Reg. 3(2A) inserted (coming into operation in accordance with reg. 1 of the amending S.R.) by The Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2017 (S.R. 2017/144), regs. 1, 2(2)
Word in reg. 3(2A) substituted (30.1.2020) by The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2020 (S.R. 2020/14), regs. 1(1), 3(2)
Reg. 3(6)(b) substituted (31.1.2022) by The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment and Modification) Regulations (Northern Ireland) 2022 (S.R. 2022/15), regs. 1(1), 3
Reg. 3(8) inserted (2.4.2018) by The Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 (S.R. 2018/36), regs. 1, 2(2)(b)
Words in reg. 4(1) inserted (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 4(2)(a)(i)
Reg. 4(3A) inserted (30.3.2020) by The Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020/53), regs. 1(1), 4(2)(a)(ii)
Reg. 4 modified (6.4.2020) by The Social Security (Coronavirus) (Further Measures) Amendment Regulations (Northern Ireland) 2020 (S.R. 2020/61), regs. 1, 2(2)
S.R. 2016 No. 216.
S.R. 2008 No. 100.
These Regulations may be cited as the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 and come into operation immediately after the coming into operation of the Universal Credit Regulations (Northern Ireland) 2016.
In these Regulations—
“
“
“
“
“
“
“
“
“
“
a licence; and
a prospective tenancy or licence, and
references to a tenant or any other expression appropriate to a tenancy shall be construed accordingly;
“
“
“
For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954
Broad rental market area determinations taking effect on the day on which these regulations come into force are determined in accordance with paragraph (7) and all other broad rental market area determinations are determined in accordance with paragraphs (2) to (6).
The Executive, at such times as it considers appropriate and if the Department agrees, shall—
determine one or more broad rental market areas, and
in respect of that broad rental market area, or those broad rental market areas, give to the Department a notice which identifies the areas and the postcodes contained within the broad rental market area (or each of them).
The power in paragraph (2) is not limited by paragraph
A broad rental market area is an area within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.
A broad rental market area must contain—
residential premises of a variety of types, including such premises held on a variety of tenures, and
sufficient privately rented residential premises to ensure that, in the Executive's opinion, the local housing allowance for the categories of dwelling in the area for which the Executive is required to determine a local housing allowance is representative of the rents that a landlord might reasonably expect to obtain in that area.
Every part of Northern Ireland must fall within a broad rental market area and a broad rental market area must not overlap with another broad rental market area.
Any broad rental market area determination made in accordance with paragraph (2) shall take effect—
on the day the determination is made for the purpose of enabling the Executive to determine a local housing allowance for that area, and
for all other purposes on the next relevant Monday following the day on which the determination is made.
For broad rental market area determinations that take effect on the day on which these regulations come into force, the Executive must use the broad rental market area determinations in accordance with regulation 3 and the Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008
“Relevant Monday” has the same meaning as in regulation 4(4).
In 2017 and in each subsequent year, on the last working day of January
The Executive must notify the Department of the determination for each area.
Any local housing allowance determination made in accordance with paragraph (1) is to take effect—
in the case of a person with an existing universal credit entitlement—
on the relevant Monday where that is the first day of an assessment period for that person, or
where the relevant Monday is not the first day of an assessment period for that person, on the first day of the next assessment period following that, or
in any other case, on the relevant Monday.
The determinations made in accordance with paragraph (1) on 31st March 2020 shall take effect (under paragraph (3)) in place of the determinations made in accordance with paragraph (1) on the 31st January 2020.
For the purposes of this regulation—
“
“
“
Where the Executive has made a determination under regulation 3 or 4 (“the determination”) and it considers that there is an error in relation to that determination, the Executive must make a further determination (“a redetermination”).
The Executive must notify the Department of the redetermination.
Where the Executive makes a redetermination the Executive must do so in accordance with the provisions of these Regulations that applied to the determination and use the same information that was used for the determination except that, where the information used was incorrect or incomplete, the Executive must use the correct or complete information.
Any notice given by the Executive under these regulations may be given in writing or by electronic means unless the Department requests that notice is given in writing only.
Signed by authority of the Secretary of State for Work and Pensions