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

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

7.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(1) shall be amended in accordance with sub-paragraphs (2) to (7).

(2) In regulation 1(2) (interpretation) 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;”.

(3) In regulation 3(1) (person treated as a person affected by a decision) for sub-paragraphs (c) to (e) substitute—

“(c) a person appointed by the relevant authority under regulation 80(3) of the Housing Benefit Regulations or, as the case may be, regulation 61(3) of the Housing Benefit (State Pension Credit) Regulations (who may claim);

(d) a person from whom the relevant authority determines that an overpayment is recoverable in accordance with Part XIII of the Housing Benefit Regulations or, as the case may be, Part XII of the Housing Benefit (State Pension Credit) Regulations; or

(e) a landlord or agent acting on behalf of that landlord and that decision is made under—

(i) regulation 92 or 93 of the Housing Benefit Regulations (circumstances in which payment is or may be made to a landlord or the Department of Finance and Personnel), or

(ii) regulation 73 or 74 of the Housing Benefit (State Pension Credit) Regulations (circumstances in which payment is or may be made to a landlord or the Department of Finance and Personnel).”.

(4) In regulation 7 (decisions superseding earlier decisions)—

(a) in paragraph (2ZA)(2) for “regulation 10A of the Housing Benefit Regulations” substitute “regulation 15 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”; and

(b) in paragraph (3) for “regulation 75(2) of the Housing Benefit Regulations” substitute “regulation 84(2) of the Housing Benefit Regulations or, as the case may be, regulation 65(2) of the Housing Benefit (State Pension Credit) Regulations”.

(5) In regulation 8 (date from which a decision superseding an earlier decision takes effect)—

(a) in paragraph (2)(3) for “in accordance with” to the end substitute—

“in accordance with—

(a) regulation 77 of the Housing Benefit Regulations; or

(b) regulation 57 or 58 of the Housing Benefit (State Pension Credit) Regulations,

as the case may be.”;

(b) in paragraph (3)(a)(4) for “regulation 68A or 68B of the Housing Benefit Regulations” substitute “regulation 58 of the Housing Benefit (State Pension Credit) Regulations”; and

(c) in paragraph (6A)(5) for “regulation 10A of the Housing Benefit Regulations” substitute “regulation 15 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”.

(6) In regulation 13(2)(c) (suspension for failure to furnish information etc.) for “regulation 73 of the Housing Benefit Regulations” substitute “regulation 82 of the Housing Benefit Regulations or, as the case may be, regulation 63 of the Housing Benefit (State Pension Credit) Regulations”.

(7) In the Schedule (decisions against which no appeal lies)—

(a) in paragraph 1—

(i) for “regulation 10A” substitute “regulation 15”, and

(ii) for sub-paragraphs (a) to (h)(6) substitute—

“(a) regulation 81 (time and manner in which claims are to be made);

(b) regulation 90(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c) regulation 92 (circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel);

(d) regulation 93 (circumstances in which payment may be made to a landlord or the Department of Finance and Personnel);

(e) regulation 97 (recoverable overpayments);

(f) regulation 98 (person from whom recovery may be sought);

(g) regulation 100 (diminution of capital); or

(h) regulation 101 (sums to be deducted in calculating recoverable overpayments).”;

(b) after paragraph 1 insert—

“1A.   No appeal shall lie against a decision made by virtue of, or as a consequence of, any of the provisions in regulation 15 (decisions), Part IX (claims), Part XI (payments) and Part XII (overpayments) of the Housing Benefit (State Pension Credit) Regulations except a decision under—

(a) regulation 62 (time and manner in which claims are to be made);

(b) regulation 71(3) (adjustments to payments to take account of underpayment or overpayment on account of rent allowance);

(c) regulation 73 (circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel);

(d) regulation 74 (circumstances in which payment may be made to a landlord or the Department of Finance and Personnel);

(e) regulation 78 (recoverable overpayments);

(f) regulation 79 (person from whom recovery may be sought);

(g) regulation 81 (diminution of capital); or

(h) regulation 82 (sums to be deducted in calculating recoverable overpayments).”;

(c) in paragraph 2 for “paragraph 1(f)” substitute “paragraphs 1(f) and 1A(f)”; and

(d) in paragraph 5(7) for “regulation 23(1)” to the end substitute “regulation 25(1) of the Housing Benefit (State Pension Credit) Regulations (calculation of claimant’s income and capital in savings credit only cases).”.

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 Nos. 197 and 312 and S.R. 2004 Nos. 144 and 516

(2)

Paragraph (2ZA) was inserted by regulation 31(1) of S.R. 2004 No. 144

(3)

Paragraph (2) was amended by regulation 19(2)(a) of S.R. 2003 No.197

(4)

Paragraph (3)(a) was amended by regulation 19(2)(b) of S.R. 2003 No.197

(5)

Paragraph (6A) was inserted by regulation 31(2) of S.R. 2004 No. 144

(6)

Sub-paragraph (a) was substituted by regulation 4(4) of S.R. 2004 No. 516

(7)

Paragraph 5 was added by regulation 3 of S.R. 2003 No. 312