The Housing Benefit (Executive Determinations and Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 to provide for how the local housing allowance (“LHA”) rate will be calculated.

The amendments provide that the rate will be determined differently depending on the category of dwelling for which the rate is being determined and the broad rental market area in which the dwelling is situated.

The amendments insert a table into the Schedule. If the broad rental market area is listed in column 1 of that table then the LHA rate will depend on whether a category of dwelling is listed in column 2 of the table in relation to that broad rental market area.

If the category of dwelling is listed in column 2 of the table in relation to that broad rental market area, then the LHA rate will be the lower of either:

  • the previous LHA rate increased by 4 per cent; or

  • the maximum local housing allowance for that category of dwelling.

If the category of dwelling is not listed in column 2 of the table in relation to that broad rental market area, then the LHA rate will be the lower of either:

  • the rent at the 30th percentile of listed rents; or

  • the previous LHA rate increased by 1 per cent.

For all broad rental market areas not listed in column 1 of the table, the LHA rate will be the lower of the rent at the 30th percentile of listed rents or the previous LHA rate increased by 1 per cent.

They also provide that the determinations made by the Executive will be based on the list of market rents payable in the 12 month period ending on the 30th day of the September preceding the date of the determination and make consequential amendments and revocations.