The Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997

Made: 20th March 1997

Coming into operation in accordance with regulation 1(1)

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 122(1)(d), 129(2) and (4), 133(2)(i) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00001] and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997 and shall come into operation as follows—

• (a) for the purposes of this regulation and regulation 4(b) on 7th April 1997;

• (b) for the purposes of regulations 2, 3, 4(a) and 5 on 6th October 1997.

• (2) In these Regulations—

• “the principal Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00002];

• “young individual” has the meaning specified in regulation 2 of the principal Regulations[^f00003].

• (3) The Interpretation Act (Northern Ireland) 1954[^f00004] shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of regulation 11 of the principal Regulations

2

In regulation 11[^f00005] (maximum rent)—

• (a) in paragraph (3A)[^f00006] at the beginning there shall be inserted “Subject to paragraph (3D),”;

• (b) after paragraph (3A) there shall be inserted the following paragraphs—

(3B) In the case of a single claimant to whom paragraph (3C) applies, where the Executive has determined a single room rent, the maximum rent shall not exceed that single room rent. (3C) Subject to paragraph (3D), this paragraph applies to a person who is aged not less than 25 but less than 60 and who— (a) makes a claim for housing benefit on or after 6th October 1997, or (b) having been continuously entitled to and in receipt of housing benefit in respect of the same dwelling for a benefit period beginning before 6th October 1997, makes a further claim for that benefit either— (i) in accordance with regulation 72(11), (12) or (13)[^f00007] (time and manner in which claims are to be made), or (ii) upon a change of dwelling. (3D) Paragraphs (3A) and (3C) shall not apply in the case of a claimant— (a) who is a tenant of a registered housing association or a person to whom regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996[^f00008] (savings provisions) applies; (b) to whom paragraph 13 of Schedule 2 (severe disability premium) applies, or (c) who has a non-dependant residing with him.

• (c) in paragraph (4)[^f00009]—

• (i) for “limits specified in paragraphs (3) and (3A)” there shall be substituted “limits specified in paragraphs (3), (3A) and (3B)”, and

• (ii) in sub-paragraph (a) the words from “plus 50 per cent.” to the end of the sub-paragraph shall be omitted;

• (d) in paragraph (5)[^f00010] for “limits specified in paragraphs (3) and (3A)” there shall be substituted “limits specified in paragraphs (3), (3A) and (3B)” and the words from “plus 50 per cent.” to the end of the paragraph shall be omitted.

Omission of regulation 12 of the principal Regulations

3

Subject to regulation 5 (savings), regulation 12[^f00011] (restrictions on rent increases) shall be omitted.

Amendment of Schedule 1B to the principal Regulations

4

In Schedule 1B to the principal Regulations[^f00012] (excluded tenancies)—

• (a) in paragraph 2(3)(d)[^f00013] after “young individual” there shall be inserted “or person to whom regulation 11(3B) applies”;

• (b) in paragraph 6(2) for the words from “if there” to the end of the paragraph, there shall be substituted the following—

if— (a) there has been an increase in rent since the disposal occurred, and (b) the claimant occupies a dwelling larger than is reasonably required by him and any others who occupy that dwelling (including any non-dependant of his and any person paying rent to him), or (c) the rent payable for that dwelling is unreasonably high.

Savings

5

• (1) Regulation 2(c) and (d) shall not have effect in the case of a claimant for housing benefit to whom paragraph (2) applies.

• (2) This paragraph applies to a claimant—

• (a) who is not a single claimant;

• (b) who is aged less than 25 and is not a young individual, or

• (c) who is aged 60 or over,

who makes a further claim for housing benefit under regulation 72(11) to (13) of the principal Regulations, where he has been continuously entitled to and in receipt of housing benefit in respect of the same dwelling for a benefit period beginning before 6th October 1997, which included an addition by virtue of regulation 11(4) or (5) of the principal Regulations as they had effect on 5th October 1997 and for this purpose “benefit period” has the same meaning as in regulation 66 of the principal Regulations.

• (3) Regulation 3 shall not have effect in the case of a claimant to whom regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 (savings provisions) applies.

Signed

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

John O'Neill — Assistant Secretary — 20th March 1997.

Explanatory note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 with respect to determinations and the calculation of the maximum rent on which housing benefit may be paid in the case of, subject to exceptions, single claimants aged 25 or more but less than 60 and further restricts the maximum rent for other claimants. A savings provision excepts specified claimants from the effect of these Regulations.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7

[^f00002]: S.R. 1987 No. 461; relevant amending Regulations are S.R. 1989 No. 125, S.R. 1991 No. 47, S.R. 1996 Nos. 111, 181, 334, 405 and 448

[^f00003]: Definition inserted by regulation 2 of S.R. 1996 No. 181 and substituted by regulation 4(c) of S.R. 1996 No. 405

[^f00004]: 1954 c. 33 (N.I.)

[^f00005]: Regulation 11 was inserted by regulation 7 of S.R. 1996 No. 111

[^f00007]: Paragraph 13 was amended by regulation 9(b) of S.R. 1991 No. 47 and regulation 13(c) of S.R. 1996 No. 334

[^f00008]: S.R. 1996 No. 111 was amended by regulation 8 of S.R. 1996 No. 405 and regulation 8 of S.R. 1996 No. 448

[^f00011]: Regulation 12 was amended by regulation 4 of S.R. 1989 No. 125 and regulation 8 of S.R. 1996 No. 111

[^f00012]: Schedule 1B was inserted by regulation 15 of S.R. 1996 No. 111 and amended by regulation 9 of S.R. 1996 No. 181

[^f00013]: Paragraph 2(3)(d) was inserted by regulation 9 of S.R. 1996 No. 181