The Pensions (2015 Act) (Consequential, Supplementary and Incidental Amendments) Order (Northern Ireland) 2015

Amendment of the Housing Benefit (Decisions and Appeals) Regulations N.I.

16.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(1) are amended in accordance with paragraphs (2) to (4).

(2) After regulation 4(6D)(2) (revision of decisions) insert—

“(6DA) Where—

(a) a person chooses to be paid a state pension under section 9 of the Pensions Act (Northern Ireland) 2015 in accordance with section 8(2) of that Act;

(b) the relevant authority decides that the person or his partner is entitled to housing benefit and takes into account the state pension under section 9 of that Act in making or superseding that decision; and

(c) the person alters the person’s choice under section 8(2) of that Act in accordance with regulations made under section 8(7) of that Act,

the relevant authority may revise the housing benefit decision.

(6DB) Where—

(a) a person, in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015, which include provision corresponding or similar to section 8(2) of that Act, chooses to be paid a survivor’s pension based on inheritance of deferred graduated retirement benefit;

(b) the relevant authority decides that the person or his partner is entitled to housing benefit and takes into account the survivor’s pension mentioned in sub-paragraph (a) in making or superseding that decision; and

(c) the person alters the person’s choice to be paid the survivor’s pension mentioned in sub-paragraph (a) in accordance with Regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to regulations made under section 8(7) of that Act,

the relevant authority may revise the housing benefit decision.”.

(3) In regulation 7(2) (decisions superseding earlier decisions) after sub-paragraph (i)(3) insert—

“(ia) where—

(i) the claimant or his partner chooses to be paid a lump sum under section 8(2) of the Pensions Act (Northern Ireland) 2015, or fails to choose, and is entitled to a lump sum under section 8(4) of that Act; or

(ii) such a lump sum is repaid in consequence of a decision to alter that choice, being a decision made in accordance with regulations made under section 8(7) of that Act;

(ib) where—

(i) the claimant or his partner chooses to be paid a lump sum under regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to section 8(2) of that Act, or fails to choose, and is entitled to a lump sum under regulations made under section 10 of that Act which include provision corresponding or similar to section 8(4) of that Act; or

(ii) such a lump sum is repaid in consequence of a decision to alter that choice, being a decision made in accordance with regulations made under section 10 of the Pensions Act (Northern Ireland) 2015 which include provision corresponding or similar to regulations made under section 8(7) of that Act;”.

(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect), in paragraph (10A)(4) after “(2)(i),” insert “ (ia) or (ib),”.

Commencement Information

I1 Art. 16 in operation at 6.4.2016, see art. 1(b)

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2006 No. 104

(2)

Regulation 4(6D) was inserted by reg. 10(2) of S.R. 2006 No. 104

(3)

Sub-paragraph (i) was added by regulation 10(3) of S.R. 2006 No. 104

(4)

Paragraph (10A) was inserted by regulation 10(4) of S.R. 2006 No. 104