The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006

Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

3.—(1) The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006(1) shall be amended in accordance with paragraphs (2) to (4).

(2) In regulation 62 (time and manner in which claims are to be made)—

(a) in paragraph (2) before “Every claim” insert “Subject to paragraphs (5A) and (5B),”;

(b) in paragraph (5) after “claim” where it first occurs insert “in writing”; and

(c) after paragraph (5) insert—

“(5A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit a claim may be made by telephone to that telephone number.

(5B) A person who is making a claim for state pension credit in accordance with regulation 4C(6A) of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987(2) may make his claim for housing benefit to the Department.

(5C) The relevant authority may determine, in any particular case, that a claim made by telephone is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authority or the Department.

(5D) A claim made by telephone in accordance with paragraph (5A) or (5B) is defective unless the relevant authority or the Department, as the case may be, is provided during that telephone call with all the information the relevant authority requires to determine the claim.

(5E) Where a claim made by telephone in accordance with paragraph (5A) or (5B) is defective, the relevant authority is to provide the person making it with an opportunity to correct the defect.

(5F) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.”.

(3) In regulation 64(1) (amendment and withdrawal of claim) after “designated office” insert “, except where the claim was made by telephone in accordance with regulation 62(5A) or (5B) where the amendment may be made by telephone,”.

(4) In regulation 65(1) (duty to notify changes of circumstances) for “in writing to the designated office” substitute—

“to the designated office—

(a) in writing or, where the relevant authority has published a telephone number for the purposes of regulation 62, by telephone unless the authority determines, in any particular case, that notice must be in writing or may be given otherwise than in writing or by telephone; or

(b) in writing if in any class of case the relevant authority requires written notice unless the authority determines, in any particular case, that notice may be given otherwise than in writing.”.

(1)

S.R. 2006 No. 406

(2)

S.R. 1987 No. 465; regulation 4C was inserted by regulation 4(3) of S.R. 2003 No. 191 and paragraph (6A) was inserted by regulation 2(4)(c) of S.R. 2006 No. 168