The Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003

PART 4 Consequential and Transitional Provisions

Application of this Part

6.—(1) This Part shall have effect, except where paragraph (2) applies, in relation to a person who has attained the qualifying age for state pension credit.

(2) This paragraph applies where the claimant or, if the claimant has a partner, his partner, is a person on income support or on an income-based jobseeker’s allowance within the meaning of the Housing Benefit Regulations.

Amendment of regulation 2 of the Housing Benefit Regulations

7.  In regulation 2(1) of the Housing Benefit Regulations (interpretation) –

(a) the definition of “benefit period” shall be omitted,

(b) after the definition of “Preparation for Employment Programme for 50 plus”(1) there shall be inserted the following definition –

““the qualifying age for state pension credit” means (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002 –

(a)

in the case of a woman, pensionable age, or

(b)

in the case of a man, the age which is pensionable age in the case of a woman born on the same day as the man;”.

Amendment of regulation 7 of the Housing Benefit Regulations

8.  In regulation 7(12) of the Housing Benefit Regulations(2) (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from “except” to the end of the paragraph shall be omitted.

Amendment of regulation 11 of the Housing Benefit Regulations

9.  In regulation 11(6) of the Housing Benefit Regulations(3) (maximum rent) –

(a) in sub-paragraph (b) for “benefit period” there shall be substituted “award of housing benefit”;

(b) for the words after sub-paragraph (b) there shall be substituted –

• “then –

  (i)

  the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the date that the Executive next makes a decision under regulation 10A (decisions), and

  (ii)

  the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the date that the Executive next makes a decision under regulation 10A.”.

Extended payments

10.  In regulation 62A of the Housing Benefit Regulations(4) (extended payments) after paragraph (5), there shall be inserted the following paragraph –

“(5A) Where a person attains the qualifying age for state pension credit during the period of an extended payment made to him or his partner under this regulation, paragraph (5)(b)(5) shall have effect as if –

(a) after “beneficiary” there were inserted “or his partner”; and

(b) for the words from “deemed to be” to the end of that sub-paragraph there were substituted “treated as having been made in respect of a period beginning immediately after the end of the benefit period.”.”.

Change of circumstances

11.  In regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) –

(a) in paragraph (1)(6) for “regulation 8(3) (eligible housing costs) or regulation 26” there shall be substituted “regulation 29”(7);

(b) at the beginning of paragraphs (2)(8), (3)(9) and (4)(10) there shall be inserted “Subject to paragraphs (13) and (14),”;

(c) after paragraph (12)(11) the following paragraphs shall be added –

“(13) Paragraph (14) applies where –

(a) a change of circumstances would, but for that paragraph, take effect in accordance with paragraph (2), (3)(a)(i) or (b) or (4) on a day that is not the first day of a benefit week, and

(b) the effect of that change of circumstances is to end entitlement to housing benefit.

(14) In a case to which this paragraph applies, the change of circumstances shall take effect from the first day of the benefit week following the day on which the change of circumstances actually occurred.”.

Time claims are made or treated as made

12.  Subject to regulation 19, in the Housing Benefit Regulations –

(a) in regulation 65(1)(12) (date on which entitlement is to commence) “regulation 72(11) to (13) (renewal claims) and” shall be omitted, and

(b) in regulation 72 (time and manner in which claims are to be made) paragraphs (11) to (13A)(13) shall be omitted.

Amendment of regulation 76 of the Housing Benefit Regulations

13.  Regulation 76(2)(d) of the Housing Benefit Regulations (who is to make a decision) shall be omitted.

Amendment of regulation 104 of the Housing Benefit Regulations

14.  Regulation 104(2) of the Housing Benefit Regulations(14) (sums to be deducted in calculating recoverable overpayments) shall be omitted.

Amendment of Schedule 1B to the Housing Benefit Regulations

15.—(1) Schedule 1B to the Housing Benefit Regulations(15) (excluded tenancies) shall be amended in accordance with the following paragraphs.

(2) For paragraph 2(2)(16) there shall be substituted –

“(2) For the purposes of any claim, notification, request or application (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference to the Executive’s decision made in consequence of an earlier claim, notification, request or application (“the earlier application”) where –

(a) the earlier and later applications were made in respect of the same claimant or different claimants, and

(b) the earlier application was made more than 52 weeks before the later application was made.”.

(3) Paragraph 2(2A) shall be omitted.

Amendment of Schedule 6 to the Housing Benefit Regulations

16.  Paragraph 9(h)(17) of Schedule 6 to the Housing Benefit Regulations (awards where income support or state pension credit is payable) shall be omitted.

Minor and consequential amendments

17.—(1) In the provisions specified in paragraph (2), for the words “benefit period” wherever they occur, there shall be substituted the words “award of housing benefit”, preceded, where appropriate, by “an” instead of “a”.

(2) The provisions referred to in paragraph (1) are the following regulations in the Housing Benefit Regulations –

(a) regulation 11(12) and (13)(18) (maximum rent);

(b) regulation 70(2) (rent and rate-free periods), and

(c) regulation 75(1)(19) (duty to notify changes of circumstances).

(3) In regulation 70(2)(a) of the Housing Benefit Regulations (rent and rate-free periods) for the words “that period” in both places where they occur, there shall be substituted the words “that award”.

Transitional Provision

18.—(1) Paragraphs (2) and (3) apply in the case of a claimant whose, or whose partner's, benefit period ends before 6th October 2003.

(2) Where paragraph (1) applies, regulation 72(12) and (13)(20) of the Housing Benefit Regulations shall continue to have effect until 3rd November 2003.

(3) Where paragraph (1) applies and either –

(a) a claimant makes a claim for a further grant of housing benefit in accordance with regulation 72(12) of the Housing Benefit Regulations after 6th October 2003 but no later than 4 weeks after the end of the benefit period, or

(b) a relevant authority invites that claimant to make a claim for a further grant of housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations and following that invitation, a claim is received from that claimant after 6th October 2003 but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.

(4) Paragraphs (5) and (6) shall apply in the case of a claimant –

(a) whose, or whose partner's, benefit period ends before the claimant attains the qualifying age for state pension credit, and

(b) who attains the qualifying age for state pension credit no later than 4 weeks after the end of the benefit period.

(5) Where paragraph (4) applies, regulation 72(12) and (13) of the Housing Benefit Regulations shall continue to have effect until 4 weeks after the day on which the benefit period ends.

(6) Where paragraph (4) applies and either –

(a) a claimant makes a claim for a further grant of housing benefit in accordance with regulation 72(12) of the Housing Benefit Regulations after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period, or

(b) a relevant authority invites that claimant to make a claim for a further grant of housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations and, following that invitation, a claim is received from that claimant after he has attained the qualifying age for state pension credit but no later than 4 weeks after the end of the benefit period,

that claim shall be treated as having been made in respect of the period beginning immediately after the end of the benefit period.

Transitional provision for rent decisions

19.—(1) Paragraph (2) applies where a claimant attains or has attained the qualifying age for state pension credit on or before 6th October 2003.

(2) If, on 6th October 2003, more than 52 weeks have elapsed since the relevant authority last made a decision in relation to that claimant’s or his partner's, claim for, or award of, housing benefit in accordance with regulation 10A of the Housing Benefit Regulations (decisions), the relevant authority shall make a decision in pursuance of regulation 10A of the Housing Benefit Regulations as soon as practicable after 6th October 2003.

(3) Paragraph (4) applies where a claimant attains the qualifying age for state pension credit on a date (“the qualifying date”) after 6th October 2003.

(4) If, on the qualifying date, more than 52 weeks have elapsed since the relevant authority last made a decision in relation to that claimant’s or his partner's, award of housing benefit in accordance with regulation 10A of the Housing Benefit Regulations (decisions), the relevant authority shall make a decision in pursuance of regulation 10A of the Housing Benefit Regulations as soon as is practicable after the qualifying date.

(5) An appropriate relevant authority may make a decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraphs (2) or (4) apply.

(6) Where an appropriate relevant authority makes a decision under paragraph (5) in consequence of paragraph (2) or (4) the decision shall take effect –

(a) in a case to which paragraph (2) applies, on 6th October 2003, and

(b) subject to paragraph (7), in a case to which paragraph (4) applies, on the qualifying date.

(7) Where an appropriate relevant authority makes a decision under paragraph (5) in consequence of paragraph (4) –

(a) in a case where entitlement to housing benefit ceases, and

(b) where the qualifying date is not the first day of the benefit week,

the decision shall take effect on the first day of the benefit week following the benefit week in which the qualifying date falls.

(1)

Definition of “Preparation for Employment Programme for 50 plus” was inserted by regulation 13(2)(a) and (3)(a) of S.R. 2001 No. 151

(2)

Paragraph (12) was added by regulation 3(4)(c) of S.R. 1993 No. 149

(3)

Regulation 11 was inserted by regulation 7 of S.R. 1996 No. 111 and paragraph (6) was amended by regulations 4(c)(i) and 5(a) of S.R. 2001 No. 215

(4)

Regulation 62A was inserted by regulation 3 of S.R. 1996 No. 115

(5)

Paragraph (5)(b) was amended by regulation 4(2)(c)(ii) of S.R. 1999 No. 381

(6)

Paragraph (1) was amended by regulation 6(a) of S.R. 1999 No. 416, regulation 8(a)(i) of S.R. 2001 No. 215, regulation 2(2)(a) of S.R. 2003 No. 189 and regulation 13(2) of S.R. 2003 No. 197

(7)

Regulation 29 was substituted, in relation to those who have attained the qualifying age for state pension credit, by regulation 8 of S.R. 2003 No. 197

(8)

Paragraph (2) was amended by regulation 8(a)(ii) of S.R. 2001 No. 215

(9)

Paragraph (3) was substituted by regulation 7(b) of S.R. 1992 No. 141

(10)

Paragraph (4) was amended by regulation 7(c) of S.R. 1992 No. 141

(11)

Paragraph (12) was added by regulation 13(3) of S.R. 2003 No. 197

(12)

Paragraph (1) was amended by regulation 4(3)(a) of S.R. 1990 No. 137

(13)

Paragraph (13A) was inserted by regulation 4(3)(b) of S.R. 1999 No. 381

(14)

Regulation 104 was substituted by regulation 5 of S.R. 2000 No. 265

(15)

Schedule 1B was inserted by regulation 15 and Schedule 2 of S.R. 1996 No. 111

(16)

Paragraph 2(2) was substituted by regulation 7 of S.R. 2001 No. 79 and amended by regulation 4(s)(i) of S.R. 2001 No. 215 and regulation 3(a) and 3(b) of S.R. 2001 No. 238

(17)

Paragraph 9 was amended by regulation 13 of S.R. 1989 No. 125, regulation 23(2)(a) of S.R. 1996 No. 334 and regulation 6(b) of S.R. 2001 No. 215

(18)

Regulation 11 was substituted by regulation 7 of S.R. 1996 No. 111

(19)

Regulation 75(1) was amended by regulation 8(3)(a) of S.R. 2001 No. 175 and regulation 4(h) of S.R. 2001 No. 215

(20)

Regulation 72(13) was amended by regulation 9(b) of S.R. 1991 No. 47, regulation 13(c) of S.R. 1996 No. 334, regulation 4(3)(a)(i)(aa) and (bb) and 4(3)(a)(ii) and (iii) of S.R. 1999 No. 381, regulation 4 of S.R. 2001 No. 99 and Schedule 1 to S.R. 2001 No. 215