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Statutory Rules of Northern Ireland |
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You are here: BAILII >> Databases >> Statutory Rules of Northern Ireland >> The Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004 No. 144 URL: http://www.bailii.org/nie/legis/num_reg/2004/20040144.html |
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Made | 26th March 2004 | ||
Coming into operation | 5th April 2004 |
1. | Citation, commencement and interpretation |
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 |
24. | Transitional provision |
25. | Transitional provision for the Executive's rent decisions |
26. | Saving provision for extended payments |
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 |
(3) The Interpretation Act (Northern Ireland) 1954[7] shall apply to these Regulations as it applies to an Act of the Assembly.
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 -
(b) a person ceases to be entitled to housing benefit because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and -
(2) A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his housing benefit shall be determined in accordance with Part II of Schedule 5A and any award so determined shall be referred to in these Regulations as an "extended payment".
(3) For the purposes of any payment pursuant to this regulation -
(4) Regulations 71, 72 and 73 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 69(9), Part IX (calculation of weekly amounts and changes of circumstances) shall not apply to any payment under it.
(5) In paragraph (1)(a) and (b), references to a "person" include references to a person's partner.
(6) Subject to paragraph (8), in a case where a payment has been made under this regulation -
whichever occurs first, and
(b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.
(7) This regulation shall not apply to a claimant where, on the day before his entitlement to income support ceased, regulation 6(5) of the Income Support (General) Regulations (Northern Ireland) 1987[17] (persons not treated as engaged in remunerative work) applied to him.
(8) Until 25th October 2004 this regulation shall have effect subject to the following provisions of this paragraph -
(b) in paragraph (6), for "paragraph (8)," there shall be substituted "paragraphs (8) and (9)", and
(c) after paragraph (8) there shall be inserted the following paragraph -
whichever occurs first, and
(b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.".".
Date on which an award of benefit is to end
11.
After regulation 65 of the Housing Benefit Regulations[18] (date on which entitlement is to commence) there shall be inserted the following regulation -
(c) the claimant had been entitled to and in receipt of income support or income-based jobseeker's allowance for a continuous period of at least 26 weeks before the day on which his entitlement to income support or income-based jobseeker's allowance ceased, and for the purposes of this sub-paragraph -
(d) that work, increased earnings or, as the case may be, increased hours is expected to last at least 5 weeks or more.
(2) In the case of a claimant to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 applies (persons not treated as engaged in remunerative work), entitlement to housing benefit shall cease where -
and that entitlement shall cease at the end of the benefit week in which entitlement to income support or income-based jobseeker's allowance ceases.
(3) Paragraph (2) shall be omitted with effect from 25th October 2004.".
Benefit period
12.
Regulations 66[19] (benefit period) and 67[20] (date on which benefit period is to end) of the Housing Benefit Regulations are hereby revoked.
Change of circumstances
13.
In regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) -
(14) In a case to which this paragraph applies, the change of circumstances shall take effect from the first day of the benefit week following the day on which the change of circumstances actually occurred.".
Time claims are made or treated as made
14.
Subject to regulation 24 (transitional provision), in the Housing Benefit Regulations -
Amendment of regulation 70 of the Housing Benefit Regulations
15.
In regulation 70 of the Housing Benefit Regulations (rent and rate-free periods) for "benefit period" there shall be substituted "rent and rate-free period".
Amendment of regulation 76 of the Housing Benefit Regulations
16.
In regulation 76 of the Housing Benefit Regulations (who is to make a decision) -
Amendment of regulation 104 of the Housing Benefit Regulations
17.
Paragraph (2) of regulation 104 of the Housing Benefit Regulations[29] (sums to be deducted in calculating recoverable overpayments) shall be omitted.
Amendment of Schedule 1B to the Housing Benefit Regulations
18.
In Schedule 1B to the Housing Benefit Regulations[30] (excluded tenancies) -
(b) paragraphs 2(2A)[32], (3)(d)[33] and 4 shall be omitted.
Amendment of Schedule 2 to the Housing Benefit Regulations
19.
Paragraph 8A(4) of Schedule 2 to the Housing Benefit Regulations[34] (bereavement premium) shall be omitted.
Amendment of Schedule 5 to the Housing Benefit Regulations
20.
For sub-paragraph (3) of paragraph 8 of Schedule 5 to the Housing Benefit Regulations[35] (capital to be disregarded) there shall be substituted the following sub-paragraph-
Amendment of Schedule 5A to the Housing Benefit Regulations
21.
In Schedule 5A to the Housing Benefit Regulations[36] (extended payments of housing benefit) -
(b) in paragraph 4(4)[38] for "62A(5)(a)" there shall be substituted "62A(6) or (9), as the case may be,", and
(c) in paragraph 8(b)[39] for "62A(5)(a)" there shall be substituted "62A(6) or (9), as the case may be.".";
(c) in paragraph 2(e)[40] -
(d) in paragraph 3[41] -
(ii) in sub-paragraph (b) after "in sub-paragraph (a)(ii)" there shall be inserted ", or first commences the increased number of hours work referred to in sub-paragraph (a)(iii)";
(e) in paragraph 4 -
(f) in paragraph 6(1) for "the termination of the relevant benefit period" there shall be substituted "he ceased to be entitled to housing benefit";
(g) in paragraph 8(b)[44] for "62A(5)(a)" there shall be substituted "62A(6)";
(h) in paragraph 10 for "62A(5)(a)" there shall be substituted "62A(6)(a)", and
(i) in paragraph 13(1) -
(ii) for the definition of "the second dwelling" there shall be substituted the following definition -
Amendment of Schedule 6 to the Housing Benefit Regulations
22.
In Schedule 6 to the Housing Benefit Regulations (matters to be included in the decision notice) -
Minor and consequential amendments
23.
- (1) In the provisions specified in paragraph (2), for "benefit period" wherever it occurs, there shall be substituted "award of housing benefit", preceded, where appropriate, by "an" instead of "a".
(2) The provisions referred to in paragraph (1) are the following regulations in the Housing Benefit Regulations -
that claim shall be treated as having been made immediately after the end of the benefit period.
Transitional provision for the Executive's rent decisions
25.
- (1) If, on 5th April 2004, more than 52 weeks have elapsed since the Executive last made a rent decision in relation to a claimant's, or his partner's, claim for, or award of, housing benefit under regulation 10A of the Housing Benefit Regulations (decisions), the Executive shall make a rent decision as soon as is practicable after 5th April 2004.
(2) The Executive may make a rent decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraph (1) applies.
(3) Where the Executive makes a rent decision under paragraph (2), in consequence of paragraph (1), the decision shall take effect -
Saving provision for extended payments
26.
- (1) Paragraph (2) shall apply where a person or his partner is -
(2) Where paragraph (1) applies -
Amendment of the Housing Benefit (State Pension Credit) Regulations
29.
Regulations 9(b) of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003[54] (provisions which do not apply) is hereby revoked.
Amendment of the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations
30.
In the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003[55] Part 3 (transitory provisions), Part 4 (consequential and transitional provisions), except for regulations 6 and 11(a), and Part 5 (application and amendment of other provisions) are hereby revoked.
Amendment of regulations 7 and 8 of the Housing Benefit (Decisions and Appeals) Regulations
31.
- (1) In regulation 7[56] of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[57] (decisions superseding earlier decisions) after paragraph (2) there shall be inserted the following paragraph -
(2) In regulation 8[58] of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 (date from which a decision superseding an earlier decision takes effect) after paragraph (6) there shall be inserted the following paragraph -
(b) in a case where the amount of the appropriate relevant authority's rent decision has decreased, the first day of the benefit week following the date on which that rent decision was made by the appropriate relevant authority.".
Amendment of the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations
32.
- (1) Regulation 3 of the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003[59] is hereby revoked.
Sealed with the Official Seal of the Department for Social Development on
26th March 2004.
L.S.
John O'Neill
Senior Officer of the Department for Social Development
The Department of Finance and Personnel hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of Finance and Personnel on
29th March 2004.
L.S.
Ciaran Doran
Senior Officer of the Department of Finance and Personnel
Column (1) | Column (2) | Column (3) |
Short title | Provision | Relevant amendments |
Social Security Contributions and Benefits (Northern Ireland) Act 1992[60] | ||
Section 122(1)(d) | ||
Section 129(2) to (4) | ||
Section 131(1) | ||
Section 132(3) and (4) | ||
Section 132A | State Pension Credit Act (Northern Ireland) 2002[61], Schedule 2, paragraph 3 | |
Section 133(2)(i) | ||
Section 171(3), (4), (5) and (6) | Social Security (Incapacity for Work) (Northern Ireland) Order 1994[62], Schedule 1, paragraph 36 | |
Social Security Administration Act (Northen Ireland) 1992[63] | ||
Sections 5(1)(a), (b), (d), (e), (h), (j), (k) and (l) | Social Security (Northern Ireland) Order 1998[64] Schedule 6, paragraph 60(1)(a) | |
Section 73(2) and (4) | ||
Section 165(4), (5) and (7) | ||
Social Security (Northern Ireland) Order 1998 | ||
Section 34(1) to (3) | State Pension Credit Act (Northern Ireland) 2002, Schedule 2, paragraph 30 | |
Section 74(3) and (5) |
[3] See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7) as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481back
[4] See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)back
[5] Definition of "relevant authority" was inserted by regulation 2(a) of S.R. 2001 No. 215back
[6] S.R. 1987 No. 461; relevant amending Regulations are S.R. 1989 No. 125, S.R. 1990 Nos. 136 and 137, S.R. 1991 Nos. 47 and 337, S.R. 1992 No. 141, S.R. 1993 Nos. 149 and 381, S.R. 1994 No. 274, S.R. 1995 No. 89, S.R. 1996 Nos. 111, 115, 181 and 334, S.R. 1997 No. 454, S.R. 1999 Nos. 99, 381 and 416, S.R. 2000 Nos. 1, 260 and 265, S.R. 2001 Nos. 78, 79, 99, 175, 215 and 238, S.R. 2002 No. 295 and S.R. 2003 Nos. 189, 197 and 294back
[8] Paragraph (12) was added by regulation 3(4)(c) of S.R. 1993 No. 149 and modified by regulation 8 of S.R. 2003 No. 294 which is revoked by regulation 30 of these Regulationsback
[9] Regulation 11 was substituted by regulation 7 of S.R. 1996 No. 111 and paragraph (6) was amended by regulation 4(c)(i) and 5(a) of S.R. 2001 No. 215 and was modified by regulation 9(a) of S.R. 2003 No. 294 which is revoked by regulation 30 of these Regulationsback
[10] Paragraph (1)(a) was amended by regulations 4(a) of S.R. 1991 No. 337 and 2(2)(a) of S.R. 1994 No. 274back
[11] Regulation 21A was inserted by regulation 2(3) of S.R. 1994 No. 274back
[12] Regulation 22 was amended by Schedule 1 of S.R. 2001 No. 215back
[13] Paragraph (1) was amended by regulation 7 of S.R.1993 No. 381back
[14] Paragraph (1) was amended by regulation 5 of S.R. 1989 No. 125back
[15] Regulation 62A was inserted by regulation 3 of S.R. 1996 No. 115back
[18] Regulation 65 was amended by regulation 4(3) of S.R. 1990 No. 137 and regulation 12(a) of S.R. 2003 No. 294back
[19] Regulation 66 was amended by regulation 11 of S.R. 1996 No. 334, regulation 5 of S.R. 2000 No. 1 and Schedule 1 to S.R. 2001 No. 215back
[20] Regulation 67 was amended by regulation 9 of S.R. 1990 No. 136, regulation 8 of S.R. 1995 No. 89, regulation 12(a), (b), (c) and (d) of S.R. 1996 No. 334 and Schedule 1 to S.R. 2001 No. 215back
[21] Pararaph 1 was amended by regulation 6(a) of S.R. 1999 No. 416, regulation 8(a)(i) of S.R. 2001 No. 215, regulation 2(2)(a) of S.R. 2003 No. 189, regulation 13(3) of S.R. 2003 No. 197 and regulation 11(a) of S.R. 2003 No. 294back
[22] Paragraph 2 was amended by regulation 8(a)(ii) of S.R. 2001 No. 215 and regulation 11(b) of S.R. 2003 No. 294back
[23] Paragraph 3 was amended by regulation 7(b) of S.R. 1992 No. 141 and regulation 11(b) of S.R. 2003 No. 294back
[24] Paragraph 4 was amended by regulation 7(c) of S.R. 1992 No. 141 and regulation 11(b) of S.R. 2003 No. 294back
[25] Paragraph (12) was added by regulation 13(3) of S.R. 2003 No. 197back
[26] Paragraph (13A) was inserted by regulation 4(3)(b) of S.R. 1999 No. 381back
[27] Paragraph (4) was added by regulation 5 of S.R. 1996 No. 115 and amended by regulation 15 of S.R. 1996 No. 334, regulation 4(4)(a) of S.R. 1999 No. 381, regulation 5(a) of S.R. 2001 No. 99 and Schedule 1 to S.R. 2001 No. 215back
[28] Paragraph (5) was added by regulation 4(4)(b) of S.R. 1999 No. 381 and amended by regulation 5(b) of S.R. 2001 No. 99 and Schedule 1 to S.R. 2001 No. 215back
[29] Regulation 104 was substituted by regulation 5 of S.R. 2000 No. 265back
[30] Schedule 1B was inserted by Schedule 2 to S.R. 1996 No. 111back
[31] Paragraph 2(2) was substituted by regulation 7 of S.R. 2001 No. 79 and amended by regulation 4(s)(i) of S.R. 2001 No. 215, regulation 3(a) and (b) of S.R. 2001 No. 238 and regulation 15(2) of S.R. 2003 No. 294back
[32] Sub-paragrpah (2A) was substituted by regulation 7 of S.R. 2001 No. 79back
[33] Sub-paragraph (3)(d) was inserted by regulation 9 of S.R. 1996 No. 181back
[34] Paragraph 8A(4) was inserted by regulation 4(2)(b) of S.R. 2000 No. 260back
[35] Sub-paragraph (3) was added by regulation 3 of S.R. 2002 No. 295back
[36] Schedule 5A was inserted by regulation 6 of S.R. 1996 No. 115back
[37] Paragraph 3 was substituted by regulation 6(3) of S.R. 2001 No. 99back
[38] Sub-paragraph (4) was amended by regulation 4(5)(b) of S.R. 1999 No. 381 and regulation 6(4)(a) of S.R. 2001 No. 99back
[39] Paragraph 8(b) was amended by regulation 4(5)(c) of S.R. 1999 No. 381back
[40] Sub-paragraph (e) was substituted by regulation 22(a)(iv) of S.R. 1996 No. 334 and amended by regulation 6(2)(c) of S.R. 2001 No. 99back
[41] Paragraph 3 was substituted by regulation 6(3) of S.R. 2001 No. 99back
[42] Sub-paragraph (3) was substituted by regulation 4(5)(b)(i) of S.R. 1999 No. 381back
[43] Sub-paragraph (4) was amended by regulation 4(5)(b)(ii) of S.R.1999 No. 381 and regulation 6(4)(a) of S.R. 1999 No. 99back
[44] Paragraph 8 was amended by regulation 4(5)(c) of S.R. 1999 No. 381back
[45] In paragraph (1) the definition of "claimant" was amended by regulation 4(5)(e) of S.R. 1999 No. 381 and sub-paragraph (2) was inserted by regulation 4(5) of S.R. 1999 No. 381back
[46] Paragraph 9(h) was amended by regulation 13 of S.R. 1989 No. 125, regulation 23(2)(a) of S.R. 1996 No. 334, regulation 6(b) of S.R. 2001 No. 215 and regulation 16 of S.R. 2003 No. 294back
[47] Paragraph 14(1)(e) was amended by regulation 4(4) of S.R. 1997 No. 454 and regulation 6(b) and (c) of S.R. 2001 No. 215back
[48] Regulation 75(1) was amended by regulation 8(3)(a) of S.R. 2001 No. 175, regulation 4(h) of S.R. 2001 No. 215 and regulation 17(2)(c) of S.R. 2003 No. 294back
[49] Regulation 72(13) was amended by regulation 9(b) of S.R. 1991 No. 47, regulation 13(c) of S.R. 1996 No. 334, regulation 4(3)(a)(i)(aa) and (bb) and 4(3)(a)(ii) and (iii) of S.R. 1999 No. 381, regulation 4 of S.R. 2001 No. 99 and Schedule 1 of S.R. 2001 No. 215back
[51] S.R. 1997 No. 170; relevant amending regulations are S.R. 1997 No. 337 and S.R. 1998 No. 324back
[52] Paragraph (2A) was inserted by regulation 2(4)(b) of S.R. 1997 No. 377back
[53] Paragraph (2B) was inserted by regulation 2(4)(b) of S.R. 1997 No. 377 and amended by regulation 12(c) of S.R. 1998 No. 324back
[56] Regulation 7 was amended by regulation 4(2) of S.R. 2003 No. 224 and regulation 22 of S.R. 2003 No. 294 which is revoked by regulation 30 of these Regulationsback
[57] S.R. 2001 No. 213; relevant amending Regulations are S.R. 2002 No. 80, S.R. 2003 Nos. 197, 224, 294 and 418back
[58] Regulation 8 was amended by regulation 8(5) of S.R. 2002 No. 80, regulation 19 of S.R. 2003 No. 197, regulation 4(3) of S.R. 2003 No. 224 and regulation 4(5) of S.R. 2003 No. 418back
[62] S.I. 1994/1898 (N.I. 12)back
[64] S.I. 1998/1506 (N.I. 10)back