The Housing Benefit Regulations (Northern Ireland) 2006

Prospective

Regulation 86

SCHEDULE 10 N.I. Matters to be included in decision notice

PART I N.I. General

1.  The statement of matters to be included in any decision notice issued by a relevant authority to a person, and referred to in regulation 86 and in regulation 10 of the Decisions and Appeals Regulations are those matters set out in the following provisions of this Schedule. N.I.

Commencement Information

I1 Sch. 10 para. 1 in operation at 20.11.2006, see reg. 1(1)

2.  Every decision notice shall include a statement as to the right of any person affected by that decision to request a written statement under regulation 86(2) and the manner and time in which to do so. N.I.

Commencement Information

I2 Sch. 10 para. 2 in operation at 20.11.2006, see reg. 1(1)

3.  Every decision notice shall include a statement as to the right of any person affected by that decision to make an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations and, where appropriate, to appeal against that decision and the manner and time in which to do so. N.I.

Commencement Information

I3 Sch. 10 para. 3 in operation at 20.11.2006, see reg. 1(1)

4.  Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall include a statement as to whether the original decision in respect of which the person made his representations has been confirmed or revised and where the relevant authority has not revised the decision the reasons why not. N.I.

Commencement Information

I4 Sch. 10 para. 4 in operation at 20.11.2006, see reg. 1(1)

5.  Every decision notice following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations shall, if the original decision has been revised, include a statement as to the right of any person affected by that decision to apply for a revision in accordance with regulation 4(1)(a) of those Regulations and the manner and time in which to do so. N.I.

Commencement Information

I5 Sch. 10 para. 5 in operation at 20.11.2006, see reg. 1(1)

6.  An authority may include in the decision notice any other matters not prescribed by this Schedule which it sees fit, whether expressly or by reference to some other document available without charge to the person. N.I.

Commencement Information

I6 Sch. 10 para. 6 in operation at 20.11.2006, see reg. 1(1)

7.  Parts II, III and VI shall apply only to the decision notice given on a claim. N.I.

Commencement Information

I7 Sch. 10 para. 7 in operation at 20.11.2006, see reg. 1(1)

8.  Where a decision notice is given following a revision of an earlier decision— N.I.

(a) made of the authority’s own motion which results in a revision of that earlier decision; or

(b) made following an application for a revision in accordance with regulation 4(1)(a) of the Decisions and Appeals Regulations, whether or not resulting in a revision of that earlier decision,

that notice shall, subject to paragraph 6, contain a statement only as to all the matters revised.

Commencement Information

I8 Sch. 10 para. 8 in operation at 20.11.2006, see reg. 1(1)

PART II N.I. Awards where income support or an income-based jobseeker’s allowance is payable

9.  Where a person on income support or an income-based jobseeker’s allowance is awarded housing benefit, the decision notice shall include a statement as to— N.I.

(a) his weekly eligible rates, if any;

(b) his weekly eligible rent, if any;

(c) the amount and an explanation of any deduction made under paragraph 6(2) or (3) of Schedule 1, if any, and that the deduction may be varied if he provides to the authority evidence on which it may estimate the actual or approximate amount of that service charge;

(d) the amount of and the category of non-dependant deductions made under regulation 72, if any;

(e) the normal weekly amount of rent allowance, or rent rebate or rate rebate, as the case may be, to which he is entitled;

(f) in the case of a rent allowance and a rate rebate paid as if it were a rent allowance, the day of payment, and the period in respect of which payment of that allowance is to be made;

(g) the first day of entitlement to an allowance or rebate; and

(h) his duty to notify any change of circumstances which might affect his entitlement to, or the amount of, housing benefit and (without prejudice to the extent of the duty owed under regulation 84) the kind of change of circumstances which is to be notified, either upon the notice or by reference to some other document available to him on application and without charge.

Commencement Information

I9 Sch. 10 para. 9 in operation at 20.11.2006, see reg. 1(1)

PART III N.I. Awards where no income support or an income-based jobseeker’s allowance is payable

10.  Where a person is not on income support or on an income-based jobseeker’s allowance but is awarded housing benefit, the decision notice shall include a statement as to— N.I.

(a) the matters set out in paragraph 9;

(b) his applicable amount and how it is calculated;

(c) his weekly earnings; and

(d) his weekly income other than earnings.

Commencement Information

I10 Sch. 10 para. 10 in operation at 20.11.2006, see reg. 1(1)

PART IV N.I. Awards where direct payments made to landlords

11.  Where a decision has been made under regulation 92 or 93, the decision notice shall include a statement— N.I.

(a) as to the amount of housing benefit which is to be paid direct to the landlord and the date from which it is to be paid; and

(b) informing the landlord of the duty imposed upon him to notify the Executive of—

(i) any change in circumstances which might affect the claimant’s entitlement to housing benefit, or the amount of housing benefit payable in his case, and

(ii) the kind of change of circumstances which is to be notified;

(c) informing both landlords and claimants that where a payment of housing benefit is recoverable from a landlord and the recovery is made from housing benefit payable to the landlord to discharge (in whole or in part) an obligation owed to him by a claimant, then, in a case where that claimant is not the person on whose behalf the recoverable amount was paid, that obligation shall nonetheless be taken to be discharged by the amount so recovered,

and the notice shall be sent both to the claimant and to the landlord.

Commencement Information

I11 Sch. 10 para. 11 in operation at 20.11.2006, see reg. 1(1)

12.  In this Schedule, “ landlord” has the same meaning as in regulation 92. N.I.

Commencement Information

I12 Sch. 10 para. 12 in operation at 20.11.2006, see reg. 1(1)

PART V N.I. Notice where income of non-dependant is treated as claimant’s

13.  Where an authority makes a decision under regulation 23 the decision notice shall contain a statement as to— N.I.

(a) the fact that a decision has been made by reference to the income and capital of the claimant’s non-dependant; and

(b) the relevant authority’s reasons for making that decision.

Commencement Information

I13 Sch. 10 para. 13 in operation at 20.11.2006, see reg. 1(1)

PART VI N.I. Notice where no award is made

14.  Where a person is not awarded housing benefit— N.I.

(a) either on grounds of income or because the amount of any housing benefit is less than the minimum housing benefit prescribed by regulation 73, the decision notice shall include a statement as to—

(i) the matters set out in paragraph 9(a) to (d), and in a case where the amount of entitlement is less than the minimum amount of housing benefit prescribed, paragraph 9(e) also;

(ii) the matters set out in paragraph 10(b) to (d) where the person is not on income support or an income-based jobseeker’s allowance, and

(iii) where the amount of entitlement is less than the minimum amount of housing benefit prescribed, that fact and that such entitlement is not payable;

(b) for any reason other than one mentioned in sub-paragraph (a), the decision notice shall include a statement as to the reason why no award has been made.

Commencement Information

I14 Sch. 10 para. 14 in operation at 20.11.2006, see reg. 1(1)

PART VII N.I. Notice where recoverable overpayment

15.—(1) Where the appropriate authority makes a decision that there is a recoverable overpayment within the meaning of regulation 97, the decision notice shall include a statement as to— N.I.

(a) the fact that there is a recoverable overpayment;

(b) the reason why there is a recoverable overpayment;

(c) the amount of the recoverable overpayment;

(d) how the amount of the recoverable overpayment was calculated;

(e) the benefit weeks to which the recoverable overpayment relates; and

(f) where recovery of the recoverable overpayment is to be made by deduction from a rent allowance or rebate or rate rebate, as the case may be, that fact and the amount of the deduction.

(2) In a case where it is—

(a) determined that there is a recoverable overpayment;

(b) determined that that overpayment is recoverable from a landlord; and

(c) decided that recovery of that overpayment is to be made by deduction from a rent allowance paid to that landlord to discharge (in whole or in part) an obligation owed to him by a claimant (“claimant A”), not being the claimant on whose behalf the recoverable amount was paid,

the decision notice sent to that landlord shall identify both—

(i) the person on whose behalf the recoverable amount was paid to that landlord, and

(ii) claimant A.

Commencement Information

I15 Sch. 10 para. 15 in operation at 20.11.2006, see reg. 1(1)

PART VIII N.I. Notice following a decision on a work-focused interview

16.—(1) This Part applies in a case where a decision has been made in accordance with regulation 10 of the Social Security (Work-focused Interviews) Regulations (Northern Ireland) 2003(1) that a person has failed to take part in a work-focused interview. N.I.

(2) In a case where one of the consequences specified in sub-paragraphs (3) and (4) apply, the decision notice shall include a statement as to the person’s right of appeal against the decision that he failed to take part in a work-focused interview.

(3) In a case where the consequence of the failure to take part is that the entitlement to housing benefit terminates, the decision notice shall include a statement as to—

(a) the last date of the entitlement to housing benefit;

(b) the reason entitlement terminated.

(4) In a case where the consequence of the failure to take part is that the amount of housing benefit payable is reduced, the decision notice shall include a statement as to—

(a) the amount by which the housing benefit is reduced;

(b) the date from which the reduction takes effect; and

(c) the reason for the reduction.

(5) In a case where a new decision is made reversing an earlier decision that a person failed to take part in a work-focused interview, the decision notice shall include a statement as to—

(a) the date from which the consequences of the failure cease to apply; and

(b) the reason for the new decision.

Commencement Information

I16 Sch. 10 para. 16 in operation at 20.11.2006, see reg. 1(1)

(1)

S.R. 2003 No. 274