The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2010

Amendment of the Housing Benefit Regulations N.I.

8.—(1) The Housing Benefit Regulations (Northern Ireland) 2006(1) are amended in accordance with paragraphs (2) to (10).

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

(a) after the definition of “maximum rent (LHA)”(2) insert—

““MFET Limited” means the company limited by guarantee (number 7121661) of that name, established for the purpose in particular of making payments in accordance with arrangements made with the Secretary of State to persons who have acquired HIV as a result of treatment by the NHS with blood or blood products;” and

(b) after the definition of “the Skipton Fund” insert—

““special account” means an account as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations or Chapter 5 of Part 10 of the Employment and Support Allowance Regulations;”.

(3) In—

(a) regulation 2(1) in the definition of “qualifying person”;

(b) regulation 39(7)(a)(3) (notional income);

(c) regulation 43(6)(4) (income treated as capital);

(d) regulation 46(4)(a)(5) (notional capital);

(e) regulation 72(9)(b)(6) (non-dependant deductions);

(f) regulation 82(4)(a)(ii) (evidence and information);

(g) Schedule 6 (sums to be disregarded in the calculation of income other than earnings), paragraph 37(1)(7) and (7); and

(h) Schedule 7 (capital to be disregarded), paragraph 25(1)(8) and (7),

after “Eileen Trust” insert “, MFET Limited”.

(4) In regulation 39(2)(c)(9) for “is aged under 60” substitute “has not attained the qualifying age for state pension credit”.

(5) In—

(a) regulation 39(7)(a);

(b) regulation 43(6);

(c) regulation 46(4)(a);

(d) regulation 72(9)(b) where it first occurs;

(e) regulation 82(4)(a)(ii);

(f) Schedule 6, paragraph 37(1) to (5); and

(g) Schedule 7, paragraphs 25(1) to (5) and 35(10),

after “under” insert “or by”.

(6) In regulation 43(7) omit “(as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations)”.

(7) In regulation 53(2A)(11) (full-time students to be treated as not liable to make payments in respect of a dwelling) after “begun” insert “, or been enrolled or accepted onto,”.

(8) In regulation 82(5)(12) for “is aged not less than 60” substitute “has attained the qualifying age for state pension credit”.

(9) In Schedule 6—

(a) in paragraph 13(1)(a) for “or severe disablement allowance” substitute “, severe disablement allowance or employment and support allowance”; and

(b) in paragraph 60(2) omit “as defined for the purposes of Chapter IVA of Part VIII of the Jobseeker’s Allowance Regulations”.

(10) In Schedule 7 in paragraph 35 after “the Fund” insert “, MFET Limited”.

Commencement Information

I1 Reg. 8(1)-(3)(5)-(7)(9)(10) in operation at 1.4.2010 in so far as not already in operation, see reg. 1(3)(a)

I2 Reg. 8(1)-(3)(5)-(7)(9)(10) in operation at 5.4.2010 for specified purposes, see reg. 1(3)(a)

I3 Reg. 8(4)(8) in operation at 6.4.2010, see reg. 1(1)

(1)

S.R. 2006 No. 405; relevant amending Regulations are S.R. 2007 Nos. 306 and 382, S.R. 2008 Nos. 101 and 428 and S.R. 2009 No. 92

(2)

The definition of “maximum rent (LHA)” was inserted by regulation 2(2)(f) of S.R. 2008 No. 101

(3)

Regulation 39(7)(a) was amended by regulation 6(3)(a) of S.R. 2008 No. 428

(4)

Regulation 43(6) was amended by regulation 6(3)(b) of S.R. 2008 No. 428

(5)

Regulation 46(4)(a) was amended by regulation 6(3)(c) of S.R. 2008 No. 428

(6)

Regulation 72(9)(b) was amended by regulation 6(3)(d) of S.R. 2008 No. 428

(7)

Paragraph 37(1) was amended by regulation 6(3)(f) of S.R. 2008 No. 428

(8)

Paragraph 25(1) was amended by regulation 6(3)(g) of S.R. 2008 No. 428

(9)

Regulation 39(2)(c) was amended by regulation 5(4)(a) of S.R. 2007 No. 306

(10)

Paragraph 35 was amended by Article 7(3) of S.R. 2007 No. 382 and regulation 6(7)(a) of S.R. 2008 No. 428

(11)

Paragraph (2A) was inserted by regulation 6(6)(b) of S.R. 2009 No. 92

(12)

Paragraph (5) was amended by regulation 5(6)(a) and (b) of S.R. 2007 No. 306