The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

Rent N.I.

13.—(1) Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home—

(a) payments of, or by way of, rent;

(b) payments in respect of a licence or permission to occupy the dwelling;

(c) payments by way of mesne profits;

(d) payments in respect of, or in consequence of, use and occupation of the dwelling;

(e) payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;

(f) mooring charges payable for a houseboat;

(g) where the home is a caravan or a mobile home, payments in respect of the site on which it stands; and

(h) payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid.

(2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—

(a) payments by an owner;

(b) payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; F1 ...

(c) payments by a person who is eligible for a rent rebate or allowance under a scheme operated by the Ministry of Defence; [F2 and

(d) payments by a person in respect of a dwelling where his partner is an owner of that dwelling.]

F3 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 [F4 (6A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this regulation [F5 , regulation 13A] and Schedule 1—

“service charges” means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling;

“services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling.

Textual Amendments

F1 Word in reg. 13(2)(b) omitted (1.10.2007) by virtue of The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/266), regs. 1(2), 4(3)(a)

F2 Reg. 13(2)(d) and word added (1.10.2007) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/266), regs. 1(2), 4(3)(b)

F3 Reg. 13(3)-(7) omitted (with application in accordance with reg. 1(3) (4) of the amending Rule) by virtue of The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(5)(a)

F4 Reg. 13(6A) inserted (2.4.2007) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/196), regs. 1(1), 8(3)(b)

F5 Words in reg. 13(8) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(5)(b)

Commencement Information

I1 Reg. 13 in operation at 20.11.2006, see reg. 1(1)