The Housing Benefit (Information from Landlords and Agents) Regulations (Northern Ireland) 1997

Explanatory Note

(This note is not part of the Regulations.)

These Regulations implement provisions of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)) (“the Order”). Regulation 2 gives the Northern Ireland Housing Executive in relation to the administration of housing benefit and any person exercising such functions for them a power to require certain landlords and their agents to provide information as to their interests in residential property, including that of any associated bodies (regulations 3 and 4).

Regulation 5 makes provision as to the time when and way in which that information is to be provided to the person requiring it.

Regulation 6 makes it a criminal offence to fail to provide such information, punishable by a fine at level 3 (currently £1,000), plus, for a continuing offence after conviction, a daily penalty of £40 for each day on which it continues.

Section 119A of the Social Security Administration (Northern Ireland) Act 1992 (c. 8) (“the Administration Act”), one of the enabling provisions under which these Regulations are made, is inserted by Article 10 of the Order and is brought into operation on 8th October 1997, by virtue of the Social Security Administration (Fraud) (1997 Order) (Commencement No. 2) Order (Northern Ireland) 1997 (S.R. 1997 No. 449 (C. 26). As the Regulations are made before the end of a period of 6 months from the commencement of that Article they are accordingly exempt, by virtue of section 150(5)(b) of the Administration Act, from reference to the Social Security Advisory Committee.