The Housing Benefit Regulations (Northern Ireland) 2006

Prospective

PART II N.I. Calculation and payment of an extended payment

3.—(1) Subject to the following provisions of this paragraph and except in the case of a mover, the amount of the extended payment shall be equal to the amount of housing benefit which was payable to the claimant for the last benefit week before he ceased to be entitled to housing benefit. N.I.

(2) In a case where the last benefit week referred to in sub-paragraph (1) fell, in whole or in part, within a rent and rate-free period, the last benefit week for the purposes of that sub-paragraph shall be taken to be the last benefit week that did not fall within a rent and rate-free period.

(3) Where the last benefit week before he ceased to be entitled to housing benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 78(4)(c), sub-paragraph (1) shall have effect as if the reference to the last benefit week before he ceased to be entitled to housing benefit was a reference to the week before that week.

(4) Subject to sub-paragraph (5) the extended payment shall be payable for each of the weeks in the period specified in regulation 70(6), and shall be paid at such time and in such manner as is appropriate, having regard to—

(a) the times at which and the frequency with which a person’s liability to make payment of rent or rates arises; and

(b) the reasonable needs and convenience of the person entitled thereto.

(5) No extended payment shall be payable for a week which is a rent and rate-free period for the purposes of regulation 79(1).

Commencement Information

I1 Sch. 8 para. 3 in operation at 20.11.2006, see reg. 1(1)

Movers N.I.

4.  Paragraphs 5 to 7 below apply to movers from—

(a) the day the move takes place where that day is a Monday; or

(b) from the Monday following the day the move takes place where that day is not a Monday.

Commencement Information

I2 Sch. 8 para. 4 in operation at 20.11.2006, see reg. 1(1)

Movers and rent allowances N.I.

5.—(1) Subject to sub-paragraph (2), in the case of a mover whose housing benefit was in the form of a rent allowance, the Executive shall make an extended payment to that mover calculated on the same basis as in paragraph 3 and, for these purposes, the mover shall be treated as continuing to occupy and be liable to make payments in respect of the dwelling he was occupying as his home immediately before he ceased to be entitled to housing benefit.

(2) Notwithstanding sub-paragraph (1), in a case where that mover’s liability to make payments in respect of the second dwelling would be to the Executive, any extended payment shall be determined as provided in paragraph 7(b).

Commencement Information

I3 Sch. 8 para. 5 in operation at 20.11.2006, see reg. 1(1)

Movers and rent and rate rebates N.I.

6.  Where, in a case of a mover—

(a) his housing benefit was in the form of a rent and rate rebate; and

(b) he claims an extended payment,

the Executive shall, upon receiving the mover’s claim for an extended payment, which meets the requirements of regulation 70(1), make an extended payment, calculated in accordance with paragraph 7, to that mover.

Commencement Information

I4 Sch. 8 para. 6 in operation at 20.11.2006, see reg. 1(1)

Movers and extended payments N.I.

7.  In a case to which paragraph 5(2) or 6 applies and a mover’s liability referred to in that paragraph is—

(a) other than to the Executive, the extended payment shall be a payment by way of rent allowance calculated in accordance with paragraph 3;

(b) to the Executive, the extended payment shall be by way of a rent and rate rebate to the value of such part of the rent and rates in respect of the period specified in regulation 70(6) as is eligible for housing benefit, calculated in accordance with regulations 11 to 14, less, in a case where the rebate to which paragraph 6 refers, or the rent allowance to which paragraph 5 refers, as the case may be, was subject to any deductions in respect of non-dependants pursuant to regulations 68 and 72, the amount of those deductions.

Commencement Information

I5 Sch. 8 para. 7 in operation at 20.11.2006, see reg. 1(1)

Maximum Housing Benefit N.I.

8.  In a case to which paragraph 7(b) or 9 applies the maximum housing benefit of a mover shall be calculated in accordance with regulation 68, save that no deduction shall be made in respect of non-dependants, other than any that fall to be taken into account pursuant to those paragraphs.

Commencement Information

I6 Sch. 8 para. 8 in operation at 20.11.2006, see reg. 1(1)

Movers and rates rebate N.I.

9.  In the case of a mover whose housing benefit was in the form of a rate rebate only the extended payment shall be by way of a discharge to the value of such part of the liability to rates for the period specified in regulation 70(6)(a), less, in a case where the rebate to which paragraph 3 refers was subject to any deductions in respect of non-dependants pursuant to regulations 68(b) and 72, the amount of those deductions.

Commencement Information

I7 Sch. 8 para. 9 in operation at 20.11.2006, see reg. 1(1)

Movers with 2 homes N.I.

10.  Subject to Part III, any extended payment under this Part shall be without prejudice to any entitlement the claimant may have pursuant to regulation 7(6).

Commencement Information

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