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Statutory Rules of Northern Ireland


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URL: http://www.bailii.org/nie/legis/num_reg/2004/20040144.html

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2004 No. 144

HOUSING; RATES

The Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004

  Made 26th March 2004 
  Coming into operation 5th April 2004 


ARRANGEMENT OF REGULATIONS


PART 1

GENERAL
1. Citation, commencement and interpretation

PART 2

AMENDMENT OF HOUSING BENEFIT REGULATIONS
2. Amendment of regulation 2 of the Housing Benefit Regulations
3. Amendment of regulation 7 of the Housing Benefit Regulations
4. Amendment of regulation 11 of the Housing Benefit Regulations
5. Amendment of regulation 21 of the Housing Benefit Regulations
6. Amendment of regulation 21A of the Housing Benefit Regulations
7. Amendment of regulation 22 of the Housing Benefit Regulations
8. Amendment of regulation 23 of the Housing Benefit Regulations
9. Amendment of regulation 24 of the Housing Benefit Regulations
10. Extended payments
11. Date on which an award of benefit is to end
12. Benefit period
13. Change of circumstances
14. Time claims are made or treated as made
15. Amendment of regulation 70 of the Housing Benefit Regulations
16. Amendment of regulation 76 of the Housing Benefit Regulations
17. Amendment of regulation 104 of the Housing Benefit Regulations
18. Amendment of Schedule 1B to the Housing Benefit Regulations
19. Amendment of Schedule 2 to the Housing Benefit Regulations
20. Amendment of Schedule 5 to the Housing Benefit Regulations
21. Amendment of Schedule 5A to the Housing Benefit Regulations
22. Amendment of Schedule 6 to the Housing Benefit Regulations
23. Minor and consequential amendments

PART 3

TRANSITIONAL AND SAVING PROVISIONS
24. Transitional provision
25. Transitional provision for the Executive's rent decisions
26. Saving provision for extended payments

PART 4

AMENDMENT OF OTHER PROVISIONS
27. Amendment of regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996
28. Amendment of regulation 5 of the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997
29. Amendment of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003
30. The Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003
31. Amendment of regulations 7 and 8 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001
32. Amendment of the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003

  SCHEDULE PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

The Department for Social Development, in exercise of the powers conferred on it by the provisions specified in the Schedule to these Regulations, and now vested in it[
1], paragraph 4(3) and (5) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[2] and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[3], and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[4], hereby makes the following Regulations:



PART 1

GENERAL

Citation, commencement and interpretation
     1.  - (1) These Regulations may be cited as the Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 5th April 2004.

    (2) In these Regulations -

    (3) The Interpretation Act (Northern Ireland) 1954[7] shall apply to these Regulations as it applies to an Act of the Assembly.



PART 2

AMENDMENT OF HOUSING BENEFIT REGULATIONS

Amendment of regulation 2 of the Housing Benefit Regulations
     2. In regulation 2(1) of the Housing Benefit Regulations (interpretation) the definition of "benefit period" shall be omitted.

Amendment of regulation 7 of the Housing Benefit Regulations
    
3. In regulation 7(12) of the Housing Benefit Regulations[8] (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from "except" to the end shall be omitted.

Amendment of regulation 11 of the Housing Benefit Regulations
     4. In regulation 11(6) of the Housing Benefit Regulations[9] (maximum rent) -

Amendment of regulation 21 of the Housing Benefit Regulations
     5. In regulation 21(1)(a) of the Housing Benefit Regulations[10] (calculation of income on a weekly basis) "over the benefit period" shall be omitted.

Amendment of regulation 21A of the Housing Benefit Regulations
     6. In regulation 21A(3) of the Housing Benefit Regulations[11] (treatment of child care charges) "over the benefit period" shall be omitted.

Amendment of regulation 22 of the Housing Benefit Regulations
     7. In regulation 22 of the Housing Benefit Regulations (average weekly earnings of employed earners) -

Amendment of regulation 23 of the Housing Benefit Regulations
     8. In regulation 23(1) of the Housing Benefit Regulations[13] (average weekly earnings of self-employed earners) "over the benefit period" shall be omitted.

Amendment of regulation 24 of the Housing Benefit Regulations
     9. In regulation 24(1) of the Housing Benefit Regulations[14] (average weekly income other than earnings) "over the benefit period" shall be omitted.

Extended payments
     10. Subject to regulation 26 (saving provision for extended payments), for regulation 62A of the Housing Benefit Regulations[15] (extended payments) there shall be substituted the following regulation -


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