The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2017

Amendment to the Housing Benefit (Executive Determinations) Regulations

2.—(1) The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3(2) (broad rental market area determinations and local housing allowance determinations) after paragraph (1) insert—

“(1A) The power in paragraph (1) is not limited by paragraph 2(2A) or (2B) of the Schedule.”.

(3) In the Schedule (broad rental market area determinations and local housing allowance determinations)—

(a) in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) —

(i) before sub-paragraph (3)(3) insert—

“(2A) For a broad rental market area not listed in column 1 of the table in paragraph 5A, the local housing allowance for any category of dwelling is the lower of the amounts in sub-paragraph (3)(a) and (b).

(2B) For a broad market area listed in column 1 of the table in paragraph 5A, the local housing allowance—

(a) for a category of dwelling listed in the corresponding entry in column 2 of that table, is the lower of the amounts set out in sub-paragraph (3A)(a) and (b);

(b) for a category of dwelling not so listed, is the lower of the amounts set out in sub-paragraph (3)(a) and (b).”;

(ii) in sub-paragraph (3)—

(aa) for the words before paragraph (a) substitute “The amounts referred to in sub-paragraphs (2A) and (2B)(b) are—“;

(bb) at the end of paragraph (a), for “or” substitute “and”;

(cc) in paragraph (b), omit “, where that rent is lower than the allowance referred to in paragraph (a)”;

(iii) after sub-paragraph (3) insert—

“(3A) The amounts referred to in sub-paragraph (2B)(a) are—

(a) the local housing allowance determined for that category of dwelling on 30th January 2015 (or, where the determination is amended under regulation 14F of the Housing Benefit Regulations)(4)(amended determinations), the allowance provided for in the amended determination), plus 3%; and

(b) the maximum local housing allowance listed in column (2) of the following table for the category of dwelling—

(1) Category of dwelling as defined in the following paragraphs of this Schedule	(2) Maximum local housing allowance for that category of dwelling
Paragraph 1(1)(a) (one bedroom, shared accommodation)	£260.64
Paragraph 1(1)(b) (one bedroom, exclusive use)	£260.64
Paragraph 1(1)(c) (two bedrooms)	£302.33
Paragraph 1(1)(d) (three bedrooms)	£354.46
Paragraph 1(1)(e) (four bedrooms)	£417.02”

(b) after paragraph 5(5) insert—

“5A.   The table referred to in paragraph 2(2A) and (2B) is—

(1) Broad rental market area	(2) Category of dwelling as defined in the following paragraphs of this Schedule
BRMA1 – South	Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA1 – South	Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA1 – South	Paragraph 1(1)(e) (four bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA6 – South East	Paragraph 1(1)(e) (four bedrooms)
BRMA8 – Belfast	Paragraph 1(1)(e) (four bedrooms)”

(1)

S.R. 2008 No. 100; relevant amending Regulations are S.R. 2013 No.209, S.R. 2013 No. 303 and S.R. 2016 No.6

(2)

Paragraph (2A) was inserted by regulation 2(3)(b) of S.R. 2013 No.209

(3)

Sub-paragraph (3) was substituted by regulation 2(a)(ii) of S.R. 2016 No. 6

(4)

S.R. 2006 No. 405 regulation 14F was inserted by regulation 2(7) of S.R. 2008 No. 101

(5)

Paragraphs 4 and 5 were substituted for paragraph 4 by regulation 2(b) of S.R. 2008 No. 506