The Housing Benefit (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2005

Explanatory Note

(This note is not part of the Regulations.)

These Regulations amend the Housing Benefit (General) Regulations (Northern Ireland) 1987 (S.R. 1987 No. 461) (“the Housing Benefit Regulations”).

The Housing Benefit Regulations were modified by the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 for persons who attained the qualifying age for state pension credit (except where regulation 2(2) of those Regulations applies). These Regulations apply to the Housing Benefit Regulations as so modified and as not so modified, as set out in regulation 2(1) and (2).

Regulation 2(3) amends regulation 5 of the Housing Benefit Regulations by replacing paragraph (8A) with a new provision which deals with the treatment of prisoners on temporary release and by making other minor, technical amendments.

Regulation 2(4) amends regulation 36 of the Housing Benefit Regulations (which applies to persons who attained the qualifying age for state pension credit) to provide that certain specified categories of retirement pension income will not be treated as notional income under paragraph 36(1)(a).

Regulation 2(5) makes transitional provision in respect of the provisions amended by regulation 2(4).

Regulation 2(6) amends Schedule 2 to the Housing Benefit Regulations to remove a provision excluding the award of an Enhanced Disability Premium in respect of a child whose capital exceeds a specified amount.

Regulation 2(7) amends Schedule 4A to the Housing Benefit Regulations (which applies to persons who attained the qualifying age for state pension credit) to provide for certain income from capital to be disregarded when calculating a claimant’s income.

These Regulations do not impose any charge on business.