The Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 1997
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Housing Benefit (General) (Amendment) Regulations (Northern Ireland) 1997 and shall come into operation as follows—
(a)
for the purposes of regulations 1, 3 and 8(b), on 1st April 1997; and
(b)
for the purposes of regulations 2, 4 to 8(a) and 9—
(i)
in any case to which paragraph (2) applies, on 1st April 1997, and
(ii)
in any other case, on 7th April 1997.
(2)
This paragraph applies in any case where—
(a)
rent is payable at intervals of one month or any other interval which is not a week or a multiple thereof, or
(b)
payments by way of rates are not made together with payments of rent at weekly intervals or multiples thereof.
(3)
(4)
Amendment of regulation 18 of the principal Regulations2.
Amendment of regulation 35 of the principal Regulations3.
In regulation 35 of the principal Regulations (notional income)—
(a)
“(4B)
Paragraph (4C) shall apply where a claimant is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 19768 (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to 6th April 1997.(4C)
In a case where this paragraph applies, the appropriate authority shall, in a case in which the claimant’s weekly amount of eligible rent or, as the case may be, rates falls to be calculated in accordance with regulation 69(2)(b) or, as the case may be, (3)(b) (calculation of weekly amounts), treat the claimant, for the period from and including 1st April 1997 to 6th April 1997, as possessing any child benefit which is payable to him from and including 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) (weekly rate for other children) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976, to the extent that such child benefit is payable to him at those rates from and including that date.”;
(b)
Amendment of regulation 48A of the principal Regulations4.
Amendment of regulation 51 of the principal Regulations5.
Amendment of Schedule 2 to the principal Regulations6.
In Schedule 2 to the principal Regulations—
(a)
“—
(a)
where the claimant is a lone parent and no premium is applicable under paragraph 9, 9A, 10 or 11, £22·05;
(b)
in any other case,”;
(b)
in Part III (premiums)—
(i)
(ii)
(c)
Amendment of Schedule 3 to the principal Regulations7.
Amendment of Schedule 4 to the principal Regulations8.
In Schedule 4 to the principal Regulations (sums to be disregarded in the calculation of income other than earnings)—
(a)
(b)
“64.
Where regulation 35(4C)20 applies to a claimant and—(a)
he is in receipt of both child benefit and an increase in child benefit under regulation 2(2) of the Child Benefit and Social Security (Fixing and Adjustment of Rates) Regulations (Northern Ireland) 1976 (increase in respect of the only, elder or eldest child of a single parent) in respect of the week up to 6th April 1997; and
(b)
child benefit is payable to him from and including 7th April 1997 at the rates specified in regulation 2(1)(a)(ii) (weekly rate for only, elder or eldest child of a lone parent) and, as the case may be, (b) of those Regulations (weekly rate for other children) as payable from that date,
any child benefit and increase in child benefit specified in sub-paragraph (a) to the extent that it is payable in respect of the period from and including 1st April 1997 to 6th April 1997.”.
Amendment of Schedule 5A to the principal Regulations9.
Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on
The Department of the Environment hereby consents to the foregoing Regulations.
Sealed with the Official Seal of the Department of the Environment for Northern Ireland on
These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 so as to provide that a claimant is treated as possessing certain child benefit and that certain child benefit is disregarded in the calculation of income other than earnings in certain circumstances (regulations 3 and 8(b)).
These Regulations also replace the premium which is applicable in relation to lone parents in receipt of housing benefit with an additional element to the family premium (regulations 2, 4 to 8(a) and 9).
They also provide for consequential amendments elsewhere in these Regulations in connection with this change.