The Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003

PART 1 General

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003 and shall come into operation –

(a) for the purposes of Parts 1 and 3, on 16th June 2003, and

(b) for all other purposes on 6th October 2003 immediately after the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003(1).

(2) In these Regulations –

“the Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000;

“appropriate relevant authority” has the same meaning as in paragraph 4 of Schedule 7 to the Act;

“benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations as in force immediately before 6th October 2003;

“the Housing Benefit Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(2);

“the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002(3) –

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002, and

(3) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

PART 2 Amendment of Housing Benefit Regulations

Housing Benefit Regulations

2.—(1) The Housing Benefit Regulations shall have effect, except where paragraph (2) applies, in relation to any person who has attained the qualifying age for state pension credit, subject to the modifications or amendments set out in this Part.

(2) This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations(5), as the case may be.

Continuing payments where state pension credit claimed

3.  In regulation 62B of the Housing Benefit Regulations(6) (continuing payments where state pension credit claimed) –

(a) in paragraph (3) for “In” there shall be substituted “Subject to paragraph (3A), in”;

(b) after paragraph (3), there shall be inserted –

“(3A) Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3), and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.”, and

(c) in paragraph (4) after “in paragraph (3)” there shall be inserted “and any further period specified in paragraph (3A)”.

PART 3 Transitory Provisions

Transitory Provision

4.—(1) This regulation applies in the case of a claimant –

(a) who has attained the qualifying age for state pension credit on or before 6th October 2003, and

(b) whose benefit period is due to end in the period beginning on and including 16th June 2003 and ending on 5th October 2003.

(2) Where this regulation applies the appropriate relevant authority, where it considers it appropriate to do so and upon its own initiative, may make a decision under paragraph 4 of Schedule 7 to the Act (decisions superseding earlier decisions).

(3) Where the effect of the decision made in accordance with paragraph (2) is that the benefit period is to be extended, a decision to which paragraph (2) applies shall take effect on the day immediately after the day on which the benefit period would have expired but for the decision made in accordance with this regulation.

(4) Where this regulation applies and the appropriate relevant authority considers it appropriate to make a decision under paragraph (2), the provisions in regulation 72(13)(a) and (b) of the Housing Benefit Regulations(7) (time and manner in which claims are to be made) shall not apply.

Extension of benefit period

5.  Where regulation 4(1) applies regulation 66(3) of the Housing Benefit Regulations(8) (benefit period) shall have effect as if the reference to “60 benefit weeks” were a reference to “85 benefit weeks”.

PART 4 Consequential and Transitional Provisions

Application of this Part

6.—(1) This Part shall have effect, except where paragraph (2) applies, in relation to a person who has attained the qualifying age for state pension credit.

(2) This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations.

Amendment of regulation 2 of the Housing Benefit Regulations

7.  In regulation 2(1) of the Housing Benefit Regulations (interpretation) –

(a) the definition of “benefit period” shall be omitted,

(b) after the definition of “Preparation for Employment Programme for 50 plus”(9) there shall be inserted the following definition –

““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002 –

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;”.

Amendment of regulation 7 of the Housing Benefit Regulations

8.  In regulation 7(12) of the Housing Benefit Regulations(10) (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from “except” to the end of the paragraph shall be omitted.

Amendment of regulation 11 of the Housing Benefit Regulations

9.  In regulation 11(6) of the Housing Benefit Regulations(11) (maximum rent) –

(a) in sub-paragraph (b) for “benefit period” there shall be substituted “award of housing benefit”;

(b) for the words after sub-paragraph (b) there shall be substituted –

• “then –

  (i)

  the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the date that the Executive next makes a decision under regulation 10A (decisions), and

  (ii)

  the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the date that the Executive next makes a decision under regulation 10A.”.

Extended payments

10.  In regulation 62A of the Housing Benefit Regulations(12) (extended payments) after paragraph (5), there shall be inserted the following paragraph –

“(5A) Where a person attains the qualifying age for state pension credit during the period of an extended payment made to him or his partner under this regulation, paragraph (5)(b)(13) shall have effect as if –

(a) after “beneficiary” there were inserted “or his partner”; and

(b) for the words from “deemed to be” to the end of that sub-paragraph there were substituted “treated as having been made in respect of a period beginning immediately after the end of the benefit period.”.”.

Change of circumstances

11.  In regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) –

(a) in paragraph (1)(14) for “regulation 8(3) (eligible housing costs) or regulation 26” there shall be substituted “regulation 29”(15);

(b) at the beginning of paragraphs (2)(16), (3)(17) and (4)(18) there shall be inserted “Subject to paragraphs (13) and (14),”;

(c) after paragraph (12)(19) the following paragraphs shall be added –

“(13) Paragraph (14) applies where –

(a) a change of circumstances would, but for that paragraph, take effect in accordance with paragraph (2), (3)(a)(i) or (b) or (4) on a day that is not the first day of a benefit week, and

(b) the effect of that change of circumstances is to end entitlement to housing benefit.

(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

12.  Subject to regulation 19, in the Housing Benefit Regulations –

(a) in regulation 65(1)(20) (date on which entitlement is to commence) “regulation 72(11) to (13) (renewal claims) and” shall be omitted, and

(b) in regulation 72 (time and manner in which claims are to be made) paragraphs (11) to (13A)(21) shall be omitted.

Amendment of regulation 76 of the Housing Benefit Regulations

13.  Regulation 76(2)(d) of the Housing Benefit Regulations (who is to make a decision) shall be omitted.

Amendment of regulation 104 of the Housing Benefit Regulations

14.  Regulation 104(2) of the Housing Benefit Regulations(22) (sums to be deducted in calculating recoverable overpayments) shall be omitted.

Amendment of Schedule 1B to the Housing Benefit Regulations

15.—(1) Schedule 1B to the Housing Benefit Regulations(23) (excluded tenancies) shall be amended in accordance with the following paragraphs.

(2) For paragraph 2(2)(24) there shall be substituted –

“(2) For the purposes of any claim, notification, request or application (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to the Executive’s decision made in consequence of an earlier claim, notification, request or application (“the earlier application”) where –

(a) the earlier and later applications were made in respect of the same claimant or different claimants, and

(b) the earlier application was made more than 52 weeks before the later application was made.”.

(3) Paragraph 2(2A) shall be omitted.

Amendment of Schedule 6 to the Housing Benefit Regulations

16.  Paragraph 9(h)(25) of Schedule 6 to the Housing Benefit Regulations (awards where income support or state pension credit is payable) shall be omitted.

Minor and consequential amendments

17.—(1) In the provisions specified in paragraph (2), for the words “benefit period” wherever they occur, there shall be substituted the words “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 –

(a) regulation 11(12) and (13)(26) (maximum rent);

(b) regulation 70(2) (rent and rate-free periods), and

(c) regulation 75(1)(27) (duty to notify changes of circumstances).

(3) In regulation 70(2)(a) of the Housing Benefit Regulations (rent and rate-free periods) for the words “that period” in both places where they occur, there shall be substituted the words “that award”.

Transitional Provision

18.—(1) Paragraphs (2) and (3) apply in the case of a claimant whose, or whose partner's, benefit period ends before 6th October 2003.

(2) Where paragraph (1) applies, regulation 72(12) and (13)(28) of the Housing Benefit Regulations shall continue to have effect until 3rd November 2003.

(3) Where paragraph (1) applies and either –

(a) a claimant makes a claim for a further grant of housing benefit in accordance with regulation 72(12) of the Housing Benefit Regulations after 6th October 2003 but no later than 4 weeks after the end of the benefit period, or

(b) a relevant authority invites that claimant to make a claim for a further grant of housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations and following that invitation, a claim is received from that claimant after 6th October 2003 but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.

(4) Paragraphs (5) and (6) shall apply in the case of a claimant –

(a) whose, or whose partner's, benefit period ends before the claimant attains the qualifying age for state pension credit, and

(b) who attains the qualifying age for state pension credit no later than 4 weeks after the end of the benefit period.

(5) Where paragraph (4) applies, regulation 72(12) and (13) of the Housing Benefit Regulations shall continue to have effect until 4 weeks after the day on which the benefit period ends.

(6) Where paragraph (4) applies and either –

(a) a claimant makes a claim for a further grant of housing benefit in accordance with regulation 72(12) of the Housing Benefit Regulations after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period, or

(b) a relevant authority invites that claimant to make a claim for a further grant of housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations and, following that invitation, a claim is received from that claimant after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.

Transitional provision for rent decisions

19.—(1) Paragraph (2) applies where a claimant attains or has attained the qualifying age for state pension credit on or before 6th October 2003.

(2) If, on 6th October 2003, more than 52 weeks have elapsed since the relevant authority last made a decision in relation to that claimant’s or his partner's, claim for, or award of, housing benefit in accordance with regulation 10A of the Housing Benefit Regulations (decisions), the relevant authority shall make a decision in pursuance of regulation 10A of the Housing Benefit Regulations as soon as practicable after 6th October 2003.

(3) Paragraph (4) applies where a claimant attains the qualifying age for state pension credit on a date (“the qualifying date”) after 6th October 2003.

(4) If, on the qualifying date, more than 52 weeks have elapsed since the relevant authority last made a decision in relation to that claimant’s or his partner's, award of housing benefit in accordance with regulation 10A of the Housing Benefit Regulations (decisions), the relevant authority shall make a decision in pursuance of regulation 10A of the Housing Benefit Regulations as soon as is practicable after the qualifying date.

(5) An appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraphs (2) or (4) apply.

(6) Where an appropriate relevant authority makes a decision under paragraph (5) in consequence of paragraph (2) or (4) the decision shall take effect –

(a) in a case to which paragraph (2) applies, on 6th October 2003, and

(b) subject to paragraph (7), in a case to which paragraph (4) applies, on the qualifying date.

(7) Where an appropriate relevant authority makes a decision under paragraph (5) in consequence of paragraph (4) –

(a) in a case where entitlement to housing benefit ceases, and

(b) where the qualifying date is not the first day of the benefit week,

the decision shall take effect on the first day of the benefit week following the benefit week in which the qualifying date falls.

PART 5 Application and Amendment of Other Provisions

Amendment of regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations

20.  In regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996(29) (savings provisions) –

(a) after paragraph (5B)(30), there shall be inserted the following paragraphs –

“(5C) Subject to paragraph (5D), paragraphs (1) to (5A) above shall have effect where a claimant has attained the qualifying age for state pension credit as if any references to a benefit period were references to an award of housing benefit.

(5D) Paragraph (5C) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Principal Regulations.”;

(b) in paragraph (6), at the appropriate places, insert the following definitions –

““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002(31) –

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

“state pension credit” means state pension credit under the State Pension Credit Act 2002.”

Amendment of regulation 5 of the Housing Benefit (General) (Amendment No. 4) Regulations

21.  In regulation 5(32) of the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 1997(33) (savings) after paragraph (2AC)(34) there shall be inserted the following paragraphs –

“(2AD) Paragraph (2A) shall have effect where a claimant has attained the qualifying age for state pension credit as if the words “makes a further claim for housing benefit under regulation 72(11) and (13) of the principal Regulations, where he” were omitted;

(2AE) Paragraph (2AD) shall not apply if the claimant, or if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the principal Regulations(35).

(2AF) In this Regulation –

““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002) –

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;

“state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002.””.

Amendment of regulations 7 and 8 of the Housing Benefit (Decisions and Appeals) Regulations

22.—(1) In regulation 7(36) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(37) (decisions superseding earlier decisions) there shall be inserted the following paragraph –

“(2A) An appropriate relevant authority may, upon its own initiative, make a decision under paragraph 4 of Schedule 7 to the Act in any case to which regulation 10A of the Housing Benefit Regulations (decisions) applies where –

(a) 52 weeks have elapsed since it last made a decision under regulation 10A of the Housing Benefit Regulations in relation to the claim or award in question, or

(b) 52 weeks have elapsed since –

(i) a decision was made under sub-paragraph (a), or

(ii) a decision was made under this sub-paragraph,

whichever last occurred.”.

(2) In regulation 8 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(38) (date from which a decision superseding an earlier decision takes effect) after paragraph (10) there shall be inserted the following paragraphs –

“(11) Except in a case where entitlement to housing benefit ceases, where an appropriate relevant authority has made a decision in exercise of regulation 10A of the Housing Benefit Regulations, any decision to which regulation 7(2A) applies shall take effect from the first day following the last day of the period mentioned in regulation 7(2A)(a) or (b).”.

Sealed with the Official Seal of the Department for Social Development on 6th June 2003.

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 9th June 2003.

L.S.

Rodney Scott

Senior Officer of the

Department of Finance and Personnel