The Housing Benefit (General) (Amendment No. 5) Regulations (Northern Ireland) 1996

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (General) (Amendment No. 5) Regulations (Northern Ireland) 1996 and shall come into operation on 15th October 1996.

(2) In these Regulations “the principal Regulations” means the Housing Benefit (General) Regulations (Northern Ireland) 1987(1).

(3) The Interpretation Act (Northern Ireland) 1954(2) shall apply to these Regulations as it applies to a Measure of the Northern Ireland Assembly.

Amendment of regulation 7A of the principal Regulations

2.  In regulation 7A of the principal Regulations (persons from abroad)(3)—

(a) in paragraph (1) at the end there shall be added “but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 7B (entitlement of a refugee to housing benefit) and Schedule A1 (treatment of claims for housing benefit by refugees) apply(4)”;

(b) in paragraph (4)(e) for head (ii) there shall be substituted the following head—

“(ii) a refugee;”;

(c) in paragraph (7) at the end there shall be added the following definition—

• ““refugee” in this regulation, regulation 7B and Schedule A1, means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees(5).”.

Insertion of regulation 7B into the principal Regulations

3.  After regulation 7A of the principal Regulations (persons from abroad) there shall be inserted the following regulation—

“Entitlement of a refugee to housing benefit

7B.   Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to housing benefit for the relevant period which applies in his case in accordance with Schedule A1 (treatment of claims for housing benefit by refugees), but that entitlement is—

(a) subject to the provisions of Schedule A1, and

(b) with respect to regulations 10 (rent) and 11 (maximum rent), subject to regulation 16(5A) of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 (savings provision)(6).”.

Amendment of Schedule 4 to the principal Regulations

4.  In Schedule 4 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—

(a) in paragraph 54(7) at the end there shall be added—

• “including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit)(8)”;

(b) after paragraph 61(9) there shall be added the following paragraphs—

“62.   Any amount of housing benefit to which a person is entitled by virtue of regulation 7B (entitlement of a refugee to housing benefit).

63.   Any amount of income support to which a person is entitled by virtue of regulation 21A of the Income Support (General) Regulations (Northern Ireland) 1987 (treatment of refugees)(10).”.

Amendment of Schedule 5 to the principal Regulations

5.  In Schedule 5 to the principal Regulations (capital to be disregarded)—

(a) in paragraph 44(11) at the end there shall be added—

• “, including any amount of council tax benefit to which a person is entitled by virtue of regulation 4D of the Council Tax Benefit (General) Regulations 1992 (entitlement of a refugee to council tax benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation”;

(b) after paragraph 47(12) the following paragraphs shall be added—

“48.   Any amount of housing benefit to which a person is entitled by virtue of regulation 7B (entitlement of a refugee to housing benefit) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.

49.   Any amount of income support to which a person is entitled by virtue of regulation 21A of the Income Support (General) Regulations (Northern Ireland) 1987 (treatment of refugees) but only for a period of 52 weeks from the date that such an amount is received pursuant to that regulation.”.

Insertion of Schedule A1 into the principal Regulations

6.  Before Schedule 1 to the principal Regulations (ineligible service charges) there shall be inserted Schedule A1 (treatment of claims for housing benefit by refugees) which is set out in the Schedule to these Regulations.

Consequential amendments to the principal Regulations

7.  The principal Regulations shall be further amended in accordance with paragraphs (a) to (g)—

(a) in regulation 16 (applicable amounts) for the words from “and 70” to “periods)” there shall be substituted “, 70 and Schedule A1 (polygamous marriages, patients, calculation of weekly amounts, rent and rate-free periods and treatment of claims for housing benefit by refugees)”;

(b) in regulation 17 (polygamous marriages) for the words from “and 70” to “periods)” there shall be substituted “, 70 and Schedule A1 (patients, calculation of weekly amounts, rent and rate-free periods and treatment of claims for housing benefit by refugees)”;

(c) in regulation 18(1) (patients) for the words from “and 70” to “periods)” there shall be substituted “, 70 and Schedule A1 (calculation of weekly amounts, rent and rate-free periods and treatment of claims for housing benefit by refugees)”;

(d) in regulation 72(1) (time and manner in which claims are to be made) at the end there shall be added “or paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees)”;

(e) in regulation 73(1) (evidence and information)(13) at the beginning there shall be inserted “Subject to paragraph 5 of Schedule A1 (treatment of claims for housing benefit by refugees),”;

(f) in regulation 76(2) (who is to make a determination)—

(i) in sub-paragraph (a) at the end there shall be added “or paragraph 1 of Schedule A1 (treatment of claims for housing benefit by refugees)”;

(ii) in sub-paragraph (b) after “regulation 73 (evidence and information)” there shall be inserted “or paragraph 5 of Schedule A1”;

(g) in regulations 93 and 94 (circumstances in which payment is or may be made to a landlord or the Department of the Environment) at the beginning there shall be inserted “Subject to paragraph 8(3) of Schedule A1 (treatment of claims for housing benefit by refugees),”.

Amendment of the Housing Benefit (General) (Amendment No. 2) Regulations

8.  In regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 (saving provision)(14) after paragraph (5) there shall be inserted the following paragraph—

“(5A) The eligible rent of a person to whom regulation 7B (entitlement to housing benefit by refugees) of and Schedule A1 to the principal Regulations (treatment of claims for housing benefit by refugees) apply, shall be determined in accordance with regulations 10 (rent) and 11 (restrictions on unreasonable payments) of the principal Regulations as in operation on 1st April 1996.”.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on 24th September 1996.

L.S.

John O'Neill

Assistant Secretary

The Department of the Environment for Northern Ireland hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of the Environment for Northern Ireland on 24th September 1996.

L.S.

R. E. Aiken

Assistant Secretary