The Housing Benefit Regulations (Northern Ireland) 2006

Made: 12th October 2006

Coming into operation: 20th November 2006

The Regulations are made with the consent of the Department of Finance and Personnel[^f00005].

PART I — General

Citation and commencement

1

• (1) These Regulations may be cited as the Housing Benefit Regulations (Northern Ireland) 2006 and shall come into operation on 20th November 2006.

• (2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations and, in a case where regulation 5(2) applies, with the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00006].

• (3) The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.

Interpretation

2

• (1) In these Regulations—

• “the 1950 Act” means the Employment and Training Act (Northern Ireland) 1950[^f00007];

• “the 2015 Order” means the Welfare Reform (Northern Ireland) Order 2015;

• “the Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

• “the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

• “the Children Order” means the Children (Northern Ireland) Order 1995[^f00008];

• “the Electronic Communications Act” means the Electronic Communications Act (Northern Ireland) 2001;

• “the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996[^f00009];

• “the Fraud Act” means the Social Security Fraud Act (Northern Ireland) 2001[^f00010];

• “the Health and Personal Social Services Order” means the Health and Personal Social Services (Northern Ireland) Order 1972 [^f00011];

• “the Immigration and Asylum Act” means the Immigration and Asylum Act 1999[^f00012];

• “the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995[^f00013];

• “the Quality, Improvement and Regulation Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003[^f00014];

• “the Tax Credits Act” means the Tax Credits Act 2002[^f00015];

• “the Taxes Act” means the Income and Corporation Taxes Act 1988[^f00016];

• “the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;

• “Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

• “adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights Order[^f00017];

• “adult disability payment” has the meaning given in regulation 2 of the Disability Assistance for Working Age People (Scotland) Regulations 2022;

• “amended determination” means a determination where the Executive is of the opinion that it has made an error (other than in the application of its professional judgement) in relation to a broad rental market area determination or a local housing allowance determination determined in accordance with regulation 3(2) of the Executive Determinations Regulations;

• “appropriate office” means an office of the Department dealing with state pension credit or employment and support allowance or an office which is normally open to the public for the receipt of claims for income support and jobseeker’s allowance;

• “approved blood scheme” means a scheme established or approved by the Secretary of State, or trust established with funds provided by the Secretary of State, for the purpose of providing compensation in respect of a person having been infected from contaminated blood products;

• “armed forces independence payment” means armed forces independence payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011;

• “assessment period” means such period as is prescribed in regulations 26 to 28 over which income falls to be calculated;

• “attendance allowance” means—an attendance allowance under Part III of the Act;an increase of disablement pension under section 104 or 105 of the Act;......a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983[^f00019] or any analogous payment; orany payment based on need for attendance which is paid as part of a war disablement pension;

• “basic rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);

• “the benefit Acts” means the Act, the Jobseekers Order, the Welfare Reform Act, the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011, the Pensions Act (Northern Ireland) 2015 and Part 5 of the 2015 Order;

• “benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;

• “broad rental market area” has the meaning specified in paragraph 4 of the Schedule to the Executive Determinations Regulations;

• “broad rental market area determination” means a determination made in accordance with regulation 3(1) of the Executive Determinations Regulations;

• “carer support payment” means the carer support payment component of carer support given in accordance with the Carer’s Assistance (Carer Support Payment) (Scotland) Regulations 2023;

• “the Caxton Foundation” means the charitable trust of that name established on 28th March 2011, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with its provisions;

• “change of dwelling” means, for the purposes of regulation 14C, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the Executive may make a rent allowance;

• “child” means a person under the age of 16;

• “child abuse payment” means a payment from a scheme established or approved by the Secretary of State for the purpose of providing compensation in respect of historic institutional child abuse in the United Kingdom;

• “child disability payment” has the meaning given in regulation 2 of the DACYP Regulations;

• “child tax credit” means a child tax credit under section 8 of the Tax Credits Act;

• “child who cannot share a bedroom” means a child— who is entitled to— the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; orthe care component of child disability payment at the highest or middle rate in accordance with regulation 11(5) of the DACYP Regulations; andwho the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;

• “claim” means a claim for housing benefit;

• “claimant” means a person claiming housing benefit;

• “close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

• “coercive behaviour” means an act of assault, humiliation or intimidation or other abuse that is used to harm, punish or frighten the victim;

• “competent authority” means a person who is a competent authority within the meaning of the Trafficking Convention;

• “compulsory labour”, “forced labour”, “servitude” and “slavery” have the same meaning as in Article 4 of the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4th November 1950 as it has effect for the time being in relation to the United Kingdom;

• ...

• “concessionary payment” means a payment made under arrangements made by the Department with the consent of the Department of Finance and Personnel which is charged either to the Northern Ireland National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the benefit Acts or the Tax Credits Act are charged;

• “the Consequential Provisions Regulations” means the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006[^f00021];

• “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;

• “contributory employment and support allowance” means an allowance under Part 1 of the Welfare Reform Act as amended by the provisions of Schedule 3, and Part 1 of Schedule 12, to the Welfare Reform (Northern Ireland) Order 2015 that remove references to an income-related allowance, and a contributory allowance under Part 1 of the Welfare Reform Act as that Part has effect apart from those provisions;

• “controlling behaviour” means an act designed to make a person subordinate or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance or escape or regulating their everyday behaviour;

• “converted employment and support allowance” means an employment and support allowance which is not income-related and to which a person is entitled as a result of a conversion decision within the meaning of the Employment and Support Allowance (Existing Awards) Regulations;

• “couple” means— two people who are married to, or civil partners of, each other and are members of the same household, ortwo people who are not married to, or civil partners of, each other but are living together as if spouses of each other;

• “course of study” has the meaning prescribed in regulation 50;

• “the DACYP Regulations” means the Disability Assistance for Children and Young People (Scotland) Regulations 2021;

• “date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 81;

• “the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00022];

• “designated office” means the office designated by the relevant authority for the receipt of claims to housing benefit—by notice upon or with a form approved by it for the purpose of claiming housing benefit;by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; orby any combination of the provisions set out in paragraphs (a) and (b);

• “disability living allowance” means a disability living allowance under section 71 of the Act[^f00023];

• “domestic violence” means any incident, or pattern of incidents, of controlling behaviour, coercive behaviour, violence or abuse, including but not limited to—psychological abuse;physical abuse;sexual abuse;emotional abuse;financial abuse,regardless of the gender or sexuality of the victim;

• “dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with—any agricultural land adjoining that dwelling; andany land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

• “earnings” has the meaning prescribed in regulation 32 or, as the case may be, 34;

• “the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

• “electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act;

• “eligible rates” is to be construed in accordance with regulation 12;

• “eligible rent” means, as the case may require, an eligible rent determined in accordance with— regulation 13A , 13AA, 13B or 13C; orregulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;

• “employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland either under a contract of service or in an office (including elective office) with general earnings and also includes a person who is in receipt of a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay or statutory maternity pay;

• “employment and support allowance” means an employment and support allowance within the meaning of Part 1 of the Welfare Reform Act;

• “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;

• “the Employment and Support Allowance (Existing Awards) Regulations” means the Employment and Support Allowance (Transitional Provisions and Housing Benefit) (Existing Awards) Regulations (Northern Ireland) 2010;

• “equity-sharing lease” means a lease of land, the general effect of which is to provide—that, in consideration for the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent; andthat the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor’s reversion in the premises demised;

• “the Executive” means the Northern Ireland Housing Executive;

• “the Executive Determinations Regulations” means the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008;

• “extended payment” means a payment of housing benefit payable pursuant to regulation 70;

• “extended payment period” means the period for which an extended payment is payable in accordance with regulation 70A or 71A;

• “extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 71;

• “family” has the meaning assigned to it by section 133(1) of the Act;

• “the former Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987[^f00024];

• “the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

• “Grenfell Tower payment” means a payment made for the purpose of providing compensation or support in respect of the fire on 14th June 2017 at Grenfell Tower;

• “a guaranteed income payment” means a payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005[^f00025];

• “health care professional” means a person who is a member of a profession regulated by a body mentioned in section 25(3) of the National Health Service Reform and Health Care Professions Act 2002;

• “Health and Social Services Board” means a Board established under Article 16 of the Health and Personal Social Services Order;

• “HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991[^f00026], by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994[^f00027];

• “the Horizon system” means any version of the computer system used by the Post Office known as Horizon, Horizon Legacy, Horizon Online or HNG-X;

• “hostel” means a building—in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both;which is—managed or owned by a registered housing association;operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency, the Executive or a Health and Social Services Board or HSS trust, ormanaged by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; andwhich is not—a residential care home;a nursing home;an independent hospital, oran Abbeyfield Home;

• “housing association” has the meaning assigned to it by Article 3 of the Housing (Northern Ireland) Order 1992[^f00028];

• “an income-based jobseeker’s allowance” has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order[^f00029];

• “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;

• “the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987[^f00030];

• “independent hospital” has the meaning assigned to it by Article 2(2) of the Quality, Improvement and Regulation Order;

• ...

• ...

• ...

• ...

• “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;

• “the Infected Blood Payment Scheme for Northern Ireland” means the scheme of that name administered by the Regional Business Services Organisation established under section 14 of the Health and Social Care (Reform) Act (Northern Ireland) 2009;

• “invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;