Welfare Reform Act (Northern Ireland) 2007

Section 32: supplemental N.I.

33—(1) The administration provisions apply in relation to housing benefit to which a person is entitled by virtue of subsection (2) of section 32 subject to—

(a) subsection (4) of that section;

(b) any prescribed modifications of those provisions which the Department thinks are necessary or expedient in connection with such housing benefit.

(2) In this section the administration provisions are—

(a) the Administration Act;

(b) any orders or regulations made in pursuance of that Act.

(3) The power to make regulations under this section or section 32 is exercisable by the Department.

(4) Regulations made under this section or section 32 shall be subject to negative resolution.

(5) Where a power under this section or section 32 to make regulations is expressed to be exercisable for alternative purposes it may be exercised in relation to the same case for any or all of those purposes.

(6) Any such power includes power—

(a) to make such incidental, supplementary, consequential, saving or transitional provision (including provision amending, repealing or revoking statutory provisions) as appears to the Department to be expedient; and

(b) to provide for a person to exercise a discretion in dealing with any matter.

(7) Any power to make regulations for the purposes of this section or section 32 is without prejudice to any power to make regulations for the purposes of any other statutory provision.

(8) Without prejudice to section 17(5) of the Interpretation Act (Northern Ireland) 1954 (c. 33), any power conferred by this section or section 32 includes power to make different provision for different areas.

(9) Regulations under this section or section 32 relating to housing benefit administered by the Department of Finance and Personnel shall not be made without the consent of that Department.

(10) Any power to make regulations under this section or section 32, where the power is not expressed to be exercisable with the consent of the Department of Finance and Personnel shall, if that Department so directs, be exercisable only in conjunction with it.

(11) In section 149 of the Administration Act (Social Security Advisory Committee) in subsection (5) in the definition of “the relevant enactments”, before paragraph (b) insert—

“(aj) sections 32 and 33 of the Welfare Reform Act (Northern Ireland) 2007;”.

(12) For the purposes of any statutory provision other than a relevant statutory provision entitlement to housing benefit by virtue of section 32(2) is to be treated as entitlement under section 129 of the Contributions and Benefits Act.

(13) In subsection (12), the relevant statutory provisions are—

(a) the administration provisions, and

(b) Part 7 of the Contributions and Benefits Act, except sections 122 and 130(2) and (3).

Commencement Information

I1 S. 33 wholly in operation at 6.10.2008; s. 33 not in operation at Royal Assent see s. 60(1); s. 33 in operation for certain purposes at 1.7.2008 and wholly in operation at 6.10.2008 by S.R. 2008/276, art. 2(1)