The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006

Amendment of the Child Support (Maintenance Assessments and Special Cases) Regulations

3.—(1) The Child Support (Maintenance Assessments and Special Cases) Regulations (Northern Ireland) 1992(1) shall be amended in accordance with sub-paragraphs (2) to (6).

(2) In regulation 1(2) (interpretation)—

(a) for the definition of “Housing Benefit Regulations” substitute—

““Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006;

“Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006;”; and

(b) in paragraph (b) of the definition of “non-dependant”—

(i) for “regulation 3 of the Housing Benefit Regulations” substitute “regulation 3 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”; and

(ii) for “regulation 10 of those regulations” substitute “regulation 13 of either of those Regulations”.

(3) In regulation 11 (protected income)—

(a) in paragraph (1)(b)(2) for “regulation 63 of the Housing Benefit Regulations” substitute “regulation 72 of the Housing Benefit Regulations or, as the case may be, regulation 53 of the Housing Benefit (State Pension Credit) Regulations”; and

(b) in paragraph (6) for “regulation 9 of the Housing Benefit Regulations” substitute “regulation 12 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”.

(4) In regulation 15 (amount of housing costs)—

(a) in paragraph (2) for “regulations 10 and 69 of the Housing Benefit Regulations” substitute “regulations 13 and 78 of the Housing Benefit Regulations or, as the case may be, regulations 13 and 59 of the Housing Benefit (State Pension Credit) Regulations”; and

(b) in paragraph (5)(3) for “regulation 10 of the Housing Benefit Regulations” substitute “regulation 13 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”.

(5) In regulation 18(3) (excessive housing costs) for “regulation 10 of the Housing Benefit Regulations” substitute “regulation 13 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”.

(6) In Schedule 3 (eligible housing costs) in paragraph 6(4)—

(a) for sub-paragraphs (a) and (b) substitute—

“(a) where the costs are inclusive of ineligible service charges within the meaning of paragraph 1(a)(i) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, to the Housing Benefit (State Pension Credit) Regulations, the amounts specified as ineligible in paragraph 2 of the appropriate Schedule 1;

(b) where the costs are inclusive of any of the items mentioned in paragraph 6(2) of Schedule 1 to the Housing Benefit Regulations or, as the case may be, to the Housing Benefit (State Pension Credit) Regulations, the deductions prescribed in that paragraph unless the parent provides evidence on which the actual or approximate amount of the service charge for fuel may be estimated, in which case the estimated amount; and”; and

(b) in sub-paragraph (c) for “the Housing Benefit Regulations (housing costs)” substitute “the Housing Benefit Regulations or, as the case may be, to the Housing Benefit (State Pension Credit) Regulations”.

(1)

S.R. 1992 No. 341; relevant amending Regulations are S.R. 1995 Nos. 162 and 475. See also S.R. 2001 No. 18 as amended by S.R. 2003 No. 91

(2)

Paragraph (1)(b) was amended by regulation 9(7)(a)(ii) of S.R. 1995 No. 162 and regulation 4(5)(a)(i) of S.R. 1995 No. 475

(3)

Paragraph (5) was amended by regulation 4(6) of S.R. 1995 No. 475

(4)

Paragraph 6 was amended by regulation 4(9)(b) of S.R. 1995 No. 475