The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007

Amendment of the Housing Benefit Regulations N.I.

9.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (13).

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

(a) omit the definition of “lower rate”; and

(b) after the definition of “sports award” insert—

““starting rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007(2) (see section 989 of that Act);”.

(3) In regulation 7(8) (circumstances in which a person is or is not to be treated as occupying a dwelling as his home)—

(a) for “Where a person” substitute “Where”;

(b) in sub-paragraph (a), at the beginning, insert “a person”;

(c) for sub-paragraph (b) substitute—

“(b) either—

(i) that person had claimed housing benefit before moving in and either no decision has yet been made on that claim or it has been refused but a further claim has been made or treated as made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home, or

(ii) that person notified the move to the new dwelling as a change of circumstances under regulation 84 before the move, or the move to the new dwelling was otherwise notified before the move under that regulation; and”; and

(d) for “he shall be treated” substitute “the person shall be treated”.

(4) In regulation 32(1) (earnings of employed earners) after sub-paragraph (g) insert—

“(gg) any payment or remuneration made under Article 60, 66, 96, 100 or 102 of the Employment Rights (Northern Ireland) Order 1996 (right to guarantee payments, remuneration on suspension on medical or maternity grounds, complaints to industrial tribunals);”.

(5) In regulation 33(6)(a) (calculation of net earnings of employed earners) for “lower rate”, in each place where it occurs, substitute “starting rate”.

(6) In regulation 36(1) (deduction of tax and contributions of self-employed earners) for “lower rate”, in each place where it occurs, substitute “starting rate”.

(7) In regulation 39 (notional income)—

(a) omit “or” at the end of paragraph 10(a);

(b) at the end of paragraph (10)(b)(ii) add—

“; or

(c) to a claimant who is participating in a work placement approved by the Department for Employment and Learning (or a person providing services to that Department) before the placement starts.

(10A) In paragraph (10)(c) “work placement” means practical work experience which is not undertaken in expectation of payment.”; and

(c) in paragraph (12)(a) for “lower rate”, in each place where it occurs, substitute “starting rate”.

(8) For regulation 44 (calculation of capital in the United Kingdom) substitute—

“Calculation of capital in the United Kingdom

44.   Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—

(a) where there would be expenses attributable to the sale, 10 per cent.; and

(b) the amount of any encumbrance secured on it.”.

(9) In regulation 77 (date on which change of circumstances is to take effect)—

(a) in paragraph (3) for “and (11)” substitute “to (12)”; and

(b) after paragraph (11) add—

“(12) 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.”.

(10) In Schedule 4 (applicable amounts)—

(a) in paragraph 4 for “8” substitute “9”;

(b) omit paragraph 8 and the preceding heading; and

(c) omit paragraph 20(1)(3).

(11) In Schedule 5 (sums to be disregarded in the calculation of earnings)—

(a) in paragraph 1—

(i) in sub-paragraph (a) after “earnings” insert “paid or due to be paid”, and

(ii) for sub-paragraphs (b) and (c) substitute—

“(b) where before the first day of entitlement to housing benefit the employment has been terminated otherwise than because of retirement, any earnings paid or due to be paid in respect of that employment except—

(i) any payment of the nature described in regulation 32(1)(e), or

(ii) any award, sum or payment of the nature described in—

(aa) regulation 32(1)(g), (h), or (j) (in so far as it relates to regulation 32(1)(g) or (h)), or

(bb) Article 66 or 102 of the Employment Rights (Northern Ireland) Order 1996(4) (guarantee payments and suspension from work: complaints to industrial tribunals),

including any payment made following the settlement of a complaint to an industrial tribunal or of court proceedings;

(c) where before the first day of entitlement to housing benefit—

(i) the employment had not been terminated, but

(ii) the claimant is not engaged in remunerative work,

any earnings paid or due to be paid in respect of that employment except any payment or remuneration of the nature described in regulation 32(1)(e), (i), (j) (in so far as it relates to regulation 32(1)(i)) or (k).”; and

(b) in paragraph 2—

(i) for “date of claim” substitute “first day of entitlement to housing benefit”;

(ii) after “earnings” where it first occurs insert “paid or due to be paid”;

(iii) in head) (i) for “earnings to which regulation 32(1)(e) applies” substitute “any payment of the nature described in regulation 32(1)(e)”, and

(iv) in head (ii) for “earnings to which regulation 32(1)(e), (i), (k) and (j) (in so far as it relates to regulation 32(1)(i)) applies” substitute “any payment or remuneration of the nature described in regulation 32(1)(e), (i), (j) (in so far as it relates to regulation 32(1)(i)) or (k)”.

(12) In Schedule 6 (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 12(1) at the end add “or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950(5)”;

(b) in paragraph 23 for sub-paragraphs (a) and (b)(6) substitute—

“(a) where the aggregate of any payments made in respect of any one week in respect of the occupation of the dwelling by that person or a member of his family, or by that person and a member of his family, is less than £20, the whole of that amount; or

(b) where the aggregate of any such payments is £20 or more per week, £20.”; and

(c) in paragraph 43 at the end add “or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977(7) (rate relief in respect of dwellings)”.

(13) In Schedule 7 (capital to be disregarded)—

(a) in paragraph 38 after “(reduction of liability for council tax)” insert “or reduction of liability for rates under Article 30A of the Rates (Northern Ireland) Order 1977 (rate relief in respect of dwellings)”; and

(b) in paragraph 50(1) at the end add “or a payment corresponding to such an education maintenance allowance made pursuant to section 3 of the Employment and Training Act (Northern Ireland) 1950”.

Commencement Information

I1 Reg. 9(1)-(11)(12)(c)(13)(a) in operation at 1.10.2007, see reg. 1(1)

I2 Reg. 9(12)(a) in operation at 7.4.2008, see reg. 1(2)

I3 Reg. 9(12)(b) in operation at 1.4.2008 in so far as not already in force, see reg. 1(4)

I4 Reg. 9(12)(b) in operation at 7.4.2008 for specified purposes, see reg. 1(4)

I5 Reg. 9(13)(b) in operation at 7.4.2008, see reg. 1(2)

(1)

S.R. 2006 No. 405; relevant amending Rule is S.R. 2007 No. 153

(2)

2007 c.3

(3)

The amount in paragraph 20(1) was amended by Schedule 7 to S.R. 2007 No. 153

(4)

S.I. 1996/1919 (N.I. 16)

(5)

1950 c.29 (N.I.); section 3 was amended by Article 16 of, and Part I of Schedule 4 to, the Social Security (Northern Ireland) Order 1980 (S.I. 1980/870 (N.I. 8)) and Article 35 of, and paragraph 1 of Schedule 3 to, the Industrial Training (Northern Ireland) Order 1984 (S.I. 1984/1159 (N.I. 9))

(6)

The amount in sub paragraph (b) was substituted by Article 19(9)(a) of S.R. 2007 No. 153

(7)

S.I. 1977/2157 (N.I. 28); Article 30A was inserted by Article 14 of the Rates (Amendment) (Northern Ireland) Order 2006 (S.I. 2006/2954 (N.I. 18))