The Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 2003

Statutory Rules of Northern Ireland

2003 No. 187

HOUSING

The Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland) 2003

Made

21st March 2003

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred on it by sections 122(1)(d), 129(2) to (4) and 171(5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2), 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. 4) Regulations (Northern Ireland) 2003 and shall come into operation –

(a) in relation to any case where rent is payable at intervals of a whole number of weeks, on 7th April 2003, and

(b) in relation to any other case, on 1st April 2003.

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

Amendment of the Housing Benefit Regulations

2.—(1) Schedule 1A of the Housing Benefit (General) Regulations (Northern Ireland) 1987(4) (decisions of rent payable) shall be amended in accordance with paragraphs (2) to (4).

(2) In paragraph 4(3)(5) (local reference rents), head (c) and the word “and” which immediately precedes it shall be omitted.

(3) In paragraph 6(6) (ineligible charges and support charges) –

(a) in sub-paragraph (1) –

(i) in head (a), sub-paragraph (i) and the word “and” which immediately follows it shall be omitted, and

(ii) head (b) and the word “and” which immediately precedes it shall be omitted.

(b) in sub-paragraph (2)(7), head (b) and the word “and” which immediately precedes it shall be omitted.

(4) In paragraph 8(4)(8) (indicative rent levels), head (c) and the word “and” which immediately precedes it shall be omitted.

Sealed with the Official Seal of the Department for Social Development on 21st March 2003.

L.S.

John O'Neill

Senior Officer of the

Department for Social Development

Explanatory Note

(This note is not part of the Regulations.)

These Regulations further amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 in consequence of changes which will take effect on 1st and 7th April 2003 as a result of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1999 (S.R. 1999 No. 416) ceasing to have effect and incidental amendments made by the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 2003 (S.R. 2003 No. 108). The changes are concerned with the ineligibility of charges for the provision of certain services to be included as housing costs when determining entitlement to housing benefit.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions 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.

These Regulations do not impose any charge on business.

(1)

1992 c. 7

(2)

See Article 8(b) of S.R. 1999 No. 481

(3)

1954 c. 33 (N.I.)

(4)

S.R. 1987 No. 461; Schedule 1A was inserted by regulation 15 of, and Schedule 1 to, S.R. 1996 No. 111 and relevant amending Regulations are S.R. 2000 No. 1 and S.R. 2001 No. 215

(5)

Paragraph 4(3) was amended by regulation 6(4) of S.R. 2000 No. 1

(6)

Paragraph 6 was substituted by regulation 6(7) of S.R. 2000 No. 1

(7)

Paragraph 2 was amended by regulation 4(r)(ii) of S.R. 2001 No. 215

(8)

Paragraph 8(4) was amended by regulation 6(8) of S.R. 2000 No. 1