), treat the claimant’s eligible rent, as reduced by such amount as it considers appropriate having regard in particular to the cost of suitable alternative accommodation elsewhere and the claimant’s maximum housing benefit shall be calculated by reference to the eligible rent as so reduced.
(4) If any person to whom paragraph (10) applies:
(a) has attained the qualifying age for state pension credit; or
(b) is incapable of work for the purpose of Part 12A of the Act; or
(c) is treated as capable of work in accordance with regulations made under section 171E of the Act; or
(ca) has limited capability for work within the meaning of section 1(4) of the Welfare Reform Act 2007; or
(cb) is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or
(d) is a member of the same household as a child or young person for whom he or his partner is responsible,
no deduction shall be made under paragraph (3) unless suitable cheaper alternative accommodation is available and the authority considers that, taking into account the relevant factors, it is reasonable to expect the claimant to move from his present accommodation.
…
(9) For the purposes of this regulation:
(a) in deciding what is suitable alternative accommodation, the relevant authority shall take account of the nature of the alternative accommodation and the facilities provided having regard to the age and state of health of all the persons to whom paragraph (10) applies and, in particular, where a claimant’s present dwelling is occupied with security of tenure, accommodation shall not be treated as suitable alternative accommodation unless that accommodation will be occupied on terms which will afford security of tenure reasonably equivalent to that presently enjoyed by the claimant; and
(b) the relevant factors in paragraph (4) are the effects of a move to alternative accommodation on:
(i) the claimant’s prospects of retaining his employment; and
(ii) the education of any child or young person referred to in paragraph (4)(d) if such a move were to result in a change of school.
Why it matters. This is “alternative regulation 13”, the rent restriction power in exempt accommodation. The council must compare with suitable alternative accommodation, and has a discretion over the amount of any reduction. Many supported housing tenants fall within paragraph (4), so no reduction can be made unless suitable cheaper accommodation is available and a move is reasonable (Chapter 10; Birmingham City Council v SS and SA [2016] EWCA Civ 1211). Paragraphs (5) to (8), on bereavement and the first 13 weeks, are not reproduced.
Consequential Provisions Regulations, Schedule 3, paragraph 5, regulation 13ZA
13ZA. (1) Subject to paragraph (2), where a claimant’s eligible rent is increased during an award of housing benefit, the relevant authority shall, if it considers, whether by reference to a determination or re-determination made by a rent officer in exercise of a function conferred on him by an order under section 122 of the Housing Act 1996, or otherwise, either:
(a) that the increase is unreasonably high having regard in particular to the level of increases for suitable alternative accommodation, or
(b) in the case of an increase which takes place less than 12 months after the date of the previous increase, that the increase is unreasonable having regard to the length of time since that previous increase,
treat the eligible rent as reduced either by the full amount of the increase or, if it considers that a lesser increase was reasonable in all the circumstances, by the difference between the full amount of the increase and the increase that is reasonable having regard in particular to the level of increases for suitable alternative accommodation, and the claimant’s maximum housing benefit shall be calculated by reference to the eligible rent as so reduced.
Why it matters. Rent increases are tested against increases for suitable alternative accommodation, and the council must consider whether a lesser increase is reasonable (BM v Cheshire West and Chester Council [2009] UKUT 162 (AAC); Chapter 10, 10.8; Chapter 18, 18.4).
A2.5 Contrivance
HB Regulations, regulation 9(1)(l) (legislation.gov.uk)
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:
…
(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 7 of the Act.
Why it matters. The test is whether the liability was created to take advantage of the scheme. It requires abuse, judged on the arrangement as a whole. Letting to tenants with genuine support needs, and relying on Housing Benefit to fund eligible housing costs, is not in itself taking advantage (Chapter 11; FYE v Middlesbrough City Council and GPZ v Sunderland City Council [2026] UKUT 157 (AAC)).
A2.6 Ineligible and excessive service charges
HB Regulations, Schedule 1, Part 1, paragraph 1 (legislation.gov.uk)
1. The following service charges shall not be eligible to be met by housing benefit:
(a) charges in respect of day-to-day living expenses including, in particular, all provision of:
(i) subject to paragraph 2 meals (including the preparation of meals or provision of unprepared food);
(ii) laundry (other than the provision of premises or equipment to enable a person to do his own laundry);
(iii) leisure items such as either sports facilities (except a children’s play area), or television rental, licence and subscription fees (except radio relay charges and charges made in respect of the conveyance and installation and maintenance of equipment for the conveyance of a television broadcasting service);
(iv) cleaning of rooms and windows except cleaning of:
(aa) communal areas; or
(bb) the exterior of any windows where neither the claimant nor any member of his household is able to clean them himself,
where a payment is not made in respect of such cleaning by a local authority (including, in relation to England, a county council) or the Welsh Ministers to the claimant or his partner, or to another person on their behalf; and
(v) transport;
(b) charges in respect of:
(i) the acquisition of furniture or household equipment; and
(ii) the use of such furniture or equipment where that furniture or household equipment will become the property of the claimant by virtue of an agreement with the landlord;
(c) charges in respect of the provision of an emergency alarm system;
(d) charges in respect of medical expenses (including the cost of treatment or counselling related to mental disorder, mental handicap, physical disablement or past or present alcohol or drug dependence);
(e) charges in respect of the provision of nursing care or personal care (including assistance at meal-times or with personal appearance or hygiene);
(f) charges in respect of general counselling or of any other support services, whoever provides those services;
(g) charges in respect of any services not specified in sub-paragraphs (a) to (f) which are not connected with the provision of adequate accommodation.
Why it matters. Care and personal support are ineligible under sub-paragraphs (d), (e) and (f). SHP’s position is that sub-paragraph (f) is directed at counselling and support to the tenant as a person, and does not exclude housing-related support and supervision delivered as intensive housing management, which is connected with the provision of adequate accommodation under sub-paragraph (g) (Chapter 7, 7.2; Chapter 9; Allerdale BC v JD and Others [2019] UKUT 304 (AAC)).
HB Regulations, Schedule 1, paragraphs 3 and 4
3. (1) Subject to paragraph 2 where an ineligible service charge is not separated from or separately identified within other payments made by the occupier in respect of the dwelling, the appropriate authority shall apportion such charge as is fairly attributable to the provision of that service, having regard to the cost of comparable services and such portion of those payments shall be ineligible to be met by housing benefit.
…
4. Subject to paragraph 2, where the relevant authority considers that the amount of a service charge to which regulation 12(1)(e) (rent) applies is excessive in relation to the service provided for the claimant or his family, having regard to the cost of comparable services, it shall make a deduction from that charge of the excess and the amount so deducted shall be ineligible to be met by housing benefit.
Why it matters. Paragraph 3 governs apportionment where an ineligible service is bundled into the rent. Paragraph 4 is a separate test from rent restriction: an eligible charge can be reduced only to the extent it is excessive for the service provided, having regard to comparable services (ET v Rossendale BC [2010] UKUT 222 (AAC); Chapter 9).
A2.7 Information and evidence
HB Regulations, regulation 86(1) and (3) (legislation.gov.uk)
86. (1) Subject to paragraphs (1A) and (2) and to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of the relevant authority requiring him, or the Secretary of State requesting him, to do so or such longer period as the relevant authority may consider reasonable.
…
(3) Where a request is made under paragraph (1), the relevant authority shall:
(a) inform the claimant or the person to whom housing benefit has been awarded of his duty under regulation 88 (duty to notify change of circumstances) to notify the designated office of any change of circumstances; and
(b) without prejudice to the extent of the duty owed under regulation 88, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change or circumstances which is to be notified.
Why it matters. The duty is on the claimant, not the landlord, and only for what is “reasonably required” to decide entitlement (NSP v Stoke-on-Trent City Council and AT [2020] UKUT 311 (AAC); Chapters 12 and 16; Appendix 9).
A2.8 Overpayments
HB Regulations, regulation 100(1) to (3) (legislation.gov.uk)
100. (1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.
(2) Subject to paragraph (4), this paragraph applies to an overpayment which arose in consequence of an official error where the claimant, a person acting on his behalf, or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.
(3) In paragraph (2), “overpayment which arose in consequence of an official error” means an overpayment caused by a mistake made, whether in the form of an act or omission, by:
(a) the relevant authority;
(b) an officer or person acting for that authority;
(c) an officer of:
(i) the Department for Work and Pensions; or
(ii) Revenue and Customs,
acting as such; or
(d) a person providing services to the Department for Work and Pensions or to the Commissioners for Her Majesty’s Revenue and Customs,
where the claimant, a person acting on his behalf, or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.
HB Regulations, regulation 101(2) (legislation.gov.uk)
(2) For the purposes of section 75(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by a relevant authority:
(a) subject to paragraph (1) and where sub-paragraph (b) or (c) does not apply, the overpayment is recoverable from the claimant as well as the person to whom the payment was made, if different;
(b) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant, or by or on behalf of any person to whom the payment was made, the overpayment is only recoverable from any person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made; or
(c) in a case where an overpayment arose in consequence of an official error where the claimant, or a person acting on the claimant’s behalf, or any person to whom the payment was paid, or any person acting on their behalf, could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, the overpayment is only recoverable from any such person instead of, if different, the person to whom the payment was made.
Why it matters. Whether an overpayment is recoverable, and from whom, depends on why it arose. A provider that described its scheme accurately and reported changes promptly is in a much stronger position (Chapter 21; Capital Housing Association Ltd v London Borough of Ealing and SR [2025] UKUT 125 (AAC)).
A2.9 Who can challenge a decision
D&A Regulations, regulation 3 (legislation.gov.uk)
3. (1) For the purposes of Schedule 7 to the Act and subject to paragraph (2), a person is to be treated as a person affected by a relevant decision of a relevant authority where that person is:
(a) a claimant;
(b) in the case of a person who is liable to make payments in respect of a dwelling and is unable for the time being to act:
(i) a deputy appointed by the Court of Protection with power to claim, or as the case may be, receive benefit on his behalf,
…
(iii) an attorney with a general power or a power to receive benefit appointed by the person liable to make those payments under the Powers of Attorney Act 1971, the Enduring Powers of Attorney Act 1985 or the Mental Capacity Act 2005 or otherwise;
(c) a person appointed by the relevant authority under regulation 82(3) of the Housing Benefit Regulations, … (appointments for persons unable to act);
(d) a person from whom the relevant authority determines that:
(i) an overpayment is recoverable in accordance with Part 13 of the Housing Benefit Regulations or Part 12 of the Housing Benefit (State Pension Credit) Regulations; …
(e) a landlord or agent acting on behalf of that landlord and that decision is made under:
(i) regulation 95 (circumstances in which payment is to be made to the landlord) of the Housing Benefit Regulations;
(ii) regulation 96 (circumstances in which payment may be made to the landlord) of those Regulations;
…
(2) Paragraph (1) only applies in relation to a person referred to in paragraph (1) where the rights, duties or obligations of that person are affected by a relevant decision.
Why it matters. A landlord has its own right of challenge only for decisions on direct payment and on recovering an overpayment from it. On eligible rent and exempt status, it acts for tenants who authorise it (Wirral MBC v Salisbury Independent Living Ltd [2012] EWCA Civ 84; Chapter 20, 20.5). The references to Council Tax Benefit, Scotland and the pension age regulations are omitted.
A2.10 The tribunal’s approach on appeal
Child Support, Pensions and Social Security Act 2000, Schedule 7, paragraph 6(9) (legislation.gov.uk)
(9) In deciding an appeal under this paragraph, the First-tier Tribunal:
(a) need not consider any issue that is not raised by the appeal; and
(b) shall not take into account any circumstances not obtaining at the time when the decision appealed against was made.
Why it matters. The tribunal decides the case on the facts as they were when the council made its decision. Councils should keep a dated record of the evidence they relied on, and providers should put their evidence to the council before the decision (BM v Cheshire West and Chester Council, paras 64 to 72; Chapter 20, 20.6).
Other provisions referred to in this manual
| Provision | Subject | Chapter |
|---|---|---|
| HB Regulations, regulations 76, 79 and 83 | Date of claim, changes and backdating | 18 |
| HB Regulations, regulations 88 and 89 | Duty to notify changes; date changes take effect | 14, 18 |
| HB Regulations, regulations 95 and 96 | Payment to landlords | 18 |
| HB Regulations, regulations 102, 104 and 106 | Recovery methods, underlying entitlement, recovery from other tenants’ benefit | 21 |
| HB Regulations, Schedule 9 | Contents of decision notices | 19 |
| D&A Regulations, regulations 4, 5, 7, 8, 11 and 12 | Revision, supersession and suspension | 18, 20 |
| Social Security Administration Act 1992, section 75 | Recovery of overpayments | 21 |
| Tribunal Procedure (First-tier Tribunal) (Social Entitlement Chamber) Rules 2008, rules 2, 18, 23, 24 and 38 | Tribunal procedure | 20 |
| Supported Housing (Regulatory Oversight) Act 2023, sections 2, 7 and 10 | Local strategies, licensing and information sharing | 17, 22 |
| Housing Act 2004, sections 4 and 239 | Hazard inspections and powers of entry | 22 |
| Care Act 2014, section 42 | Safeguarding enquiries | 22 |
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