Skip to content

Disregard the whole income and capital of HB claimants on IS, income-based JSA or income-related ESA (HB Regs Sch 5 para 4, Sch 6 para 5) #1993

Closed

Description

@MaxGhenis

Problem

housing_benefit_applicable_income adds income_support, jsa_income and esa_income to a working-age Housing Benefit claimant's income, then tapers it. In law, a claimant on one of these benefits has the whole of their income and capital disregarded, and so gets maximum HB.

Law (SI 2006/213, read on legislation.gov.uk on 2026-09-30 and 2026-10-01)

  • Sch 5 para 4 (sums disregarded in the calculation of income other than earnings): "Where a claimant is on universal credit, income support, an income-based jobseeker's allowance or an income-related employment and support allowance the whole of his income."
  • Sch 6 para 5 disregards, in the same case, "the whole of his capital".
  • Sch 4 para 12 (earnings): "Where a claimant is on universal credit, income support, an income-based jobseeker's allowance or an income-related employment and support allowance, his earnings." Take Housing Benefit earnings disregards from net earnings only #1908 implements this one for earnings only.
  • SI 2006/214 reg 5(2) sends a pension-age claimant to SI 2006/213 when the claimant or partner is on one of these benefits (SI 2006/213 reg 5(1)(b)).
  • Northern Ireland: SR 2006/405 has the same structure. Check its paragraph numbers.

Scope (Enhanced FRS 2024-25, 2026, aggregates)

Fix

Zero HB applicable income and assessable capital when the claimant or partner is in receipt of IS, income-based JSA or income-related ESA (an amount paid > 0, as in_receipt_of_guarantee_credit does for Pension Credit). Use the claimant-and-partner definition from #1896 if it has merged. Check that #1908's para 12 branch does not double count.

Then add hand-computed YAML tests, property tests, a real Enhanced FRS impact against main, and Axiom parity (extend TheAxiomFoundation/rulespec-uk#375).

Found in independent reviews of #1908 and #1927.

Activity

Sign up for free to join this conversation on GitHub. Already have an account? Sign in to comment

Metadata

Metadata

Assignees

No one assigned

    Labels

    No labels
    No labels

    Type

    No type

    Projects

    No projects

      Milestone

      No milestone

      Relationships

      None yet

      Development

      No branches or pull requests

      Issue actions