Shaun lives in Newall Green. Your benefits will be reduced if you get more than the limit that applies for your circumstances - this means you'll get less Housing Benefit or Universal Credit. £384.62 a week for couples (with or without children living with them) £384.62 a week for single parents whose children live with them; £257.69 a week for single adults who don’t have children, or whose children don’t live with them. Housing Benefit and Universal Credit (Supported Accommodation) (Amendment) Regulations 2014. It only applies if you are under State Pension age and you get Housing Benefit or Universal Credit. If you and/or your partner have any savings or capital of between £6,000 and £16,000, the first £6,000 is ignored. If you get Universal Credit (and you're 18 or over), you can use the Turn2us benefits calculator to check how you’ll be affected. Where there is an existing award of universal credit on 7th November 2016, the regulations relating to universal credit have effect on that date if a claimant’s assessment period begins on that day and, if it does not, on the first day of a claimant’s next assessment period following 7th November 2016. This is called the benefit cap. As their total welfare income is £1208.85 over their Benefit Cap of £1666.67 per month, their Universal Credit will be reduced by £1208.85 to £1280.14, so they will need to pay for their rent, food, bills etc. Housing Benefit Regulation 1 provides that the Regulations come into force on 7th November 2016. The relevant amount is determined by dividing the applicable annual limit by 12. See section 173(1)(b) of the Social Security Administration Act 1992 (c.5). You can find out more or opt-out from some cookies. How much is the benefit cap? Thank you, your feedback has been submitted. 2013/546 and S.I. It applies to most people who are aged 16 or older, but who are yet to reach state pension age. What is the benefit cap? How much do I need to work to be exempt from the Benefit Cap? If you’re receiving over £442.31 a week in London, or £384.62 a week elsewhere, your housing benefit or universal credit will be reduced until your total benefits come down to the cap that applies in … 2006/213. The cap won't apply if you get universal credit and … https://www.gov.uk/government/publications/welfare-reform-and-work-act-impact-assessment-for-the-benefit-cap, the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources, the original print PDF of the as made version that was used for the print copy. It applies to most people aged 16 or over who have not reached pension age. If the total is above the threshold, the difference is subtracted from your Housing Benefit or Universal Credit claim. 2014/1230). You are exempt if you are earning at least £142.56 per week or £617.76 per month. (b)where the claimant is treated as occupying more than one dwelling as the claimant’s home pursuant to regulation 7(6) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home), one of those dwellings is in Greater London.”. The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 96(1), (4)(a), (c) and (g), (5), (5B) and (10) and 97(1) of the Welfare Reform Act 2012(1) and section 34 of the Welfare Reform and Work Act 2016(2). Section 97(1) was amended by section 9 of the Welfare Reform and Work Act 2016. The Benefit Cap will only apply if you get Housing Benefit or Universal Credit. (a)£15,410 for a single claimant resident in Greater London who is not responsible for a child or qualifying young person; (i)joint claimants where either joint claimant is resident in Greater London; (ii)a single claimant resident in Greater London who is responsible for a child or qualifying young person; (c)£13,400 for a single claimant not resident in Greater London who is not responsible for a child or qualifying young person; (i)joint claimants not resident in Greater London; (ii)a single claimant not resident in Greater London who is responsible for a child or qualifying young person. See section 173(5) of the Social Security Administration Act 1992. 2012/2994. Different options to open legislation in order to view more content on screen at once. Citizens Advice is an operating name of the National Association of Citizens Advice Bureaux. If you receive Housing Benefit paid by your local authority because you are in temporary housing or specified housing, alongside your Universal Credit then do not include your Housing Benefit in the benefit cap amount. If this amount is more than your benefit cap threshold then you will be benefit capped by the amount in excess. If you claim as a couple, it's your combined earnings that count. Weekly benefit cap. This is the original version (as it was originally made). in paragraph (1) after “relevant amount” insert “determined under regulation 80A (relevant amount)”; Where the welfare benefit is housing benefit under section 130 of the Contributions and Benefits Act, the amount to be used is nil. When you're exempt from the benefit cap. The Benefit Cap is a limit to the total amount of money you can get from benefits. (2) For regulation 75B (determination of whether a benefit cap applies) substitute—. If you are claiming Universal Credit and you are earning at least the amount you would get for 16 hours per week at National Living Wage, you are exempt from the Benefit Cap. (2) Where the amendments made by regulation 3 or 5 apply in respect of an existing award of universal credit, they have effect for the purposes of that award—, (a)on 7th November 2016 if there is an assessment period for that award that begins on that day; or. If it applies to you, your housing benefit or universal credit is reduced so the money you get from benefits doesn't go above the cap level. Find out how to challenge a benefit decision. Contact your nearest Citizens Advice if you need more help with your living costs because your benefits have been reduced. £384.62 per week for couples; £384.62 per households with children; £257.69 per week for single adults; You cannot receive more than this from benefits. 3.—(1) The Universal Credit Regulations 2013(7) are amended as follows. in the definition of “relevant amount”, for the words from “is” to the end substitute “means the amount determined in accordance with regulation 75CA”; and. If you get Housing Benefit use the Benefit Cap calculator on GOV.UK to check how you’ll be affected. If you or your partner have £6,000 or less in savings this will not affect your claim for these benefits. Depending on where you live, you may have to claim Universal Credit instead. 75CA.—(1) The relevant amount is determined by dividing the applicable annual limit by 52 and rounding that amount by disregarding any amount of less than half a penny and treating any amount of half a penny or more as a whole penny. For the purposes of section 96 of the Act (benefit cap) and this regulation a claimant is resident in Greater London if—, where the housing costs element is included in the claimant’s award of universal credit—, accommodation in respect of which the claimant meets the occupation condition is in Greater London; or. In regulation 9 of the Universal Credit (Transitional Provisions) Regulations 2014 (treatment of ongoing entitlement to certain benefits: benefit cap)(9)—. Section 96(5) was substituted and 96(5B) inserted by section 8(2) of the Welfare Reform and Work Act 2016. How Much HB? NHS Choices - Information on hospitals, conditions and treatments. 80A.—(1) The relevant amount is determined by dividing the applicable annual limit by 12. £15,410 for a single claimant resident in Greater London who is not responsible for a child or qualifying young person; joint claimants where either joint claimant is resident in Greater London; a single claimant resident in Greater London who is responsible for a child or qualifying young person; £13,400 for a single claimant not resident in Greater London who is not responsible for a child or qualifying young person; joint claimants not resident in Greater London; a single claimant not resident in Greater London who is responsible for a child or qualifying young person. The benefit cap sets a limit on the amount of benefits you can receive. (b)omit the definition of “welfare benefit”. 2012 c.5. The other provisions in this instrument have not been referred to the Social Security Advisory Committee because they are made before the end of the period of 6 months beginning with the coming into force of section 96(5) and (5B) of the Welfare Reform Act 2012(4) and section 34 of the Welfare Reform and Work Act 2016. If you’re aged 16 to 64, there might be a limit on the total amount of benefit your household can get. What is the benefit cap? Check what extra help you could get if you don’t have enough to live on. 63p of universal credit. a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer’s allowance; the carer element is included in the award of universal credit; a claimant is entitled to guardian’s allowance under section 77 of the Contributions and Benefits Act. Calculating the benefit cap consists of adding up entitlement of all specified benefits and comparing the total to the threshold relevant to your circumstances. Regulation 4 makes a consequential amendment to regulation 8 (date from which a decision superseding an earlier decision takes effect) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001. The Benefit Cap will only apply if you get Housing Benefit or Universal Credit. For the purposes of section 96 of the 2012 Act (benefit cap) and this regulation a claimant is resident in Greater London if—, the dwelling that the claimant normally occupies as the claimant’s home is in Greater London; or. And Other Benefits. A new exemption now applies to people receiving carer’s allowance, guardian’s allowance or the carer’s element of universal credit. If you receive any of these benefits, you will be exempt from the benefit cap. See the gov.uk website for more information about which benefits are included in the cap. Contact your nearest Citizens Advice if you need more help working out how the Benefit Cap will affect you or if you want help challenging a benefit decision. The amount of money you can get in benefits before the Benefit Cap applies depends on things like: You should challenge the decision if you think a mistake has been made when calculating your benefits. All rights reserved. 2014/1230). 2013/376, to which there are amendments not relevant to these Regulations. 2012/2994. An impact assessment has been produced and copies may be obtained from the Legislation Team in the Department for Work and Pensions, Caxton House, Tothill Street, London SW1 9NA or from: https://www.gov.uk/government/publications/welfare-reform-and-work-act-impact-assessment-for-the-benefit-cap. The benefit cap is a limit on the total amount of benefit you can get. Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. (6) In regulation 83(1) (exceptions – entitlement or receipt of certain benefits), after sub-paragraph (h) insert—. 1.—(1) These Regulations may be cited as the Benefit Cap (Housing Benefit and Universal Credit) (Amendment) Regulations 2016 and come into force on 7th November 2016. “(i)a claimant, or a qualifying young person for whom a claimant is responsible, is entitled to carer’s allowance; (j)the carer element is included in the award of universal credit; (k)a claimant is entitled to guardian’s allowance under section 77 of the Contributions and Benefits Act.”. The benefit cap puts a limit on the total amount of benefits you can receive. Singles and Couples; On C-ESA 'Credits only' claim; Non-dependants; Working Tax Credit; Personal Independence Payment; Help Pack / Letters; Personal Independence Payment. omit the definition of “welfare benefit”. The benefit cap might not affect your Universal Credit payments for up to 9 months. Access essential accompanying documents and information for this legislation item from this tab. Check if you’re affected by the Benefit Cap. out of their reduced Universal Credit and their Child Benefit. (a)in paragraph (1)(a) for “regulation 79(4) of the Universal Credit Regulations (circumstances where the benefit cap applies)” substitute “section 96(10) of the Act (benefit cap)”; (b)in paragraph (2) for “paragraph (4) of that regulation” substitute “section 96(10) of the Act”. (2) This paragraph applies where a relevant authority receives notification from the Secretary of State that—, (b)there has been a change in the amount of a welfare benefit to which a claimant is entitled; or. Dependent on the legislation item being viewed this may include: Use this menu to access essential accompanying documents and information for this legislation item. 2013/388, S.I. Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. on 7th November 2016 if there is an assessment period for that award that begins on that day; or. Councils have discretion to make payments to those who don't receive the qualifying benefits. (a)in the definition of “relevant amount”, for the words from “is” to the end substitute “means the amount determined in accordance with regulation 75CA”; and. (ii)where there is no accommodation that the claimant normally occupies as their home, the Jobcentre Plus office to which the Secretary of State has allocated their claim is in Greater London.”. If the total amount of benefits you receive is more than your benefit cap limit, you will not be entitled to any Housing Benefit. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Discrimination in health and care services. 75B.—(1) A relevant authority may make a determination as to whether the benefit cap applies or whether to change the amount of any reduction made in accordance with regulation 75D (reduction of housing benefit) but a relevant authority is not required to do so unless paragraph (2) applies. If you and/or your partner have £16,000 or more in savings, you will not be entitled to Universal Credit. (5) In regulation 81(3) (reduction of universal credit) for “applicable under regulation 79(3)” substitute “determined under regulation 80A”. You’ll get the grace period if all of the following are true: (3) For the purposes of section 96 of the 2012 Act (benefit cap) and this regulation a claimant is resident in Greater London if—, (a)the dwelling that the claimant normally occupies as the claimant’s home is in Greater London; or. It is possible to be benefit capped without claiming housing element. “(2A) Where the welfare benefit is housing benefit under section 130 of the Contributions and Benefits Act, the amount to be used is nil.”. Regulation 75CA sets out that the relevant amount is calculated by dividing the annual limit that applies to a claimant by 52 and rounding that amount to the nearest penny; introducing two new exemptions into regulation 75F (exception to the benefit cap: receipt of specified benefit) so that the benefit cap does not apply where the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible is entitled to carer’s allowance or guardian’s allowance; and. Advice for people affected by child abuse. There is a Benefits Cap calculator available on the GOV.UK website Check if your benefits will be affected The benefit cap is determined by the DWP, not the local authority. The benefit cap on Universal Credit has entirely different rules to people on Housing Benefit. The benefit cap on Universal Credit has entirely different rules to people on Housing Benefit. It is possible to be benefit capped without claiming housing element. It is possible for someone to benefit capped by more than their housing element. Regulation 80A sets out that the relevant amount is calculated by determining which annual limit applies to a claimant and dividing the annual limit that applies by 12. The benefits included when seeing if your benefit income exceeds the benefit cap are: Housing Benefit; Child Benefit; Child Tax Credit… The Benefit Cap is a limit to the total amount of money you can get from benefits. Regulation 75F was amended by S.I. In regulation 8 (date from which a decision superseding an earlier decision takes effect) of the Housing Benefit and Council Tax Benefit (Decisions and Appeals) Regulations 2001(8), in paragraph (14F)(b), for “regulation 75G of the Housing Benefit Regulations” substitute “section 96(10) of the Welfare Reform Act 2012 (benefit cap)”. if sub-paragraph (a) does not apply, on the first day of the next assessment period for the award beginning after 7th November 2016. These Regulations make amendments in connection with the Welfare Reform and Work Act 2016 (“the 2016 Act”) and introduce new exemptions to the benefit cap. The benefit cap is a limit on the total amount of benefit which a person is able to receive. If you are claiming Universal Credit, the amount of Universal Credit that you receive each month will be reduced to the cap amount (except for the Childcare Costs element). the claimant is in receipt of housing benefit in respect of a dwelling (which has the meaning given in section 137 of the Contributions and Benefits Act) in Greater London; where the housing costs element is not included in the claimant’s award of universal credit—, accommodation that the claimant normally occupies as their home is in Greater London; or. These regulations are made within six months of the coming into force of section 8(2). 2013/376) UC (Transitional Provisions) Regulations 2014 (S.I. The benefit cap is an overall limit on the amount of benefits that many working age people can get. The roll out of Universal Credit is now complete and it is available across the country. S.I. (This note is not part of the Regulations). If your income is above this limit, your Housing Benefit or Universal Credit might be reduced. You earn more than £139.52 a week or £604.59 a month. You're in a grace period. Universal Credit (UC) Regulations 2013 (S.I. 1992 c.5. Universal Credit is replacing Housing Benefit for working age households. (2) In regulation 79 (circumstances where the benefit cap applies)—. If you are entitled to more money, the extra will be deducted from. Universal Credit; Housing Benefit. the claimant, the claimant’s partner, or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a carer’s allowance under section 70 of the Act; the claimant, the claimant’s partner or a young person for whom the claimant or the claimant’s partner is responsible, is entitled to a guardian’s allowance under section 77 of the Act.

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