The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008

Explanatory Note

(This note is not part of the Regulations)

These Regulations relate to the introduction of local housing allowance arrangements in housing benefit.

The Regulations provide for the Northern Ireland Housing Executive to make broad rental market area determinations and local housing allowance determinations. The Regulations come into operation in advance of the provisions relating to local housing allowance in the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 so that determinations needed for the introduction of local housing allowance on 7th April 2008 can be made.

Section 129A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992, one of the enabling provisions under which these Regulations are made, was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (“the Welfare Reform Act”). Section 30(2) was brought into operation on 10th March 2008, for the purpose only of authorising the making of regulations, and on 7th April 2008, in so far as not already in operation, by virtue of the Welfare Reform (2007 Act) (Commencement No. 3) Order (Northern Ireland) 2008 (S.R. 2008 No. 93 (C. 3)). As these Regulations are consequential upon section 30(2) of the Welfare Reform Act and are made before the end of the period of 6 months of the coming into operation of that provision they are, accordingly, exempt, by virtue of section 150(5)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8), from prior reference to the Social Security Advisory Committee.