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Statutory Rules of Northern Ireland

1999 No. 372

HOUSING

The Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1999

Made

3rd September 1999

Coming into operation

6th September 1999

The Department of Health and Social Services for Northern Ireland, in exercise of the powers conferred on it by sections 1(1C) and 165(4) of the Social Security Administration (Northern Ireland) Act 1992(1) and of all other powers enabling it in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1999 and shall come into operation on 6th September 1999.

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

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

Insertion of regulation 2B into the principal Regulations

2.  Before regulation 3 of the principal Regulations (definition of non-dependant) there shall be inserted the following regulation—

Cases in which section 1(1A) of the Social Security Administration (Northern Ireland) Act 1992 is disapplied

2B.  Section 1(1A) of the Social Security Administration (Northern Ireland) Act 1992 (requirement to state national insurance number) shall not apply to housing benefit in a case where the person making the claim for that benefit, or in respect of whom that benefit is claimed, is liable to make payments in respect of a dwelling which is a hostel..

Amendment of regulations 2 and 12A of the principal Regulations

3.  The definition of “hostel” in paragraph (5) of regulation 12A of the principal Regulations (pre-tenancy determinations)(4) shall apply generally to those Regulations and in consequence shall be inserted in the appropriate place in regulation 2(1) of the principal Regulations (interpretation) and shall be omitted from paragraph (5) of regulation 12A of the principal Regulations.

Amendment of Schedule 1A to the principal Regulations

4.  In Schedule 1A of the principal Regulations (determinations of rent payable)(5) in paragraph 14 (interpretation) in the definition of “hostel” for “12A” there shall be substituted “2(1)”.

Sealed with the Official Seal of the Department of Health and Social Services for Northern Ireland on

L.S.

P. A. Conliffe

Assistant Secretary

3rd September 1999.

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (“the Housing Benefit Regulations”).

Regulation 2 inserts a new regulation into the Housing Benefit Regulations to exempt hostel dwellers from the requirements in respect of national insurance numbers imposed by section 1 of the Social Security Administration (Northern Ireland) Act 1992.

Regulation 3 omits the definition of “hostel” from regulation 12A of the Housing Benefit Regulations and inserts it into regulation 2 of the Housing Benefit Regulations.

Regulation 4 makes a consequential amendment.

These Regulations correspond to provision contained in Regulations made by the Secretary of State for Social Security in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to the Social Security Administration (Northern Ireland) Act 1992 (c. 8), are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.

(1)

1992 c. 8; subsections (1A) to (1C) of section 1 were inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11))

(2)

S.R. 1987 No. 461; relevant amending Regulations are S.R. 1996 No. 111

(4)

Regulation 12A was inserted by regulation 9 of S.R. 1996 No. 111

(5)

Schedule 1A was inserted by Schedule 1 to S.R. 1996 No. 111