The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

Date on which change of circumstances is to take effect N.I.

57.—(1) Except in cases where regulation 32 [F1 applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and] the following provisions of this regulation, and to regulations 58 and 59(6), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(2) Subject to paragraph (10) [F2 and regulation 8(3) of the Decisions and Appeals Regulations] , where the change of circumstances is a change in the amount of rent or rates payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.

(3) Subject to paragraphs (10) [F3 to (11A)] , except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

(a) that a person moves into a new dwelling occupied as the home; or

(b) any other event which—

(i) entitles a person to be treated as occupying 2 dwellings as his home under regulation 7(6), or

(ii) brings to an end a person’s right to be treated as occupying 2 dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying 2 dwellings as his home,

that change of circumstances shall take effect on the day on which it actually occurs.

(4) Subject to paragraph (10), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 7(6), for which a person can be treated as occupying 2 dwellings as his home, that change shall take effect on the day after the last day of that period.

(5) Subject to paragraph (10), where the change of circumstances is an amendment to these Regulations that change, subject to regulation 59(6), shall take effect as follows—

(a) where the amendment is made by an order under section 132 of the Administration Act(1) (annual up-rating of benefits)—

(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 59(2)(b) or (c), from 1st April;

(ii) in any other case, from the first Monday in April,

in the year in which that order comes into operation;

(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.

(6) Subject to paragraph (10), if 2 or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (3) or (4) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.

(7) Where, during a benefit week commencing on the first Monday in April—

(a) a change of circumstances takes effect in accordance with paragraph (5)(a)(ii);

(b) one or more changes of circumstances occur to which paragraph (1) applies; and

(c) no other change of circumstances occurs to which this regulation applies,

any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.

(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(10) Subject to paragraph (11), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, F4 ...in which case that change shall take effect on the day on which it actually occurs.

(11) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as [F5 occupying] the former dwelling in accordance with whichever of those regulations applies in his case.

[F6 (11A) Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.]

(12) Paragraph (13) applies if—

(a) the claimant or his partner has attained the age of 65; and

(b) either—

(i) a non-dependant took up residence in the claimant’s dwelling, or

(ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 53 increased.

(13) Where this paragraph applies, the change of circumstances referred to in paragraph (12)(b) shall take effect from the effective date.

(14) In paragraph (13) but subject to paragraph (15), “the effective date” means—

(a) where more than one change of a kind referred to in paragraph (12)(b) relating to the same non-dependant has occurred since—

(i) the date on which the claimant’s entitlement to housing benefit first began, or

(ii) the date which was the last effective date in respect of such a change,

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;

(b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (12)(b) occurred.

(15) If in any particular case the date determined under paragraph (14) is not the first day of a benefit week, the effective date in that case shall be the first day of the next benefit week to commence after the date determined under that paragraph.

Textual Amendments

F1 Words in reg. 57(1) substituted (24.9.2007) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007 (S.R. 2007/392), regs. 1, 5(a)

F2 Words in reg. 57(2) substituted (24.9.2007) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007 (S.R. 2007/392), regs. 1, 5(b)

F3 Words in reg. 57(3) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(7)(a)

F4 Words in reg. 57(10) omitted (1.4.2007) by virtue of The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/121), regs. 1(1), 3(3)

F5 Word in reg. 57(11) substituted (30.10.2008) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2008 (S.R. 2008/417), regs. 1, 6

F6 Reg. 57(11A) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(7)(b)

Commencement Information

I1 Reg. 57 in operation at 20.11.2006, see reg. 1(1)

(1)

Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)