The Housing Benefit (Extended Payments (Severe Disablement Allowance and Incapacity Benefit) Amendment) Regulations (Northern Ireland) 2004

Extended payments (severe disablement allowance and incapacity benefit)

3.  After regulation 62A of the Housing Benefit Regulations(1) (extended payments) there shall be inserted the following regulation –

“Extended payments (severe disablement allowance and incapacity benefit)

62ZB.— (1) Except in a case in which a person is in receipt of state pension credit, paragraph (2) shall apply where –

(a) a person ceases to be entitled to housing benefit –

(i) in accordance with regulation 65B(2) (date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases), and

(ii) the condition referred to in paragraph 1 of Schedule 5B(3) (extended payments (severe disablement allowance and incapacity benefit)) is satisfied in his case, or

(b) a person ceases to be entitled to housing benefit because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and –

(i) he ceased to be entitled to severe disablement allowance or incapacity benefit by reason of taking up employment as an employed or self-employed earner;

(ii) he had been entitled to and in receipt of severe disablement allowance, incapacity benefit or a combination of severe disablement allowance and incapacity benefit for a continuous period of at least 26 weeks,

(iii) he was not entitled to and in receipt of income support, and

(iv) the condition referred to in paragraph 1 of Schedule 5B is satisfied in his case.

(2) A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his housing benefit shall be determined in accordance with Schedule 5B and any award so determined shall be referred to in these regulations as an “extended payment (severe disablement allowance and incapacity benefit)”.

(3) For the purposes of any payment pursuant to this regulation –

(a) except in a case to which paragraph (b) applies the maximum housing benefit of any person mentioned in paragraph (1) shall be that which was applicable to him in the last week of the award of housing benefit which has ceased as mentioned in paragraph (1);

(b) the maximum housing benefit of any person the amount of whose extended payment (severe disablement allowance and incapacity benefit) is calculated in accordance with paragraph 6(b)(i) of Schedule 5B shall be determined in accordance with paragraph 7 of that Schedule;

(c) except in a case to which paragraph (d) applies, any person who meets the requirements of paragraph (1) shall be treated as possessing the same amounts of income and capital as they possessed in the last week of the award of housing benefit which has ceased as mentioned in paragraph (1), and

(d) any person whose maximum housing benefit is determined in accordance with paragraph 7 of Schedule 5B shall be treated as possessing no income or capital.

(4) Regulations 71, 72 and 73 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 69(9)(4), Part IX (calculation of weekly amounts) shall not apply to any payment under it.

(5) In paragraph (1) references to a “person” include references to a person’s partner and references to taking up employment include receiving remuneration for employment or an increased amount of remuneration for employment or engaging in employment for an increased number of hours.

(6) In a case where payment has been made under this regulation –

(a) the beneficiary shall be treated for the purpose of these Regulations and of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996(5) as though he were entitled to and in receipt of housing benefit –

(i) during the 4 weeks immediately following the last day of his entitlement to housing benefit, or

(ii) until the date on which his liability for rent or rates or both ends,

whichever occurs first, and

(b) any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit.”.

(1)

Regulation 62A was substituted by regulation 10 of S.R. 2004 No. 144

(2)

Regulation 65B is inserted by regulation 4 of these Regulations

(3)

Schedule 5B is inserted by Schedule 1 to these Regulations

(4)

Regulation 69(9) was added by regulation 4 of S.R. 1996 No. 115

(5)

S.R. 1996 No. 111