The Housing Benefit Regulations (Northern Ireland) 2006

Prospective

PART IX N.I. Calculation of weekly amounts and changes of circumstances

Date on which entitlement is to commence N.I.

74.—(1) Subject to paragraphs (2) and (3), a person who makes a claim and is otherwise entitled to housing benefit shall be entitled to that benefit from the benefit week following the date on which his claim is or is treated as made.

(2) Where a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made, he shall be so entitled from that benefit week.

(3) A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—

(a) he is otherwise entitled to housing benefit;

(b) paragraph (2) does not apply to him; and

(c) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of a hostel which he occupies as his home.

Commencement Information

I1 Reg. 74 in operation at 20.11.2006, see reg. 1(1)

Date on which housing benefit is to end N.I.

75.  A claimant’s entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to income support or income-based jobseeker’s allowance ceases where—

(a) the claimant or his partner was entitled to and in receipt of income support or an income-based jobseeker’s allowance or that claimant and his partner were entitled to and in receipt of a joint-claim jobseeker’s allowance and that entitlement has ceased;

(b) that entitlement to income support or income-based jobseeker’s allowance has ceased by reason of the claimant or his partner—

(i) commencing employment as an employed or self-employed earner;

(ii) increasing their earnings from such employment, or

(iii) increasing the number of hours worked in such employment;

(c) the claimant had been entitled to and in receipt of income support or jobseeker’s allowance for a continuous period of at least 26 weeks before the day on which his entitlement to income support or income-based jobseeker’s allowance ceased, and for the purposes of this sub-paragraph—

(i) a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of income support and a jobseeker’s allowance for at least 26 weeks;

(ii) references to the claimant include references to his partner;

(iii) a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance; and

(d) that work, increase in earnings or, as the case may be, increase in hours is expected to last at least 5 weeks or more.

Commencement Information

I2 Reg. 75 in operation at 20.11.2006, see reg. 1(1)

Date on which housing benefit is to end where entitlement to severe disablement allowance or incapacity benefit ceases N.I.

76.  A claimant’s entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to severe disablement allowance or incapacity benefit ceases where—

(a) the claimant or his partner was not entitled to and in receipt of income support but was entitled to and in receipt of severe disablement allowance or incapacity benefit and that entitlement has ceased;

(b) that entitlement to severe disablement allowance or incapacity benefit has ceased by reason of the claimant or his partner—

(i) commencing employment as an employed or self-employed earner;

(ii) increasing their earnings from such employment, or

(iii) increasing the number of hours worked in such employment;

(c) the claimant had been entitled to and in receipt of severe disablement allowance or incapacity benefit for a continuous period of at least 26 weeks before the day on which his entitlement to severe disablement allowance or incapacity benefit ceased, and for the purposes of this sub-paragraph—

(i) a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of severe disablement allowance and incapacity benefit for at least 26 weeks;

(ii) references to the claimant include references to his partner; and

(d) that work, increase in earnings, or as the case may be, increase in hours is expected to last at least 5 weeks or more.

Commencement Information

I3 Reg. 76 in operation at 20.11.2006, see reg. 1(1)

Date on which change of circumstances is to take effect N.I.

77.—(1) Except in cases where regulation 31 or regulation 8(3) of the Decisions and Appeals Regulations applies and subject to the following provisions of this regulation, and to regulation 78(6), a change of circumstances which affects entitlement to, or the amount of, housing benefit (“ change of circumstances”) shall take effect from the first day of the benefit week following the date on which the change of circumstances actually occurs, and where that change is cessation of entitlement to any benefit under the benefit Acts, the date on which the change actually occurs shall be the day immediately following the last day of entitlement to that benefit.

(2) Subject to paragraph (10), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is a change in the amount of rent or rates payable in respect of a dwelling, that change shall take effect from the day on which it actually occurs.

(3) Subject to paragraphs (10) and (11), except in a case where regulation 8(3) of the Decisions and Appeals Regulations applies, where the change of circumstances is—

(a) that a person moves into a new dwelling occupied as the home; or

(b) any other event which—

(i) entitles a person to be treated as occupying 2 dwellings as his home under regulation 7(6), or

(ii) brings to an end a person’s right to be treated as occupying 2 dwellings as his home under that regulation, in a case where he has, immediately prior to the event, been treated as occupying 2 dwellings as his home,

that change of circumstances shall take effect on the day on which it actually occurs.

(4) Subject to paragraph (10), where the change of circumstances is the expiry of a maximum period of time, referred to in regulation 7(6), for which a person can be treated as occupying 2 dwellings as his home, that change shall take effect on the day after the last day of that period.

(5) Subject to paragraph (10), where the change of circumstances is an amendment to these Regulations that change, subject to regulation 78(6), shall take effect as follows—

(a) where the amendment is made by an order under section 132 of the Administration Act(1) (annual up-rating of benefits)—

(i) in a case in which the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c), from 1st April;

(ii) in any other case, from the first Monday in April,

in the year in which that order comes into operation;

(b) in respect of any other amendment, from the date on which the amendment of these Regulations comes into operation in the particular case.

(6) Subject to paragraph (10), if 2 or more changes of circumstances occurring in the same benefit week would, but for this paragraph, take effect in different benefit weeks in accordance with this regulation, they shall all take effect on the first day of the benefit week in which they occur, unless a change taking effect under paragraphs (2), (3) or (4) takes effect in that week, in which case the changes shall all take effect on the day on which that change takes effect.

(7) Where, during a benefit week commencing on the first Monday in April—

(a) a change of circumstances takes effect in accordance with paragraph (5)(a)(ii);

(b) one or more changes of circumstances occur to which paragraph (1) applies; and

(c) no other change of circumstances occurs to which this regulation applies,

any change of circumstances to which paragraph (1) applies and which occurs in that benefit week shall take effect from the first day of that benefit week.

(8) Where the change of circumstances is that income, or an increase in the amount of income, other than a benefit or an increase in the amount of a benefit under the Act, is paid in respect of a past period and there was no entitlement to income of that amount during that period, the change of circumstances shall take effect from the first day on which such income, had it been paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(9) Without prejudice to paragraph (8), where the change of circumstances is the payment of income, or arrears of income, in respect of a past period, the change of circumstances shall take effect from the first day on which such income, had it been timeously paid in that period at intervals appropriate to that income, would have fallen to be taken into account for the purposes of these Regulations.

(10) Subject to paragraph (11), where a change of circumstances occurs which has the effect of bringing entitlement to an end it shall take effect on the first day of the benefit week following the benefit week in which that change actually occurs except in a case where a person is liable to make payments, which fall due on a daily basis, in respect of a hostel in which case that change shall take effect on the day on which it actually occurs.

(11) Where the change of circumstances is that a person moves to a new dwelling and immediately after the move he is treated as occupying his former dwelling as his home in accordance with regulation 7(7) or (10) then that change of circumstances shall take effect on the day after the last day for which he is treated as liable to make payments in respect of the former dwelling in accordance with whichever of those regulations applies in his case.

Commencement Information

I4 Reg. 77 in operation at 20.11.2006, see reg. 1(1)

Calculation of weekly amounts N.I.

78.—(1) A person’s entitlement to housing benefit in any benefit week shall be calculated in accordance with the following provisions of this regulation.

(2) The weekly amount of a claimant’s eligible rent shall be—

(a) subject to paragraph (4), where rent is payable at intervals of one week or a multiple thereof, the amount of eligible rent payable weekly or, where it is payable at intervals of a multiple of a week, the amount determined by dividing the amount of eligible rent payable by the number equal to the number of weeks in respect of which it is payable; or

(b) subject to paragraph (4), where the rent is payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

(c) subject to paragraph (4), where the rent is payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

(3) The weekly amount of a claimant’s eligible rates shall be—

(a) where payments by way of rates are made together with payments of rent, the amount calculated as if those payments were rent under paragraph (2);

(b) subject to paragraph (4), where the rates are payable at intervals of a calendar month or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of calendar months in respect of which it is payable, multiplying by 12 and dividing by 52;

(c) subject to paragraph (4), where the rates are payable at intervals of a day or multiples thereof, the amount determined by dividing the amount payable by the number equal to the number of days in respect of which it is payable and multiplying by 7.

(4) In a case—

(a) to which regulation 74(2) or (3) applies, his eligible rent or rates for the benefit week in which he becomes liable to make payments in respect of a dwelling which he occupies as his home shall be calculated by multiplying his daily rent or rates by the number equal to the number of days in that benefit week for which he is liable to make such payments;

(b) where a change of circumstances takes effect in a benefit week under regulation 77(3), (but is not a change described in sub-paragraph (c)(ii) of this paragraph), (4), (10) or (11) other than on the first day of a benefit week then the claimant’s eligible rent or rates for that benefit week shall be calculated by multiplying his daily rent or rates by the appropriate number of days in that benefit week;

(c) where—

(i) the amounts of eligible rent or rates which the claimant is liable to pay in respect of a dwelling is altered and that change of circumstances takes effect under regulation 77(2), or

(ii) the claimant—

(aa) moves to a new dwelling occupied as the home;

(bb) is not entitled to be treated, immediately after that move, as occupying 2 dwellings as his home or as occupying his former dwelling as his home; and

(cc) that change of circumstances takes effect under regulation 77(3),

other than on the first day of a benefit week, then the claimant’s eligible rent or rates for that benefit week shall be calculated by multiplying his old and new daily rent or rates by the number equal to the number of days in that week which relate respectively to the old and new amounts which he is liable to pay.

(5) In the case of a claimant whose weekly eligible rent or rates falls to be calculated in accordance with paragraph (4)(a) or (b) by reference to the daily rent or rates in his case, his weekly applicable amount, weekly income, the weekly amount of any non-dependant deductions and the minimum amount payable in his case shall be calculated in the same manner as his weekly eligible rent or rates by reference to the amounts determined in his case in accordance with Parts V to VIII.

(6) Where a change in the amount of a claimant’s applicable amount, income or non-dependant deductions falls to be taken into account in the same benefit week as a change in his eligible rent or rates to which paragraph (4)(c) applies, it shall be taken into account in that week on a daily basis in the same manner and as if it had occurred on the same day as that change in his eligible rent or rates.

(7) In any case where a claimant has received an extended payment or an extended payment (severe disablement allowance and incapacity benefit), his entitlement shall be adjusted in such circumstances and by such amount as are prescribed in Part III of Schedule 8 or paragraph 10 of Schedule 9, as the case may be.

(8) Any amount determined under these Regulations may, if it is appropriate, be rounded to the nearest whole penny by disregarding any amount less than half a penny and treating any amount of half a penny or more as a whole penny.

(9) In this regulation “daily rent or rates” shall mean the amount determined by dividing by 7 the amount determined under whichever sub-paragraph of paragraph (2) or (3) is appropriate in each case.

(10) Where a claimant is entitled to benefit in respect of 2 (but not more than 2) dwellings in accordance with regulation 7(6) his eligible rent or rates shall be calculated in respect of each dwelling in accordance with this regulation.

Commencement Information

I5 Reg. 78 in operation at 20.11.2006, see reg. 1(1)

Rent and rate-free periods N.I.

79.—(1) This regulation applies to a claimant for any period (referred to in this regulation as a rent-free period) in, or in respect of, which he is not liable to pay rent or to make a payment by way of rates made together with rent except for any period to which regulation 8(1)(d) applies.

(2) In the case of the beginning or ending of a claimant’s rent-free period, his eligible rent for the benefit week in which the rent-free period begins and ends shall be calculated on a daily basis as if those benefit weeks were weeks to which regulation 78(4) applies.

(3) For the purpose of determining the weekly applicable amount and income of a claimant to whom this regulation applies, the weekly amount of any non-dependant deductions and the minimum amount payable in his case—

(a) in a case to which regulation 78(2)(a) applies, the amounts determined in his case in accordance with Parts V to VIII shall be multiplied by 52 or 53, whichever is appropriate, and divided by the number equal to the number of weeks in that 52 or 53 week period in respect of which he is liable to pay rent;

(b) subject to paragraph (4), in a case to which regulation 78(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts V to VIII shall be multiplied by 365 or 366, whichever is appropriate, and divided by the number of days in that 365 or 366 day period in respect of which he is liable to pay rent.

(4) In a case to which paragraph (3)(b) applies, where either regulation 78(5) or (6) also applies or it is the beginning or end of a rent-free period, the weekly amounts referred to in paragraph (3) shall first be calculated in accordance with sub-paragraph (b) of that paragraph and then determined on a daily basis in the same manner as the claimant’s eligible rent or rates.

Commencement Information

I6 Reg. 79 in operation at 20.11.2006, see reg. 1(1)

(1)

Section 132 was amended by paragraph 41 of Schedule 7 to the Pension Schemes (Northern Ireland) Act 1993 (c. 49)