The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006

PART I N.I. General

Citation and commencement N.I.

1.—(1) These Regulations may be cited as the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 and shall come into operation on 20th November 2006.

(2) These Regulations are to be read, where appropriate, with the Consequential Provisions Regulations.

(3) The regulations consolidated by these Regulations are revoked, in consequence of the consolidation, by the Consequential Provisions Regulations.

Commencement Information

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

Interpretation N.I.

2.—(1) In these Regulations—

“the 1950 Act” means the Employment and Training Act (Northern Ireland) 1950(1);

“the Act” means the Social Security Contributions and Benefits (Northern Ireland) Act 1992;

“the Administration Act” means the Social Security Administration (Northern Ireland) Act 1992;

“the Children Order” means the Children (Northern Ireland) Order 1995(2);

[F1 “the Electronic Communications Act” means the Electronic Communications Act (Northern Ireland) 2001;]

“the Employment Rights Order” means the Employment Rights (Northern Ireland) Order 1996(3);

“the Health and Personal Social Services Order” means the Health and Personal Social Services (Northern Ireland) Order 1972(4);

“the Jobseekers Order” means the Jobseekers (Northern Ireland) Order 1995(5);

“the Quality, Improvement and Regulation Order” means the Health and Personal Social Services (Quality, Improvement and Regulation) (Northern Ireland) Order 2003(6);

“the State Pension Credit Act” means the State Pension Credit Act (Northern Ireland) 2002(7);

“the Tax Credits Act” means the Tax Credits Act 2002(8);

“the Taxes Act” means the Income and Corporation Taxes Act 1988(9);

[F2 “the Welfare Reform Act” means the Welfare Reform Act (Northern Ireland) 2007;]

“Abbeyfield Home” means an establishment run by the Abbeyfield Society including all bodies corporate or incorporate which are affiliated to that Society;

“adoption leave” means a period of absence from work on ordinary or additional adoption leave by virtue of Article 107A or 107B of the Employment Rights Order(10);

[F3 “amended determination” means a determination where the Executive is of the opinion that it has made an error (other than in the application of its professional judgement) in relation to a broad rental market area determination or a local housing allowance determination determined in accordance with regulation 3(2) of the Executive Determinations Regulations;]

“appropriate office” means an office of the Department dealing with state pension credit [F4 or employment and support allowance] or an office which is normally open to the public for the receipt of claims for income support and jobseeker’s allowance;

“assessment period” means the period determined—

(a)

in relation to the earnings of a self-employed earner, in accordance with regulation 35 for the purpose of calculating the weekly earnings of the claimant; or

(b)

in relation to any other income, in accordance with regulation 31 for the purpose of calculating the weekly income of the claimant;

“attendance allowance” means—

(a)

an attendance allowance under Part III of the Act;

(b)

an increase of disablement pension under section 104 or 105 of the Act;

(c)

a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Schedule 8 to the Act;

(d)

a payment analogous to a payment by way of an increase of an allowance which is payable in respect of constant attendance under paragraph 4 of Schedule 8 to the Social Security Contributions and Benefits Act 1992(11);

(e)

a payment by virtue of article 14, 15, 16, 43 or 44 of the Personal Injuries (Civilians) Scheme 1983(12) or any analogous payment; or

(f)

any payment based on need for attendance which is paid as part of a war disablement pension;

“the benefit Acts” means the Act, the Jobseekers Order [F5 , the State Pension Credit Act and the Welfare Reform Act] ;

“benefit week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday;

“board and lodging accommodation” means accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than the person to whom the accommodation is provided or a member of his family) and are consumed in that accommodation or associated premises;

[F6 “broad rental market area” has the meaning specified in paragraph 4 of the Schedule to the Executive Determinations Regulations;

“broad rental market area determination” means a determination made in accordance with regulation 3(1) of the Executive Determinations Regulations;

“change of dwelling” means, for the purposes of regulation 14C, a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the Executive may make a rent allowance;]

“child” means a person under the age of 16;

“child tax credit” means a child tax credit under section 8 of the Tax Credits Act;

“claim” means a claim for housing benefit;

“claimant” means a person claiming housing benefit;

“close relative” means a parent, parent-in-law, son, son-in-law, daughter, daughter-in-law, step-parent, step-son, step-daughter, brother, sister, or if any of the preceding persons is one member of a couple, the other member of that couple;

“concessionary payment” means a payment made under arrangements made by the Department with the consent of the Department of Finance and Personnel which is charged either to the Northern Ireland National Insurance Fund or to a Departmental Expenditure Vote to which payments of benefit under the Act are charged;

“the Consequential Provisions Regulations” means the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006(13);

[F7 “contributory employment and support allowance” means a contributory allowance under Part 1 of the Welfare Reform Act;]

“couple” means—

(a)

a man and woman who are married to each other and are members of the same household;

(b)

a man and woman who are not married to each other but are living together as husband and wife;

(c)

2 people of the same sex who are civil partners of each other and are members of the same household; or

(d)

2 people of the same sex who are not civil partners of each other but are living together as if they were civil partners,

and for the purposes of paragraph (d), 2 people of the same sex are to be regarded as living together as if they were civil partners if, but only if, they would be regarded as living together as husband and wife were they instead 2 people of the opposite sex;

“course of study” means any course of study, whether or not it is a sandwich course and whether or not a grant is made for undertaking or attending it;

“date of claim” means the date on which the claim is made, or treated as made, for the purposes of regulation 62;

“the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(14);

“designated office” means the office designated by the relevant authority for the receipt of claims to housing benefit—

(a)

by notice upon or with a form approved by it for the purpose of claiming housing benefit;

(b)

by reference upon or with such a form to some other document available from it and sent by electronic means or otherwise on application and without charge; or

(c)

by any combination of the provisions set out in paragraphs (a) and (b);

“disability living allowance” means a disability living allowance under section 71 of the Act;

“dwelling occupied as the home” means the dwelling together with any garage, garden and outbuildings normally occupied by the claimant as his home, including any part thereof not so occupied which it is impracticable or unreasonable to sell separately, together with—

(a)

any agricultural land adjoining that dwelling; and

(b)

any land not adjoining that dwelling which it is impracticable or unreasonable to sell separately;

“earnings” has the meaning prescribed in regulation 33 or, as the case may be, 36;

“the Eileen Trust” means the charitable trust of that name established on 29th March 1993 out of funds provided by the Secretary of State for the benefit of persons eligible for payment in accordance with its provisions;

[F8 “electronic communication” has the same meaning as in section 4(1) of the Electronic Communications Act;]

“eligible rates” is to be construed in accordance with regulation 12;

[F9 “eligible rent” means, as the case may require, an eligible rent determined in accordance with—

(a)

regulation 13A, 13B or 13C; or

(b)

regulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;]

“employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland either under a contract of service or in an office (including elective office) with general earnings and also includes a person who is in receipt of a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay or statutory maternity pay;

[F10 “the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 2008;]

“the Executive” means the Northern Ireland Housing Executive;

[F11 “the Executive Determinations Regulations” means the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008;]

[F12 “extended payment (qualifying contributory benefits)” means a payment of housing benefit payable pursuant to regulation 51 of these Regulations or regulation 71 of the Housing Benefit Regulations (extended payments (qualifying contributory benefits));

“extended payment period” means the period for which an extended payment is payable in accordance with regulation 51A of these Regulations or regulation 70A (duration of extended payment period) or 71A (duration of extended payment period (qualifying contributory benefits)) of the Housing Benefit Regulations;]

“family” has the meaning assigned to it by section 133(1) of the Act;

“the Fund” means moneys made available from time to time by the Secretary of State for the benefit of persons eligible for payment in accordance with the provisions of a scheme established by him on 24th April 1992 or, in Scotland, on 10th April 1992;

“the Graduated Retirement Benefit Regulations” means the Social Security (Graduated Retirement Benefit) Regulations (Northern Ireland) 2005(15);

“guarantee credit” is to be construed in accordance with sections 1 and 2 of the State Pension Credit Act;

“a guaranteed income payment” means a payment made under article 14(1)(b) or 21(1)(a) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(16);

“Health and Social Services Board” means a Board established under Article 16 of the Health and Personal Social Services Order;

“HSS trust” means a Health and Social Services trust established under Article 10 of the Health and Personal Social Services (Northern Ireland) Order 1991(17), by which functions are exercisable by virtue of an authorisation for the time being in operation under Article 3(1) of the Health and Personal Social Services (Northern Ireland) Order 1994(18);

“hostel” means a building—

(a)

in which there is provided for persons generally or for a class of persons, domestic accommodation, otherwise than in separate and self-contained premises, and either board or facilities for the preparation of food adequate to the needs of those persons, or both;

(b)

which is—

(i)

managed or owned by a registered housing association;

(ii)

operated other than on a commercial basis and in respect of which funds are provided wholly or in part by a government department or agency, the Executive or a Health and Social Services Board or HSS trust, or

(iii)

managed by a voluntary organisation or charity and provides care, support or supervision with a view to assisting those persons to be rehabilitated or resettled within the community; and

(c)

which is not—

(i)

a residential care home;

(ii)

a nursing home;

(iii)

an independent hospital, or

(iv)

an Abbeyfield Home;

“housing association” has the meaning assigned to it by Article 3 of the Housing (Northern Ireland) Order 1992(19);

“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006(20);

“an income-based jobseeker’s allowance” has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order(21);

[F13 “income-related employment and support allowance” means an income-related allowance under Part 1 of the Welfare Reform Act;]

“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 1987(22);

“independent hospital” has the meaning assigned to it by Article 2(2) of the Quality, Improvement and Regulation Order;

F14 ...

F15 ...

F16 ...

F17 ...

[F18 “the Independent Living Fund (2006)” means the Trust of that name established by a deed dated 10th April 2006 and made between the Secretary of State for Work and Pensions of the one part and Margaret Rosemary Cooper, Michael Beresford Boyall and Marie Theresa Martin of the other part;]

“invalid carriage or other vehicle” means a vehicle propelled by petrol engine or by electric power supplied for use on the road and to be controlled by the occupant;

“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 1996(23);

“a joint-claim jobseeker’s allowance” has the same meaning as it has in the Jobseekers Order by virtue of Article 3(4) of that Order(24);

[F19 “linked person” means—

(a)

any member of the claimant’s family;

(b)

if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household;

(c)

any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him, except for a relative who has a separate right of occupation of the dwelling which would enable them to continue to occupy it even if the claimant ceased his occupation of it;]

“local housing allowance” means an allowance determined in accordance with paragraph 2 of the Schedule to the Executive Determinations Regulations;

“the London Bombings Relief Charitable Fund” means the company limited by guarantee (number 5505072) and registered charity of that name established on 11th July 2005 for the purpose of (amongst other things) relieving sickness, disability or financial need of victims (including families or dependants of victims) of the terrorist attacks carried out in London on 7th July 2005;

“lone parent” means a person who has no partner and who is responsible for and a member of the same household as a child or young person;

F20 ...(25)

“the Macfarlane Trust” means the charitable trust, established partly out of funds provided by the Secretary of State to the Haemophilia Society, for the relief of poverty or distress among those suffering from haemophilia;

“the Macfarlane (Special Payments) Trust” means the trust of that name, established on 29th January 1990 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia;

“the Macfarlane (Special Payments) (No. 2) Trust” means the trust of that name, established on 3rd May 1991 partly out of funds provided by the Secretary of State, for the benefit of certain persons suffering from haemophilia and other beneficiaries;

[F21 “main phase employment and support allowance” means an employment and support allowance where the calculation of the amount payable in respect of the claimant includes a component under section 2(1)(b) or 4(2)(b) of the Welfare Reform Act;]

“maternity leave” means a period during which a woman is absent from work because she is pregnant or has given birth to a child, and at the end of which she has a right to return to work either under the terms of her contract of employment or under Part IX of the Employment Rights Order(26);

“maximum rent” means the amount to which the eligible rent is restricted in a case where regulation 14 applies;

[F22 “maximum rent (LHA)” means the amount determined in accordance with regulation 14D;]

“net earnings” means such earnings as are calculated in accordance with regulation 34;

“net profit” means such profit as is calculated in accordance with regulation 37;

“non-dependant” has the meaning prescribed in regulation 3;

“non-dependant deduction” means a deduction that is to be made under regulation 53;

“nursing home” has the meaning it has for the purposes of the Quality, Improvement and Regulation Order by virtue of Article 11 of that Order;

“occupational pension” means any pension or other periodical payment under an occupational pension scheme but does not include any discretionary payment out of a fund established for relieving hardship in particular cases;

“owner” means the person who, otherwise than as a mortgagee in possession, is for the time being entitled to dispose of the fee simple or leasehold interest of any rateable unit, whether or not with the consent of other joint owners;

“partner” means—

(a)

where a claimant is a member of a couple, the other member of that couple; or

(b)

where a claimant is polygamously married to 2 or more members of his household, any such member;

“paternity leave” means a period of absence from work on leave by virtue of Article 112A or 112B of the Employment Rights Order(27);

“payment” includes part of a payment;

“pension fund holder” means with respect to a personal pension scheme or [F23 an occupational pension scheme] , the trustees, managers or scheme administrators, as the case may be, of the schemeF24 ... concerned;

“person affected” shall be construed in accordance with regulation 3 of the Decisions and Appeals Regulations;

“person on income support” means a person in receipt of income support;

“person on state pension credit” means a person in receipt of state pension credit;

[F25 “personal pension scheme” means—

(a)

a personal pension scheme as defined by section 1 of the Pension Schemes (Northern Ireland) Act 1993;

(b)

an annuity contract or trust scheme approved under section 620 or 621 of the Taxes Act or a substituted contract within the meaning of section 622(3) of that Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(f) of Schedule 36 to the Finance Act 2004;

(c)

a personal pension scheme approved under Chapter IV of Part XIV of the Taxes Act which is treated as having become a registered pension scheme by virtue of paragraph 1(1)(g) of Schedule 36 to the Finance Act 2004;]

“policy of life insurance” means any instrument by which the payment of money is assured on death (except death by accident only) or the happening of any contingency dependent on human life, or any instrument evidencing a contract which is subject to payment of premiums for a term dependent on human life;

“polygamous marriage” means any marriage during the subsistence of which a party to it is married to more than one person and the ceremony of marriage took place under the law of a country which permits polygamy;

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

(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;

[F26 “qualifying contributory benefit” means—

(a)

severe disablement allowance;

(b)

incapacity benefit;]

(c)

[F27 contributory employment and support allowance;]

“qualifying course” means a qualifying course as defined for the purposes of Parts II and IV of the Jobseeker’s Allowance Regulations;

[F28 “qualifying income-related benefit” means—

(a)

income support;

(b)

income-based jobseeker’s allowance;]

(c)

[F29 income-related employment and support allowance;]

“qualifying person” means a person in respect of whom payment has been made from the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund;

“rateable unit” means a hereditament as defined in Article 2(2) of the Rates (Northern Ireland) Order 1977;

[F30 “reckonable rent” means payments which a person is liable to make in respect of the dwelling which he occupies as his home, and which are eligible, or would, but for regulation 14, be eligible for housing benefit;

“registered housing association” means a housing association which is registered in a register maintained under Article 14 of the Housing (Northern Ireland) Order 1992;]

“relative” means a close relative, grandparent, grandchild, uncle, aunt, nephew or niece;

“relevant authority” means an authority administering housing benefit;

[F31 “relevant information” means information or evidence forwarded to the relevant authority by an appropriate office regarding a claim on which rent allowance may be awarded, which completes the transfer of all information or evidence held by the appropriate office relating to that claim;]

“remunerative work” has the meaning prescribed in regulation 6;

“rent” includes all those payments in respect of a dwelling specified in regulation 13(1);

“residential care home” has the meaning it has for the purposes of the Quality, Improvement and Regulation Order by virtue of Article 10 of that Order;

F32 ...

[F33 “sandwich course” has the meaning prescribed in regulation 2(8) of the Education (Student Support) Regulations (Northern Ireland) 2007, regulation 2(9) of the Education (Student Support) Regulations 2008 or regulation 4(2) of the Education (Student Loans) (Scotland) Regulations 2007, as the case may be;]

“savings credit” is to be construed in accordance with sections 1 and 3 of the State Pension Credit Act;

“self-employed earner” means a person who is gainfully employed in Northern Ireland or the Republic of Ireland otherwise than in employed earner’s employment (whether or not he is also employed in such employment);

“single claimant” means a claimant who neither has a partner nor is a lone parent;

“the Skipton Fund” means the ex-gratia payment scheme administered by the Skipton Fund Limited, incorporated on 25th March 2004, for the benefit of certain persons suffering from hepatitis C and other persons eligible for payment in accordance with the scheme’s provisions;

“sports award” means an award made by one of the Sports Councils named in section 23(2) of the National Lottery etc. Act 1993(28) out of sums allocated to it for distribution under that section;

[F34 “starting rate”, where it relates to the rate of tax, has the same meaning as in the Income Tax Act 2007 (see section 989 of that Act);]

“student” means a person, other than a person in receipt of a training allowance, who is attending or undertaking—

(a)

a course of study at an educational establishment; or

(b)

a qualifying course;

“tax year” means a period beginning with 6th April in one year and ending with 5th April in the next;

“training allowance” means an allowance (whether by way of periodical grants or otherwise) payable—

(a)

out of public funds by a government department or by or on behalf of the Department for Employment and Learning(29);

(b)

to a person for his maintenance or in respect of a member of his family; and

(c)

for the period, or part of the period, during which he is following a course of training or instruction provided by, or in pursuance of arrangements made with, a government department or approved by such department in relation to him or so provided or approved by or on behalf of the Department for Employment and Learning,

but it does not include an allowance paid by any government department to, or in respect of, a person by reason of the fact that he is following a course of full-time education, other than under arrangements provided under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(30) or made under section 1(1) of the 1950 Act, or is training as a teacher;

“voluntary organisation” means any association carrying on or proposing to carry on any activities otherwise than for the purpose of gain by the association or by individual members of the association;

“war widower’s pension” means any widower’s or surviving civil partner’s pension or allowance granted in respect of a death due to service or war injury and payable by virtue of the Air Force (Constitution) Act 1917(31), the Personal Injuries (Emergency Provisions) Act 1939(32), the Pensions (Navy, Army, Air Force and Mercantile Marine) Act 1939(33), the Polish Resettlement Act 1947(34) or Part VII or section 151 of the Reserve Forces Act 1980(35) or a pension or allowance for a widower or surviving civil partner granted under any scheme mentioned in section 641(1)(e) or (f) of the Income Tax (Earnings and Pensions) Act 2003(36);

[F35 “water charges” means any water and sewerage charges under Chapter I of Part VII of the Water and Sewerage Services (Northern Ireland) Order 2006 in so far as such charges are in respect of the dwelling which a person occupies as his home;]

“working tax credit” means a working tax credit under section 10 of the Tax Credits Act;

“the Working Tax Credit Regulations” means the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002(37);

“young individual” means a single claimant who has not attained the age of 25 years, but does not include such a claimant—

(a)

whose landlord is a registered housing association;

(b)

who has not attained the age of 22 years and has ceased to be the subject of a care order made pursuant to Article 50(1)(a) of the Children Order which had previously been made in respect to him either—

(i)

after he attained the age of 16 years, or

(ii)

before he attained the age of 16 years, but had continued after he attained that age; or

(c)

who has not attained the age of 22 years and was formerly provided with accommodation under Article 21 of the Children Order;

“young person” has the meaning prescribed in regulation 17(1).

(2) References in these Regulations to a person who is liable to make payments shall include references to a person who is treated as so liable under regulation 8.

(3) For the purposes of these Regulations, a person is on an income-based jobseeker’s allowance on any day in respect of which an income-based jobseeker’s allowance is payable to him and on any day—

(a) in respect of which he satisfies the conditions for entitlement to an income-based jobseeker’s allowance but where the allowance is not paid in accordance with Article 21 or 22A of the Jobseekers Order (circumstances in which a jobseeker’s allowance is not payable);

(b) which is a waiting day for the purposes of paragraph 4 of Schedule 1 to that Order and which falls immediately before a day in respect of which an income-based jobseeker’s allowance is payable to him or would be payable to him but for Article 21 or 22A of that Order;

(c) in respect of which he is a member of a joint-claim couple for the purposes of the Jobseekers Order and no joint-claim jobseeker’s allowance is payable in respect of that couple as a consequence of either member of that couple being subject to sanctions for the purposes of Article 22A of that Order; or

(d) in respect of which an income-based jobseeker’s allowance or a joint-claim jobseeker’s allowance would be payable but for a restriction imposed pursuant to section 6, 7, or 8 of the Social Security Fraud Act (Northern Ireland) 2001(38) (loss of benefit provisions).

[F36 (3A) For the purposes of these Regulations, a person is on an income-related employment and support allowance on any day in respect of which an income-related employment and support allowance is payable to him and on any day—

(a) in respect of which he satisfies the conditions for entitlement to an income-related employment and support allowance but where the allowance is not paid in accordance with section 18 of the Welfare Reform Act (disqualification); or

(b) which is a waiting day for the purposes of paragraph 2 of Schedule 2 to that Act and which falls immediately before a day in respect of which an income-related employment and support allowance is payable to him or would be payable to him but for section 18 of that Act.]

(4) For the purposes of these Regulations, the following shall be treated as included in a dwelling—

(a) subject to sub-paragraphs (b) and (c), any land (whether or not occupied by a structure) which is used for the purposes of occupying a dwelling as a home where either—

(i) the occupier of the dwelling acquired simultaneously the right to use the land and the right to occupy the dwelling, and, in the case of a person liable to pay rent for his dwelling, he could not have occupied that dwelling without also acquiring the right to use the land, or

(ii) the occupier of the dwelling has made or is making all reasonable efforts to terminate his liability to make payments in respect of the land;

(b) where the dwelling is a caravan or mobile home, such of the land on which it stands as is used for the purposes of the dwelling;

(c) where the dwelling is a houseboat, the land used for the purposes of mooring it.

(5) In these Regulations references to any person in receipt of a guarantee credit, a savings credit or state pension credit includes a reference to a person who would be in receipt thereof but for regulation 13 of the State Pension Credit Regulations (Northern Ireland) 2003(39) (small amounts of state pension credit).

(6) Subject to paragraphs (7) and (8), the Interpretation Act (Northern Ireland) 1954(40) shall apply to these Regulations as it applies to an Act of the Assembly.

(7) For the purposes of these Regulations and notwithstanding section 39(2) of the Interpretation Act (Northern Ireland) 1954, where a period of time is expressed to begin on, or to be reckoned from, a particular day, that day shall be included in the period.

(8) Without prejudice to any other method of service authorised under section 24 of the Interpretation Act (Northern Ireland) 1954, the requirement to send any document under these Regulations may be met by sending it by ordinary post.

Textual Amendments

F1 Words in reg. 2(1) inserted (20.12.2006) by The Housing Benefit (Electronic Communications) Order (Northern Ireland) 2006 (S.R. 2006/463), arts. 1, 3(2)(a)

F2 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(i)

F3 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(a)

F4 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(ii)

F5 Words in reg. 2(1) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(iii)

F6 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(b)

F7 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(iv)

F8 Words in reg. 2(1) inserted (20.12.2006) by The Housing Benefit (Electronic Communications) Order (Northern Ireland) 2006 (S.R. 2006/463), arts. 1, 3(2)(b)

F9 Words in reg. 2(1) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(c)

F10 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(v)

F11 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(d)

F12 Words in reg. 2(1) substituted (6.10.2008) by The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(2)(a)

F13 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(vi)

F14 Words in reg. 2(1) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(2)(a)

F15 Words in reg. 2(1) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(2)(b)

F16 Words in reg. 2(1) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(2)(c)

F17 Words in reg. 2(1) omitted (17.11.2008) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(2)(d)

F18 Words in reg. 2(1) inserted (1.10.2007) by The Independent Living Fund (2006) Order (Northern Ireland) 2007 (S.R. 2007/382), arts. 1(1), 8(b)

F19 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(e)

F20 Words in reg. 2(1) omitted (1.10.2007) by virtue of The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(2)(a)

F21 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(vii)

F22 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(f)

F23 Words in reg. 2(1) substituted (16.7.2007) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(2)(a)(i)

F24 Words in reg. 2(1) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(2)(a)(ii)

F25 Words in reg. 2(1) substituted (16.7.2007) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(2)(b)

F26 Words in reg. 2(1) inserted (6.10.2008) by The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(2)(b)

F27 Words in reg. 2(1) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(viii)

F28 Words in reg. 2(1) inserted (6.10.2008) by The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(2)(c)

F29 Reg. 2(1)(c) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(a)(ix)

F30 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(g)

F31 Words in reg. 2(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(2)(h)

F32 Words in reg. 2(1) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(2)(c)

F33 Words in reg. 2(1) substituted (19.5.2008) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2008 (S.R. 2008/179), regs. 1(1), 4

F34 Words in reg. 2(1) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(2)(b)

F35 Words in reg. 2(1) inserted (2.4.2007) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/196), regs. 1(1), 8(2)

F36 Reg. 2(3A) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(2)(b)

Modifications etc. (not altering text)

C1 Reg. 2 applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 13

C2 Reg. 2(1) applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 2(1)

C3 Reg. 2(2)-(8) applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 2(4)

Commencement Information

I2 Reg. 2 in operation at 20.11.2006, see reg. 1(1)

Definition of non-dependant N.I.

3.—(1) In these Regulations, “ non-dependant” means any person, except someone to whom paragraph (2) applies, who normally resides with a claimant or with whom a claimant normally resides.

(2) This paragraph applies to—

(a) any member of the claimant’s family;

(b) if the claimant is polygamously married, any partner of his and any child or young person who is a member of his household and for whom he or one of his partners is responsible;

(c) a child or young person who is living with the claimant but who is not a member of his household by virtue of regulation 19;

(d) subject to paragraph (3), a person who jointly occupies the claimant’s dwelling and is either a co-owner of that dwelling with the claimant or his partner (whether or not there are other co-owners) or is liable with the claimant or his partner to make payments in respect of his occupation of the dwelling;

(e) subject to paragraph (3)—

(i) any person who is liable to make payments on a commercial basis to the claimant or the claimant’s partner in respect of the occupation of the dwelling;

(ii) any person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling, or

(iii) any other member of the household of the person to whom or to whose partner the claimant or the claimant’s partner is liable to make payments on a commercial basis in respect of the occupation of the dwelling;

(f) a person who lives with the claimant in order to care for him or a partner of his and who is engaged by a charitable or voluntary organisation which makes a charge to the claimant or his partner for the services provided by that person.

(3) Sub-paragraphs (d) and (e) of paragraph (2) shall not apply to any person who is treated as if he were not liable to make payments in respect of a dwelling under regulation 9(1).

(4) For the purposes of this regulation and regulation 9 [F37 and the definition of “linked person” in regulation 2(1)] a person resides with another only if they share any accommodation except a bathroom, a lavatory or a communal area within the meaning prescribed in paragraph 8 of Schedule 1 but not if each person is separately liable to make payments in respect of his occupation of the dwelling to the landlord.

Textual Amendments

F37 Words in reg. 3(4) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(3)

Modifications etc. (not altering text)

C4 Regs. 3-6 applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 3

Commencement Information

I3 Reg. 3 in operation at 20.11.2006, see reg. 1(1)

Cases in which section 1(1A) of the Administration Act is disapplied N.I.

4.  Section 1(1A) of the Administration Act(41) (requirement to state national insurance number) shall not apply—

(a) to a claim for housing benefit where the person making the claim, or in respect of whom the claim is made, is liable to make payments in respect of a dwelling which is a hostel; or

(b) to any child or young person in respect of whom housing benefit is claimed.

Modifications etc. (not altering text)

C4 Regs. 3-6 applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 3

Commencement Information

I4 Reg. 4 in operation at 20.11.2006, see reg. 1(1)

Persons who have attained the qualifying age for state pension credit N.I.

5.—(1) Except as provided in paragraph (2), these Regulations apply to a person who has attained the qualifying age for state pension credit.

(2) These Regulations shall not apply in relation to any person if he, or if he has a partner, his partner, is a person on income support [F38 , on an income-based jobseeker’s allowance or on an income-related employment and support allowance] .

Textual Amendments

F38 Words in reg. 5(2) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(3)

Modifications etc. (not altering text)

C4 Regs. 3-6 applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 3

Commencement Information

I5 Reg. 5 in operation at 20.11.2006, see reg. 1(1)

Remunerative work N.I.

6.—(1) Subject to the following provisions of this regulation, a person shall be treated for the purposes of these Regulations as engaged in remunerative work if he is engaged, or, where his hours of work fluctuate, he is engaged on average, for not less than 16 hours a week, in work for which payment is made or which is done in expectation of payment.

(2) Subject to paragraph (3), in determining the number of hours for which a person is engaged in work where his hours of work fluctuate, regard shall be had to the average of hours worked over—

(a) if there is a recognisable cycle of work, the period of one complete cycle (including, where the cycle involves periods in which the person does no work, those periods but disregarding any other absences);

(b) in any other case, the period of 5 weeks immediately prior to the date of claim, or such other length of time as may, in the particular case, enable the person’s weekly average hours of work to be determined more accurately.

(3) Where, for the purposes of paragraph (2)(a), a person’s recognisable cycle of work at a school, other educational establishment or other place of employment is one year and includes periods of school holidays or similar vacations during which he does not work, those periods and any other periods not forming part of such holidays or vacations during which he is not required to work shall be disregarded in establishing the average hours for which he is engaged in work.

(4) Where no recognisable cycle has been established in respect of a person’s work, regard shall be had to the number of hours or, where those hours will fluctuate, the average of the hours, which he is expected to work in a week.

(5) A person shall be treated as engaged in remunerative work during any period for which he is absent from work referred to in paragraph (1) if the absence is either without good cause or by reason of a recognised, customary or other holiday.

(6) A person on income support [F39 , an income-based jobseeker’s allowance or an income-related employment and support allowance] for more than 3 days in any benefit week shall be treated as not being in remunerative work in that week.

(7) A person shall not be treated as engaged in remunerative work on any day on which the person is on maternity leave, paternity leave or adoption leave, or is absent from work because he is ill.

(8) A person shall not be treated as engaged in remunerative work on any day on which he is engaged in an activity in respect of which—

(a) a sports award has been made, or is to be made, to him; and

(b) no other payment is made or is expected to be made to him.

Textual Amendments

F39 Words in reg. 6(6) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(4)

Modifications etc. (not altering text)

C4 Regs. 3-6 applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 3

Commencement Information

I6 Reg. 6 in operation at 20.11.2006, see reg. 1(1)

PART II N.I. Provisions affecting entitlement to housing benefit

Modifications etc. (not altering text)

C5 Pt. II applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 11(1)

Circumstances in which a person is or is not to be treated as occupying a dwelling as his home N.I.

7.—(1) Subject to the following provisions of this regulation, a person shall be treated as occupying as his home the dwelling normally occupied as his home—

(a) by himself or, if he is a member of a family, by himself and his family; or

(b) if he is polygamously married, by himself, his partners and any child or young person for whom he or any partner of his is responsible and who is a member of that same household,

and shall not be treated as occupying any other dwelling as his home.

(2) In determining whether a dwelling is the dwelling normally occupied as a person’s home for the purpose of paragraph (1) regard shall be had to any other dwelling occupied by that person or any other person referred to in paragraph (1) whether or not that dwelling is in Northern Ireland.

(3) Where a single claimant or a lone parent is a student, other than one to whom regulation 53(1) of the Housing Benefit Regulations (circumstances in which certain students are treated as not liable to make payments in respect of a dwelling) applies, or is on a training course and is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling which he occupies for the purpose of attending his course of study or, his training course, or as the case may be, the dwelling which he occupies when not attending his course, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make such payments.

(4) Where a claimant has been required to move into temporary accommodation by reason of essential repairs being carried out to the dwelling normally occupied as his home, and is liable to make payments (including payments of mortgage interest or analogous payments) in respect of either (but not both) the dwelling which he normally occupied as his home or the temporary accommodation, he shall be treated as occupying as his home the dwelling in respect of which he is liable to make payments.

(5) Where a person is required by a court to reside in a dwelling which is a hostel, he shall not be treated as occupying that dwelling as his home.

(6) Where a person is liable to make payments in respect of 2 (but not more than 2) dwellings, he shall be treated as occupying both dwellings as his home only—

(a) for a period not exceeding 52 weeks in the case where he has left and remains absent from the former dwelling occupied as his home through fear of violence in that dwelling or by a former member of his family and—

(i) it is reasonable that housing benefit should be paid in respect of both his former dwelling and his present dwelling occupied as the home, and

(ii) he intends to return to occupy the former dwelling as his home;

(b) in the case of a couple or a member of a polygamous marriage, where he or one partner is a student, other than one to whom regulation 53(1) of the Housing Benefit Regulations applies, or is on a training course and it is unavoidable that the partners should occupy 2 separate dwellings and reasonable that housing benefit should be paid in respect of both dwellings;

(c) in the case where, because of the number of persons referred to in paragraph (1), they have been housed by the Executive in 2 separate dwellings;

(d) in the case where a person has moved into a new dwelling occupied as the home, except where paragraph (4) applies, for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of 2 dwellings; or

(e) in the case where a person—

(i) is treated by virtue of paragraph (8) as occupying a dwelling as his home (“the new dwelling”) and sub-paragraph (c)(i) of that paragraph applies, and

(ii) he has occupied another dwelling as his home on any day within the period of 4 weeks immediately preceding the date he moved to the new dwelling,

for a period not exceeding 4 benefit weeks immediately preceding the date on which he moved.

(7) Where—

(a) [F40 a person] a person has moved into a dwelling for which he is not liable to make payments (“the new dwelling”);

(b) immediately before that move, he was liable to make payments for the dwelling he previously occupied as his home (“the former dwelling”); and

(c) that liability continues after he has moved into the new dwelling,

he shall be treated as occupying the former dwelling as his home for a period not exceeding 4 benefit weeks if he could not reasonably have avoided liability in respect of that former dwelling.

(8) [F41 Where] —

(a) has moved into a dwelling and was liable to make payments in respect of that dwelling before moving in;

[F42 (b) either—

(i) that person had claimed housing benefit before moving in and either no decision has yet been made on that claim or it has been refused but a further claim has been made or treated as made within 4 weeks of the date on which the claimant moved into the new dwelling occupied as the home, or

(ii) that person notified the move to the new dwelling as a change of circumstances under regulation 65 before the move, or the move to the new dwelling was otherwise notified before the move under that regulation; and]

(c) the delay in moving into the dwelling in respect of which there was liability to make payments before moving in was reasonable and—

(i) that delay was necessary in order to adapt the dwelling to meet the disablement needs of that person or any member of his family;

(ii) the move was delayed pending the outcome of an application under Part VIII of the Act for a social fund payment to meet a need arising out of the move or in connection with setting up the home in the dwelling and either a member of the claimant’s family is aged 5 or under or the claimant is a person who has attained or whose partner has attained the qualifying age for state pension credit, or

(iii) the claimant became liable to make payments in respect of the dwelling while he was a patient or in residential accommodation,

[F43 the person shall be treated] as occupying the dwelling as his home for any period not exceeding 4 weeks immediately prior to the date on which he moved into the dwelling and in respect of which he was liable to make payments.

(9) Where a person is treated by virtue of paragraph (8) as occupying a dwelling as his home in respect of the period before moving in, his claim for housing benefit in respect of that dwelling shall be treated as having been made on—

(a) in the case of a claim in respect of which a decision has not yet been made the date that claim was or was treated as made in accordance with regulation 62;

(b) in the case of a claim for housing benefit in respect of that dwelling which has been refused and a further claim was or was treated as made in accordance with Part IX within 4 weeks of the date on which he moved into the dwelling, the date on which the claim was refused or was treated as made; or

(c) the date from which he is treated by virtue of paragraph (8) as occupying the dwelling as his home,

whichever of those dates is the later.

(10) Where a person to whom neither paragraph (6)(a) or (16)(c)(x) applies—

(a) formerly occupied a dwelling but has left and remains absent from it through fear of violence—

(i) in the dwelling, or

(ii) by a person who was formerly a member of the family of the person first mentioned; and

(b) has a liability to make payments in respect of that dwelling which is unavoidable,

he shall be treated as occupying the dwelling as his home for a period not exceeding 4 benefit weeks.

(11) This paragraph shall apply to a person who enters residential accommodation—

(a) for the purpose of ascertaining whether the accommodation suits his needs;

(b) with the intention of returning to the dwelling which is normally occupied by him as his home should, in the event, the residential accommodation prove not to suit his needs; and

(c) while the part of the dwelling which is normally occupied by him as his home is not let, or as the case may be, sublet.

(12) A person to whom paragraph (11) applies shall be treated as if he is occupying the dwelling he normally occupies as his home for a period not exceeding, subject to an overall limit of 52 weeks on the absence from that home, 13 weeks beginning from the first day he enters a residential accommodation.

(13) Subject to paragraph (17), a person shall be treated as occupying a dwelling as his home while he is temporarily absent therefrom for a period not exceeding 13 weeks beginning from the first day of that absence from the home only if—

(a) he intends to return to occupy the dwelling as his home;

(b) the part of the dwelling normally occupied by him has not been let or, as the case may be, sublet; and

(c) the period of absence is unlikely to exceed 13 weeks.

(14) This paragraph applies to a person who is—

(a) detained in custody pending sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the provisions of the Mental Health (Northern Ireland) Order 1986(42); and

(b) on temporary release from such detention in accordance with Rules made under the provisions of the Prison Act (Northern Ireland)1953(43).

(15) Where paragraph (14) applies to a person, then, for any day when he is on temporary release—

(a) if such temporary release was immediately preceded by a period of temporary absence under paragraph (13) or (16), he shall be treated as if he continues to be absent from the dwelling, despite any occupation of the dwelling;

(b) for the purposes of paragraph (16)(c)(i), he shall be treated as if he remains in detention; and

(c) if he does not fall within sub-paragraph (a), he shall be treated as if he does not occupy his dwelling as his home despite any such occupation of the dwelling.

(16) This paragraph shall apply to a person who is temporarily absent from the dwelling he normally occupies as his home (“absence”), if—

(a) he intends to return to occupy the dwelling as his home;

(b) while the part of the dwelling which is normally occupied by him has not been let or, as the case may be, sublet;

(c) he is—

(i) detained in custody on remand pending trial or, as a condition of bail, required to reside in a dwelling, other than the dwelling he occupies as his home or, detained pending sentence upon conviction;

(ii) resident in a hospital or similar institution as a patient;

(iii) undergoing, or as the case may be, his partner or his dependent child is undergoing, in the United Kingdom or elsewhere, medical treatment, or medically approved convalescence, in accommodation other than residential accommodation;

(iv) following, in the United Kingdom or elsewhere, a training course;

(v) undertaking medically approved care of a person residing in the United Kingdom or elsewhere;

(vi) undertaking the care of a child whose parent or guardian is temporarily absent from the dwelling normally occupied by that parent or guardian for the purpose of receiving medically approved care or medical treatment;

(vii) a person who is, in the United Kingdom or elsewhere, receiving medically approved care provided in accommodation other than residential accommodation;

(viii) a student to whom paragraph (3) or (6)(b) does not apply;

(ix) a person who is receiving care provided in residential accommodation other than a person to whom paragraph (11) applies, or

(x) a person who has left the dwelling he occupies as his home through fear of violence, in that dwelling, or by a person who was formerly a member of the family of the person first mentioned, and to whom paragraph (6)(a) does not apply; and

(d) the period of his absence is unlikely to exceed 52 weeks or, in exceptional circumstances, is unlikely substantially to exceed that period.

(17) A person to whom paragraph (16) applies shall be treated as occupying the dwelling he normally occupies as his home during any period of absence not exceeding 52 weeks beginning from the first day of that absence.

(18) In this regulation—

“medically approved” means certified by a medical practitioner;

“patient” means a person who is undergoing medical or other treatment as an in-patient in any hospital or similar institution;

“residential accommodation” means accommodation which is provided in—

(a)

a residential care home;

(b)

a nursing home;

(c)

an independent hospital;

(d)

an Abbeyfield Home; or

(e)

an establishment managed or provided by a body incorporated by Royal Charter or constituted by a statutory provision;

“training course” means a course of training or instruction provided wholly or partly by or on behalf of or in pursuance of arrangements made with, or approved by or on behalf of, a government department.

Textual Amendments

F40 Words in reg. 7(8)(a) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(3)(b)

F41 Word in reg. 7(8) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(3)(a)

F42 Reg. 7(8)(b) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(3)(c)

F43 Words in reg. 7(8)(b) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(3)(d)

Commencement Information

I7 Reg. 7 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which a person is to be treated as liable to make payments in respect of a dwelling N.I.

8.—(1) Subject to regulation 9, the following persons shall be treated as if they were liable to make payments in respect of a dwelling—

(a) the person who is liable to make those payments;

(b) a person who is a partner of the person to whom sub-paragraph (a) applies;

(c) a person who has to make the payments if he is to continue to live in the home because the person liable to make them is not doing so and either—

(i) he was formerly a partner of the person who is so liable, or

(ii) he is some other person whom it is reasonable to treat as liable to make the payments;

(d) a person whose liability to make such payments is waived by his landlord as reasonable compensation in return for works actually carried out by the tenant in carrying out reasonable repairs or redecoration which the landlord would otherwise have carried out or be required to carry out but this sub-paragraph shall apply only for a maximum of 8 benefit weeks in respect of any one waiver of liability;

(e) a person who is a partner of a student to whom regulation 53(1) of the Housing Benefit Regulations applies.

(2) A person shall be treated as liable to make a payment in respect of a dwelling for the whole of the period in, or in respect of, which the payment is to be made notwithstanding that the liability is discharged in whole or in part either before or during that period and, where the amount which a person is liable to pay in respect of a period is varied either during or after that period, he shall, subject to regulations 57 to 60, be treated as liable to pay the amount as so varied during the whole of that period.

Commencement Information

I8 Reg. 8 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling N.I.

9.—(1) A person who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable where—

(a) the tenancy or other agreement pursuant to which he occupies the dwelling is not on a commercial basis;

(b) his liability under the agreement is to a person who also resides in the dwelling and who is a close relative of his or of his partner;

(c) his liability under the agreement is—

(i) to his former partner and is in respect of a dwelling which he and his former partner occupied before they ceased to be partners, or

(ii) to his partner’s former partner and is in respect of a dwelling which his partner and his partner’s former partner occupied before they ceased to be partners;

(d) he is responsible, or his partner is responsible, for a child of the person to whom he is liable under the agreement;

(e) subject to paragraph (3), his liability under the agreement is to a company or a trustee of a trust of which—

(i) he or his partner;

(ii) his or his partner’s close relative who resides with him, or

(iii) his or his partner’s former partner,

is, in the case of a company, a director or an employee, or, in the case of a trust, a trustee or a beneficiary;

(f) his liability under the agreement is to a trustee of a trust of which his or his partner’s child is a beneficiary;

(g) subject to paragraph (3), before the liability was created, he was a non-dependant of someone who resided, and continues to reside, in the dwelling;

(h) he previously owned, or his partner previously owned, the dwelling in respect of which the liability [F44 in respect of rent] arises and less than 5 years have elapsed since he or, as the case may be, his partner, ceased to own the property, save that this sub-paragraph shall not apply where he satisfies the appropriate authority that he or his partner could not have continued to occupy that dwelling without relinquishing ownership;

(i) his occupation, or his partner’s occupation, of the dwelling is a condition of his or his partner’s employment by the landlord;

(j) he is a member of, and is wholly maintained (disregarding any liability he may have to make payments in respect of the dwelling he occupies as his home) by, a religious order;

(k) he is in residential accommodation;

(l) in a case to which the preceding sub-paragraphs do not apply, the appropriate authority is satisfied that the liability was created to take advantage of the housing benefit scheme established under Part VII of the Act.

(2) In determining whether a tenancy or other agreement pursuant to which a person occupies a dwelling is not on a commercial basis regard shall be had inter alia to whether the terms upon which the person occupies the dwelling include terms which are not enforceable at law.

(3) Paragraph (1)(e) and (g) shall not apply in a case where the person satisfies the appropriate authority that the liability was not intended to be a means of taking advantage of the housing benefit scheme.

(4) In this regulation “residential accommodation” means accommodation which is provided in—

(a) a residential care home;

(b) a nursing home; or

(c) an independent hospital.

Textual Amendments

F44 Words in reg. 9(1)(h) inserted (1.6.2007) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/266), regs. 1(1), 4(2)

Commencement Information

I9 Reg. 9 in operation at 20.11.2006, see reg. 1(1)

Persons from abroad N.I.

10.—(1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A (entitlement of a refugee to housing benefit) and Schedule A1(44) (treatment of claims for housing benefit by refugees) apply.

(2) In paragraph (1), “person from abroad” means, subject to the following provisions of this regulation, a person who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland.

(3) No person shall be treated as habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland unless he has a right to reside in (as the case may be) the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland other than a right to reside which falls within paragraph (4).

(4) A right to reside falls within this paragraph if it is one which exists by virtue of, or in accordance with, one or more of the following—

(a) regulation 13 of the Immigration (European Economic Area) Regulations 2006(45);

(b) regulation 14 of those Regulations, but only in a case where the right exists under that regulation because the person is—

(i) a jobseeker for the purpose of the definition of “qualified person” in regulation 6(1) of those Regulations, or

(ii) a family member (within the meaning of regulation 7 of those Regulations) of such a jobseeker;

(c) Article 6 of Council Directive No. 2004/38/EC(46); or

(d) Article 39 of the Treaty establishing the European Community (in a case where the person is seeking work in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland).

(5) A person is not a person from abroad if he is—

(a) a worker for the purposes of Council Directive No. 2004/38/EC;

(b) a self-employed person for the purposes of that Directive;

(c) a person who retains a status referred to in sub-paragraph (a) or (b) pursuant to Article 7(3) of that Directive;

(d) a person who is a family member of a person referred to in sub-paragraph (a), (b) or (c) within the meaning of Article 2 of that Directive;

(e) a person who has a right to reside permanently in the United Kingdom by virtue of Article 17 of that Directive;

(f) a person who is an accession State worker requiring registration who is treated as a worker for the purpose of the definition of “qualified person” in regulation 6(1) of the Immigration (European Economic Area) Regulations 2006 pursuant to regulation 5 of the Accession (Immigration and Worker Registration) Regulations 2004(47);

(g) a refugee;

(h) a person who has exceptional leave to enter or remain in the United Kingdom granted outside the rules made under section 3(2) of the Immigration Act 1971(48);

(i) a person who has humanitarian protection granted under those rules;

(j) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999(49) and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom;

(k) a person in Northern Ireland who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption; or

(l) on state pension credit.

(6) Paragraph 1 of Part 1 of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000(50) shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended).

(7) In this regulation “refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees(51).

Commencement Information

I10 Reg. 10 in operation at 20.11.2006, see reg. 1(1)

PART III N.I. Payments in respect of a dwelling

Modifications etc. (not altering text)

C6 Pt. III applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 14

Eligible housing costs N.I.

11.—(1) Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulation 12(1) and 13(1) and a claimant’s maximum housing benefit shall be calculated under Part VII by reference to—

(a) in the case of a rate rebate, the amount of his eligible rates determined in accordance with regulation 12(3); and

[F45 (b) in the case of a rent rebate or allowance, the amount of his eligible rent determined in accordance with—

(i) regulation 13A;

(ii) regulations 13B, 14, 14A and 14B;

(iii) regulations 13C, 14C and 14D, or

(iv) regulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

whichever is applicable in his case.]

(2) Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 13(1), is increased on account of—

(a) outstanding arrears of any payment or charge; or

(b) any other unpaid payment or charge,

to which [F46 paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 13A] or Schedule 1 refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.

Textual Amendments

F45 Reg. 11(1)(b) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(4)(a)

F46 Words in reg. 11(2) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(4)(b)

Commencement Information

I11 Reg. 11 in operation at 20.11.2006, see reg. 1(1)

Rates N.I.

12.—(1) The payments in respect of which housing benefit is payable in the form of a rate rebate are the payments by way of rates in respect of the dwelling which a person occupies as his home.

(2) Where the person is liable to make payments only of such a kind as are specified in regulation 13(1) in respect of the dwelling which he occupies as his home and which comprises part only of a rateable unit, the proportion of those payments equal to the proportion of the rates payable in respect of the rateable unit as a whole which appears to the appropriate authority to be referable to his dwelling shall be treated as payments by way of rates for the purpose of paragraph (1).

(3) Subject to any apportionment in accordance with paragraphs (4) and (5) the amount of a person’s eligible rates shall be the amount of the payments by way of rates referred to in paragraph (1), or, as the case may be, (2).

(4) Where a rateable unit consists partly of residential accommodation and partly of other accommodation, only such proportion of the rates payable for that rateable unit as is referable to the residential accommodation shall count as eligible rates for the purpose of these Regulations.

(5) Subject to paragraph (6), where more than one person is liable to make payments by way of rates in respect of a dwelling, the rates payable in respect of that dwelling shall be apportioned for the purposes of calculating the eligible rates for each such person having regard to all the circumstances, in particular the number of such persons and the proportion of rates paid by each such person.

(6) Paragraph (5) shall not apply to any person so residing with the claimant who is a student to whom regulation 53(1) of the Housing Benefit Regulations applies.

Commencement Information

I12 Reg. 12 in operation at 20.11.2006, see reg. 1(1)

Rent N.I.

13.—(1) Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home—

(a) payments of, or by way of, rent;

(b) payments in respect of a licence or permission to occupy the dwelling;

(c) payments by way of mesne profits;

(d) payments in respect of, or in consequence of, use and occupation of the dwelling;

(e) payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends;

(f) mooring charges payable for a houseboat;

(g) where the home is a caravan or a mobile home, payments in respect of the site on which it stands; and

(h) payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid.

(2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments—

(a) payments by an owner;

(b) payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; F47 ...

(c) payments by a person who is eligible for a rent rebate or allowance under a scheme operated by the Ministry of Defence; [F48 and

(d) payments by a person in respect of a dwelling where his partner is an owner of that dwelling.]

F49 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 [F50 (6A)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F49 (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8) In this regulation [F51 , regulation 13A] and Schedule 1—

“service charges” means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling;

“services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling.

Textual Amendments

F47 Word in reg. 13(2)(b) omitted (1.10.2007) by virtue of The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/266), regs. 1(2), 4(3)(a)

F48 Reg. 13(2)(d) and word added (1.10.2007) by The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/266), regs. 1(2), 4(3)(b)

F49 Reg. 13(3)-(7) omitted (with application in accordance with reg. 1(3) (4) of the amending Rule) by virtue of The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(5)(a)

F50 Reg. 13(6A) inserted (2.4.2007) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/196), regs. 1(1), 8(3)(b)

F51 Words in reg. 13(8) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(5)(b)

Commencement Information

I13 Reg. 13 in operation at 20.11.2006, see reg. 1(1)

[F52 Eligible rent N.I.

13A.— (1) The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where regulations 13B or 13C apply, or paragraph 4 of Schedule 3 to the Consequential Provisions Regulations applies.

(2) Subject to paragraphs (3), (4) and (7), the amount of a person’s eligible rent shall be the aggregate of such payments specified in regulation 13(1) as that person is liable to pay less—

(a) except where he is separately liable for rates, an amount determined in accordance with paragraph (5);

(b) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6);

(c) where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and

(d) where he is liable to make payments in respect of any service charges to which regulation 13(1)(e) does not apply, but to which paragraph 3(2) of Schedule 1 applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of Schedule 1.

(3) Where the payments specified in regulation 13(1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion of those payments as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations.

(4) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in regulation 13(1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person.

(5) The amount of the deduction in respect of rates referred to in paragraph (2) shall be—

(a) if the dwelling occupied by the claimant is a single rateable unit, the amount of the rates payable in respect of the rateable unit as a whole; or

(b) if the dwelling comprises part only of a rateable unit, the amount treated as a payment by way of rates by virtue of regulation 12(2).

(6) The amount of the deduction referred to in paragraph (2) shall be—

(a) if the dwelling occupied by the claimant is a self-contained unit, except in a case to which sub-paragraph (c) applies, the amount of the charges;

(b) in any other case, except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part;

(c) where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant.

(7) In any case where it appears to the Executive that in the particular circumstances of that case the eligible rent as determined in accordance with the preceding paragraphs of this regulation is greater than it is reasonable to meet by way of housing benefit, the eligible rent shall be such lesser sum as seems to the Executive to be an appropriate rent in that particular case.

Textual Amendments

F52 Regs. 13A-13C inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(6)

Eligible rent and maximum rent N.I.

13B.— (1) This regulation applies where a maximum rent has been, or is to be, determined in accordance with regulation 14.

(2) Where this regulation applies, the amount of a person’s eligible rent shall be the maximum rent, subject to paragraphs (3), (4) and (7) of regulation 13A.

Textual Amendments

F52 Regs. 13A-13C inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(6)

Eligible rent and maximum rent (LHA) N.I.

13C.— (1) This regulation applies where, by virtue of paragraphs (2) or (3) of regulation 14C, a maximum rent (LHA) has been, or is to be, determined in accordance with regulation 14D.

(2) Where this regulation applies, except where paragraphs (3)(a) or (5)(a) apply,—

(a) the amount of a person’s eligible rent shall be the maximum rent (LHA); and

(b) it shall apply until the earlier of—

(i) the determination of a maximum rent (LHA) by virtue of regulation 14C(2)(d);

(ii) the determination of a maximum rent (LHA) by virtue of regulation 14C(3), or

(iii) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A.

(3) Subject to paragraph (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a), (b) or (d)(i) or (ii) and the claimant occupies a dwelling which is the same as that occupied by him at the date of death of any linked person, the eligible rent shall be—

(a) either—

(i) the eligible rent which applied on the day before the death occurred, or

(ii) in a case where there was no eligible rent, subject to regulation 13A(3), (4) and (7), the reckonable rent due on that day; or

(b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent determined in accordance with sub-paragraph (a).

(4) For the purpose of paragraph (3), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 is satisfied and for that purpose paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted.

(5) Subject to paragraphs (6) and (7), where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C(2)(a) or (b) and the Executive is satisfied that the claimant or a linked person was able to meet the financial commitments for his dwelling when they were entered into, the eligible rent shall be—

(a) an eligible rent determined in accordance with regulation 13A(2); or

(b) the eligible rent determined in accordance with paragraph (2), where it is equal to or more than the eligible rent referred to in sub-paragraph (a).

(6) Paragraph (5) shall not apply where a claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit.

(7) Where a person’s eligible rent has been determined in accordance with—

(a) paragraph (3)(a), it shall apply until the first of the following events occurs—

(i) the period of 12 months from the date of death has expired;

(ii) the Executive determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 14C(2)(d)(iii);

(iii) the determination of an eligible rent in accordance with paragraph (3)(a) in relation to a subsequent death, or

(iv) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A;

(b) paragraph (5)(a), it shall apply until the first of the following events occurs—

(i) the first 13 weeks of the claimant’s award of housing benefit have expired;

(ii) the Executive determines an eligible rent in accordance with paragraph (2) which is equal to or exceeds it or is based on a maximum rent (LHA) determined by virtue of regulation 14C(2)(d)(iii);

(iii) the determination of an eligible rent in accordance with paragraph (3)(a), or

(iv) the determination of a maximum rent by virtue of regulation 14 or an eligible rent under regulation 13A.

(8) Where an eligible rent ceases to apply by virtue of paragraph (7)(a)(i) or (b)(i) the eligible rent that shall apply instead shall be the one which would have applied but for paragraphs (3)(a) and (5)(a).]

Textual Amendments

F52 Regs. 13A-13C inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(6)

Maximum rent N.I.

[F53 14.— (1) Where the Executive has made a decision in accordance with Schedule 2, the maximum rent shall be determined in accordance with paragraphs (2) to (6).

(2) In a case where a claim-related rent has been decided, but a local reference rent is not required, the maximum rent shall be that claim-related rent.

(3) Subject to the limit specified in paragraph (4), in a case where both a local reference rent and a claim-related rent has been decided, the maximum rent shall be the local reference rent.

(4) In a case to which paragraph 8 of Schedule 3 to the Consequential Provisions Regulations applies, where a local reference rent has been decided, the maximum rent shall not exceed twice that local reference rent.

(5) Where the maximum rent is derived from—

(a) a claim-related rent and an ineligible amount in respect of meals has been included in that claim-related rent; or

(b) a local reference rent and an ineligible amount in respect of meals has been included in that local reference rent,

in determining the maximum rent the Executive shall deduct an amount determined in accordance with paragraph 2 of Schedule 1 in respect of meals.

(6) This regulation is subject to regulations 14A and 14B.

(7) In this regulation—

“claim-related rent” means the rent decided by the Executive under paragraph 6 of Schedule 2;

“local reference rent” means the rent decided by the Executive under paragraph 4 of Schedule 2.

Textual Amendments

F53 Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(7)

Change in reckonable rent N.I.

14B.— (1) In a case where—

(a) the Executive has determined a maximum rent under regulation 14 or 14A; and

(b) during the period for which that maximum rent applies the reckonable rent in respect of the dwelling by reference to which that maximum rent was determined is reduced to a sum which is less than that maximum rent,

the maximum rent shall be reduced to an amount equal to the reduced reckonable rent.

(2) This paragraph applies in a case where—

(a) the Executive has made a decision under regulation 16(1);

(b) subsequent to that decision the reckonable rent for that dwelling is changed; and

(c) a maximum rent is to be determined in relation to a claim for housing benefit by a claimant.

(3) In a case to which paragraph (2) applies, where the reckonable rent is reduced to a figure below the figure that would have been the maximum rent if the reckonable rent had not changed, the maximum rent shall be the reckonable rent as so reduced.

(4) In any other case to which paragraph (2) applies, the Executive shall treat the reckonable rent to be that applicable to the decision referred to in paragraph (2)(a).

Textual Amendments

F53 Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(7)

When a maximum rent (LHA) is to be determined N.I.

14C.— (1) The Executive shall determine a maximum rent (LHA) in accordance with regulation 14D in any case where paragraphs (2) or (3) apply.

(2) This paragraph applies where the Executive has received—

(a) a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(b) relevant information regarding a claim on which a rent allowance may be awarded, where the date of claim falls on or after 7th April 2008;

(c) in relation to an award of housing benefit where the eligible rent was determined without reference to regulation 14D, a notification of a change of dwelling (as defined in regulation 2) where the change occurs on or after 7th April 2008; or

(d) in relation to an award of housing benefit where a maximum rent (LHA) was determined in accordance with regulation 14D—

(i) notification of a change of a kind which affects the category of dwelling applicable to the claim;

(ii) notification of the death of a linked person, where the notification does not fall within head (i), or

(iii) notification of a change of dwelling.

(3) This paragraph applies on the anniversary of the LHA date.

(4) Where the LHA date is 29th February, the anniversary of the LHA date shall be 28th February.

(5) This regulation does not apply in a case where—

(a) the landlord is a registered housing association;

(b) paragraph 4(1)(b) of Schedule 3 to the Consequential Provisions Regulations (savings provision) applies;

(c) the tenancy is an excluded tenancy under paragraph 4 or 5 of Schedule 3;

(d) the claim or award relates to—

(i) periodical payments of a kind falling within regulation 13(1) which a person is liable to make in relation to a houseboat, caravan or mobile home which he occupies as his home, or

(ii) rent payable in relation to a hostel; or

(e) a substantial part of the rent under the tenancy is fairly attributable to board and attendance.

(6) In this regulation “the LHA date” means the date by reference to which the local housing allowance used to determine the maximum rent (LHA) was identified.

Textual Amendments

F53 Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(7)

Determination of a maximum rent (LHA) N.I.

14D.— (1) Subject to paragraphs (3) to (9), the maximum rent (LHA) shall be the local housing allowance determined by virtue of regulation 3(2) or (4)(a) of the Executive Determinations Regulations which is applicable to—

(a) the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date; and

(b) the category of dwelling which applies at the relevant date in accordance with paragraph (2).

(2) The category of dwelling which applies is—

(a) the category specified in paragraph 1(1)(a) of the Schedule to the Executive Determinations Regulations (one bedroom shared accommodation) where sub-paragraph (b) does not apply because neither sub-paragraph (b)(i) nor (ii) are satisfied in the claimant’s case and—

(i) neither the claimant nor his partner (where he has one) is a person to whom paragraph 6 of Schedule 4 applies, or

(ii) the claimant’s partner is not a care leaver;

(b) the category specified in paragraph 1(1)(b) of the Schedule to the Executive Determinations Regulations (one bedroom self-contained accommodation) where that applies in the claimant’s case at the relevant date in accordance with the size criteria as set out in paragraph (3) and—

(i) the claimant (together with his partner where he has one) has the exclusive use of 2 or more rooms, or

(ii) the claimant (together with his partner where he has one) has the exclusive use of one room, a bathroom and toilet and a kitchen or facilities for cooking,

and in this sub-paragraph “room” means a bedroom or room suitable for living in except for a room which the claimant shares with any person other than a member of his household, a non-dependant of his, or a person who pays rent to him or his partner;

(c) in any other case, the category which corresponds with the number of bedrooms to which the claimant is entitled in accordance with paragraph (3).

(3) The claimant shall be entitled to one bedroom for each of the following categories of occupier (and each occupier shall come within the first category only which applies to him)—

(a) a couple;

(b) a person who is not a child;

(c) 2 children of the same sex;

(d) 2 children who are less than 10 years old;

(e) a child.

(4) The Executive shall determine —

(a) the cap rent (in accordance with the definition in paragraph (10)); and

(b) whether the cap rent exceeds the applicable local housing allowance.

(5) Where the applicable local housing allowance exceeds the cap rent, for the purpose of determining the appropriate maximum housing benefit, the amount of the claimant’s liability shall be the amount of the applicable local housing allowance.

(6) Where paragraph (5) applies, the maximum rent (LHA) shall be the lower of—

(a) the applicable local housing allowance; or

(b) the amount equal to the cap rent determined in accordance with paragraph (4)(a) plus £15.

(7) Where no local housing allowance applicable to a claim or award of housing benefit falling within paragraph (2)(c) has been determined, the Executive shall—

(a) make local housing allowance determinations for the category of dwelling applicable to the claim or award of housing benefit for each broad rental market area at the relevant date; and

(b) apply the local housing allowance so determined for the broad rental market area in which the dwelling to which the claim or award of housing benefit relates is situated at the relevant date.

(8) Subject to paragraph (9), where—

(a) the Executive receives a request from a person stating that—

(i) he is contemplating occupying as his home a dwelling which contains a specified number of bedrooms, exceeding 5, and

(ii) that if he does so, he is likely to claim housing benefit; and

(b) no local housing allowance determination is in effect for a broad rental market area for the category of dwelling containing the number of bedrooms specified in the request,

the Executive shall make local housing allowance determinations for each broad rental market area for the category of dwelling containing the number of bedrooms specified in the request, and in this paragraph “bedroom” has the meaning specified in paragraph 1(2) of the Schedule to the Executive Determinations Regulations.

(9) The request must—

(a) be made on a form approved by the Executive for the purpose of making a request under paragraph (8);

(b) be properly completed; and

(c) contain the following matters—

(i) the signature of the prospective occupier;

(ii) the signature of the person to whom the prospective occupier would incur liability to make such payments;

(iii) a statement that the person in head (ii) agrees to the application being made for that determination, and

(iv) an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit.

(10) In this regulation—

“cap rent” means the aggregate of such payments specified in regulation 13(1) which the claimant is liable to pay, or is treated as liable to pay by virtue of regulation 8, subject to regulation 13A(3), (4) and (7);

“care leaver” means a person who has not attained the age of 22 and—

(a)

has ceased to be the subject of a care order made pursuant to Article 50(1)(a) of the Children Order which had previously been made in respect to him either—

(i)

after he attained the age of 16 years, or

(ii)

before he attained the age of 16 years, but had continued after he attained that age; or

(b)

was formerly provided with accommodation under Article 21 of the Children Order;

“occupiers” means the persons whom the Executive is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household;

“relevant date” means, as the case may require—

(a)

the date of the claim to which the claim or relevant information referred to in regulation 14C(2)(a) or (b) relates;

(b)

the date of the change of dwelling, change which affects the category of dwelling, or date of death, to which a notification referred to in regulation 14C(2)(c) or (d) relates; or

(c)

the date on which the anniversary of the LHA date referred to in regulation 14C(3) falls;

“tenancy” includes a licence to occupy premises, and reference to a tenant or any other expression appropriate to a tenancy shall be construed accordingly.

Textual Amendments

F53 Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(7)

Publication of local housing allowances N.I.

14E.   The Executive shall take such steps as appear to it to be appropriate for the purpose of securing that information in relation to broad rental market areas, and local housing allowances applicable to such broad rental market areas, is brought to the attention of persons who may be entitled to housing benefit from the Executive.

Textual Amendments

F53 Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(7)

Amended determinations N.I.

14F.— (1) This regulation applies where a decision has been revised in consequence of an amended broad rental market area determination or amended local housing allowance determination.

(2) Where that amended determination has led to a reduction in the maximum rent (LHA) applicable to a claimant, the amended determination shall be a change of circumstances in relation to that claimant.

(3) Where that amended determination has led to an increase in the maximum rent (LHA) applicable to a claimant, the amended determination shall have effect in place of the original determination.]

Textual Amendments

F53 Regs. 14-14F substituted for reg. 14 (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(7)

Decisions N.I.

15.—(1) Subject to paragraph (3), in respect of a claim for rent allowance [F54 where a maximum rent (LHA) does not fall to be determined under regulation 14C] the Executive shall—

(a) make the decision in accordance with Part I of Schedule 2; and

(b) comply with Part II of Schedule 2 when making the decision.

(2) The Executive, on the first working day of each month, shall—

(a) make a decision in accordance with Part III of Schedule 2; and

(b) comply with paragraph 8(2) of Schedule 2 when making the decision.

(3) No decision shall be made—

(a) under paragraph 3, 4 or 5 of Schedule 2 if the tenancy is of residential accommodation, within the meaning of regulation 9(4), or in a hostel;

(b) for a tenancy under Schedule 3; or

(c) under paragraph 5 of Schedule 2 unless the Executive is satisfied that the claimant is, or may be, a young individual.

(4) This regulation shall apply as specified in Part V of Schedule 2 in relation to—

(a) mooring charges payable for a houseboat;

(b) payments in respect of the site on which a caravan or a mobile home stands; or

(c) payments under a rental purchase agreement.

Textual Amendments

F54 Words in reg. 15(1) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(8)

Commencement Information

I14 Reg. 15 in operation at 20.11.2006, see reg. 1(1)

Pre-tenancy decisions N.I.

16.— [F55 (1) Except in the case where any liability to make payments in respect of a dwelling would be to the Executive, a decision shall be made by the Executive of the amount of rent which may be used in the calculation of housing benefit, where a request is received from a person (“the prospective occupier”), on a properly completed form approved for the purpose by the Executive, which includes the specified matters and any of the circumstances specified in regulation 14C(5)(a) to (d) apply.]

(2) A decision by the Executive shall not be required under paragraph (1) where a request relates to—

(a) a dwelling in a hostel if, during the period of 12 months which ends on the day on which that request is received by the Executive—

(i) the Executive has already made a decision in accordance with Schedule 2 in respect of a dwelling in that hostel which is a similar dwelling to the dwelling to which the request relates, and

(ii) there has been no change relating to a rent allowance that has affected the dwelling in respect of which that decision was made; or

(b) an “excluded tenancy” within the meaning of Schedule 3.

(3) Where the Executive receives a request pursuant to paragraph (1) it shall make a decision within 7 days of receipt of that request except it is a case where, by reason of paragraph (2), a decision in accordance with Schedule 2 is not required, where the Executive shall—

(a) return it to the prospective occupier, indicating why no such application is required; and

(b) where it is not required by reason of either paragraph (2)(a) of this regulation or paragraph 2 of Schedule 3, also send him a copy of the previous decision within 4 days of the receipt of that request.

(4) For the purpose of calculating the period of days mentioned in paragraph (3)(b), no regard shall be had to a day in which the offices of the Executive are closed for the purposes of receiving or deciding claims.

(5) In this regulation—

“change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 3 applies;

“prospective occupier” shall include a person currently in receipt of housing benefit in respect of a dwelling which he occupies as his home and who is contemplating entering into a new agreement to occupy that dwelling, but not in a case where his current agreement commenced less than 11 months before such a request;

F56 ...(52)

[F57 “specified matters” means—

(a)

the signature of the prospective occupier;

(b)

the signature of the person to whom the prospective occupier would incur liability to make such payments;

(c)

a statement that the person in paragraph (b) agrees to the application being made for that decision; and

(d)

an indication that the prospective occupier is contemplating occupying the dwelling as his home and that if he does so, he is likely to claim housing benefit.]

Textual Amendments

F55 Reg. 16(1) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(9)(a)

F56 Words in reg. 16(5) omitted (with application in accordance with reg. 1(3) (4) of the amending Rule) by virtue of The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(9)(b)(i)

F57 Words in reg. 16(5) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(9)(b)(ii)

Commencement Information

I15 Reg. 16 in operation at 20.11.2006, see reg. 1(1)

PART IV N.I. Membership of a family

Modifications etc. (not altering text)

C7 Pt. IV applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 16

Persons of prescribed description N.I.

17.—(1) Subject to paragraph (2), a person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family(53)) is a person who falls within the definition of qualifying young person in section 138 of the Act(54) (child and qualifying young person), and in these Regulations such a person is referred to as a “young person”.

(2) Paragraph (1) shall not apply to a person who is—

(a) on income support [F58 , an income-based jobseeker’s allowance or an income-related employment and support allowance] ; or

(b) a person to whom section 6 of the Children (Leaving Care) Act (Northern Ireland) 2002(55) (exclusion from benefits) applies.

(3) A person of a prescribed description for the purposes of section 133(1) of the Act as it applies to housing benefit (definition of family) includes a child or young person in respect of whom section 141A of that Act(56) applies for the purposes of entitlement to child benefit but only for the period prescribed under section 141A(1) of that Act.

Textual Amendments

F58 Words in reg. 17(2)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(4)

Commencement Information

I16 Reg. 17 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which a person is to be treated as responsible or not responsible for another N.I.

18.—(1) Subject to the following provisions of this regulation, a person shall be treated as responsible for a child or young person who is normally living with him and this includes a child or young person to whom regulation 17(3) applies.

(2) Where a child or young person spends equal amounts of time in different households, or where there is a question as to which household he is living in, the child or young person shall be treated for the purposes of paragraph (1) as normally living with—

(a) the person who is receiving child benefit in respect of him; or

(b) if there is no such person—

(i) where only one claim for child benefit has been made in respect of him, the person who made that claim, or

(ii) in any other case the person who has the primary responsibility for him.

(3) For the purposes of these Regulations a child or young person shall be the responsibility of only one person in any benefit week and any person other than the one treated as responsible for the child or young person under this regulation shall be treated as not so responsible.

Commencement Information

I17 Reg. 18 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which a person is to be treated as being or not being a member of the household N.I.

19.—(1) Subject to paragraphs (2) to (4), the claimant and any partner and, where the claimant or his partner is treated as responsible by virtue of regulation 18 for a child or young person, that child or young person and any child of that child or young person, shall be treated as members of the same household notwithstanding that any of them is temporarily living away from the other members of his family.

(2) Paragraph (1) shall not apply to a person who is living away from the other members of his family where—

(a) that person does not intend to resume living with the other members of his family; or

(b) his absence from the other members of his family is likely to exceed 52 weeks, unless there are exceptional circumstances (for example where the person is in hospital or otherwise has no control over the length of his absence) and the absence is unlikely to be substantially more than 52 weeks.

(3) A child or young person shall not be treated as a member of the claimant’s household where he is—

(a) placed with the claimant or his partner by an authority, as defined in Article 2 of the Children Order, under Article 27(2)(a) of that Order (provision of accommodation and maintenance by an authority for children whom it is looking after) or by a voluntary organisation under Article 75(1)(a) of that Order (provision of accommodation by voluntary organisation);

(b) placed with the claimant or his partner prior to adoption; or

(c) placed for adoption with the claimant or his partner pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989(57).

(4) Subject to paragraph (5), paragraph (1) shall not apply to a child or young person who is not living with the claimant and he—

(a) is being looked after by an authority, as defined in Article 2 of the Children Order, under a relevant enactment;

(b) has been placed with a person other than the claimant prior to adoption; or

(c) has been placed for adoption pursuant to a decision under the Adoption Agencies Regulations (Northern Ireland) 1989.

(5) An authority shall treat a child or young person to whom paragraph (4)(a) applies, as being a member of the claimant’s household in any benefit week where—

(a) that child or young person lives with the claimant for part or all of that benefit week; and

(b) the authority considers that it is reasonable to do so taking into account the nature and frequency of that child’s or young person’s visits.

(6) In this regulation “relevant enactment” means the Army Act 1955(58), the Air Force Act 1955(59), the Naval Discipline Act 1957(60),the Children and Young Persons Act (Northern Ireland) 1968(61), the Health and Personal Social Services Order, the Family Law Reform (Northern Ireland) Order 1977(62), the Matrimonial Causes (Northern Ireland) Order 1978(63), the Domestic Proceedings (Northern Ireland) Order 1980(64), the Adoption (Northern Ireland) Order 1987(65) and the Children Order.

Commencement Information

I18 Reg. 19 in operation at 20.11.2006, see reg. 1(1)

PART V N.I. Applicable amounts

Modifications etc. (not altering text)

C8 Pt. V applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 17(1)

Applicable amounts N.I.

20.—(1) Subject to regulations 59 and 60 and Schedule A1(66) (treatment of claims for housing benefit by refugees), the applicable amount of a claimant shall be the aggregate of such of the following amounts as apply in his case—

(a) an amount in respect of his personal allowance, determined in accordance with paragraph 1 of Schedule 4;

(b) an amount in respect of any child or young person who is a member of his family, determined in accordance with paragraph 2 of that Schedule;

(c) if he is a member of a family of which at least one member is a child or young person, an amount determined in accordance with paragraph 3(1) of that Schedule;

(d) if he is a member of a family of which one member is a child under the age of one year, an additional amount determined in accordance with paragraph 3(2) of that Schedule;

(e) the amount of any premiums which may be applicable to him determined in accordance with Parts III and IV of that Schedule.

(2) In Schedule 4—

“additional spouse” means a spouse of either party to the marriage who is additional to the other party to the marriage;

“patient” means a person (other than a person who is serving a sentence of imprisonment or detention in a young offenders centre or a juvenile justice centre) who is regarded as receiving free in-patient treatment within the meaning of regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005(67).

Commencement Information

I19 Reg. 20 in operation at 20.11.2006, see reg. 1(1)

PART VI N.I. Assessment of income and capital

Modifications etc. (not altering text)

C9 Pt. VI applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 19(1)

SECTION 1 N.I. General

Calculation of income and capital of members of claimant’s family and of a polygamous marriage N.I.

21.—(1) The income and capital of a claimant’s partner which by virtue of section 132(1) of the Act is to be treated as income and capital of the claimant, shall be calculated or estimated in accordance with the following provisions of this Part in like manner as for the claimant; and any reference to the “ claimant” shall be construed for the purposes of this Part as if it were a reference to his partner.

(2) Where a claimant or the partner of a claimant is married polygamously to 2 or more members of his household—

(a) the claimant shall be treated as possessing capital and income belonging to each such member; and

(b) the income and capital of that member shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant.

(3) The income and capital of a child or young person shall not be treated as the income and capital of the claimant.

Commencement Information

I20 Reg. 21 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which income of non-dependant is to be treated as claimant’s N.I.

22.—(1) Where it appears to the relevant authority that a non-dependant and the claimant have entered into arrangements in order to take advantage of the housing benefit scheme and the non-dependant has more capital and income than the claimant, that authority shall, except where the claimant is on income support or an income-based jobseeker’s allowance, treat the claimant as possessing capital and income belonging to that non-dependant and, in such a case, shall disregard any capital and income which the claimant does possess.

(2) Where a claimant is treated as possessing capital and income belonging to a non-dependant under paragraph (1) the capital and income of that non-dependant shall be calculated in accordance with the following provisions of this Part in like manner as for the claimant and any reference to the “claimant” shall be construed for the purposes of this Part as if it were a reference to that non-dependant.

Commencement Information

I21 Reg. 22 in operation at 20.11.2006, see reg. 1(1)

SECTION 2 N.I. Income

Calculation of income and capital N.I.

23.  The income and capital of—

(a) the claimant; and

(b) any partner of the claimant,

shall be calculated in accordance with the rules set out in this Part and any reference in this Part to the claimant shall apply equally to any partner of the claimant.

Commencement Information

I22 Reg. 23 in operation at 20.11.2006, see reg. 1(1)

Claimant in receipt of guarantee credit N.I.

24.  In the case of a claimant who is in receipt, or whose partner is in receipt, of a guarantee credit, the whole of his capital and income shall be disregarded.

Commencement Information

I23 Reg. 24 in operation at 20.11.2006, see reg. 1(1)

Calculation of claimant’s income and capital in savings credit only cases N.I.

25.—(1) In determining the income and capital of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, the relevant authority shall, subject to the following provisions of this regulation, use the calculation or estimate of the claimant’s or, as the case may be, the claimant’s partner’s income and capital made by the Department for the purpose of determining that award.

(2) The Department shall provide the relevant authority with details of the calculation or estimate—

(a) if the claimant is on housing benefit or has claimed housing benefit, within the 2 working days following the day the calculation or estimate was determined, or as soon as reasonably practicable thereafter; or

(b) if sub-paragraph (a) does not apply, within the 2 working days following the day he receives information from the relevant authority that the claimant or his partner has claimed housing benefit, or as soon as reasonably practicable thereafter.

(3) The details provided by the Department shall include the amount taken into account in that determination in respect of the net income of the person claiming state pension credit.

(4) The relevant authority shall modify the amount of the net income provided by the Department only in so far as necessary to take into account—

(a) the amount of the savings credit payable;

(b) in respect of any dependent children of the claimant, childcare charges taken into account under regulation 28(1)(c);

(c) the higher amount disregarded under these Regulations in respect of—

(i) lone parent’s earnings;

(ii) payments of maintenance, whether under a court order or not, which is made or due to be made by—

(aa) the claimant’s former partner, or the claimant’s partner’s former partner; or

(bb) the parent of a child or young person where that child or young person is a member of the claimant’s family except where that parent is the claimant or the claimant’s partner;

(d) any amount to be disregarded by virtue of paragraph 9(1) of Schedule 5;

(e) the income and capital of any partner of the claimant who is treated as a member of the claimant’s household under regulation 19 to the extent that it is not taken into account in determining the net income of the person claiming state pension credit;

(f) regulation 22, if the relevant authority determines that this provision applies in the claimant’s case;

(g) any income, in excess of £10, which falls to be disregarded under the provisions of paragraph 1 of Schedule 6.

(5) Regulations 27 to 47 shall not apply to the amount of the net income to be taken into account by the relevant authority under paragraph (1), but shall apply (so far as relevant) for the purpose of determining any modifications which fall to be made to that amount under paragraph (4).

(6) The relevant authority shall for the purpose of determining the claimant’s entitlement of housing benefit use, except where paragraphs (7) and (8) apply, the calculation of the claimant’s capital made by the Department, and shall in particular apply the provisions of regulation 41 if the claimant’s capital is calculated as being in excess of £16,000.

(7) If paragraph (8) applies, the relevant authority shall calculate the claimant’s capital in accordance with regulations 41 to 47.

(8) This paragraph applies if—

(a) the Department notifies the relevant authority that the claimant’s capital has been determined as being £16,000 or less;

(b) subsequent to that determination the claimant’s capital rises to more than £16,000; and

(c) the increase occurs whilst there is in force an assessed income period within the meaning of sections 6 and 9 of the State Pension Credit Act.

Commencement Information

I24 Reg. 25 in operation at 20.11.2006, see reg. 1(1)

Calculation of income and capital where state pension credit is not payable N.I.

26.  The income and capital of a person to whom neither regulation 24 nor 25 applies shall be calculated or estimated by the relevant authority in accordance with regulations 27 to 47.

Commencement Information

I25 Reg. 26 in operation at 20.11.2006, see reg. 1(1)

Meaning of “income” N.I.

27.—(1) For the purposes of these Regulations, “ income” means income of any of the following descriptions—

(a) earnings;

(b) working tax credit;

(c) retirement pension income within the meaning of section 16(1) of the State Pension Credit Act;

(d) income from annuity contracts (other than retirement pension income);

(e) a guaranteed income payment;

(f) a payment made under article 21(1)(c) of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005(68) but only where the condition referred to in article 23(2)(c) is met;

(g) income from capital, other than capital disregarded under Part I of Schedule 7;

(h) social security benefits, other than retirement pension income or any of the following benefits—

(i) disability living allowance;

(ii) attendance allowance payable under section 64 of the Act(69);

(iii) an increase of disablement pension under section 104 or 105 of the Act;

(iv) a payment under regulations made in exercise of the power conferred by paragraph 4(2)(b) of Schedule 8 to the Act;

(v) child benefit;

(vi) any guardian’s allowance payable under section 77 of the Act(70);

(vii) any increase for a dependant, other than the claimant’s partner, payable in accordance with Part IV of the Act;

(viii) any social fund payment made under Part VIII of the Act;

(ix) Christmas bonus payable under Part X of the Act;

(x) housing benefit;

(xi) bereavement payment(71);

(xii) statutory sick pay;

(xiii) statutory maternity pay;

(xiv) statutory paternity pay payable under Part XIIZA of the Act(72);

(xv) statutory adoption pay payable under Part XIIZB of the Act(73);

(xvi) any benefit similar to those mentioned in the preceding provisions of this paragraph payable under legislation having effect in Great Britain;

(i) all foreign social security benefits which are similar to the social security benefits prescribed above;

(j) any payment made under article 30 of the Naval, Military and Air Forces Etc. (Disablement and Death) Service Pensions Order 2006(74);

(k) a pension paid to victims of National Socialist persecution under any special provision made by the law of the Federal Republic of Germany, or any part of it, or of the Republic of Austria;

(l) payments under a scheme made under the Pneumoconiosis, etc., (Workers’ Compensation) (Northern Ireland) Order 1979(75);

(m) payments made towards the maintenance of the claimant by his spouse, civil partner, former spouse or former civil partner or towards the maintenance of the claimant’s partner by his spouse, civil partner, former spouse or former civil partner, including payments made—

(i) under a court order;

(ii) under an agreement for maintenance, or

(iii) voluntarily;

(n) payments due from any person in respect of board and lodging accommodation provided by the claimant;

(o) payments consisting of royalties or other sums received as a consideration for the use of, or the right to use, any copyright, patent or trade mark;

(p) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982(76);

(q) any payment, other than a payment ordered by a court or made in settlement of a claim, made by or on behalf of a former employer of a person on account of the early retirement of that person on grounds of ill-health or disability;

(r) any sum payable by way of pension out of money provided under the Civil List Act 1837(77), the Civil List Act 1937(78), the Civil List Act 1952(79), the Civil List Act 1972(80) or the Civil List Act 1975(81);

(s) any income in lieu of that specified in sub-paragraphs (a) to (p);

(t) any payment of rent or, as the case may be, rates made to a claimant who—

(i) owns the freehold or leasehold interest in any property or is a tenant of any property;

(ii) occupies part of the property, and

(iii) has an agreement with another person allowing that person to occupy that property on payment of rent or, as the case may be, rates;

(u) any payment made at regular intervals under an equity release scheme; and

(v) PPF periodic payments within the meaning of section 17(1) of the State Pension Credit Act(82).

(2) For the purposes of these Regulations, a claimant’s capital, other than capital disregarded under Schedule 7, shall be treated as if it were a weekly income—

(a) in the case of a claimant residing permanently in accommodation to which paragraph (6) applies, of £1 for each £500 in excess of £10,000 and £1 for any excess which is not a complete £500;

(b) in any other case, of £1 for each £500 in excess of £6,000 and £1 for any excess which is not a complete £500.

(3) Where the payment of any social security benefit prescribed under paragraph (1) is subject to any deduction (other than an adjustment specified in paragraph (4)) the amount to be taken into account under paragraph (1) shall be the amount before the deduction is made.

(4) The adjustments specified in this paragraph are those made in accordance with—

(a) the Social Security (Overlapping Benefits) Regulations (Northern Ireland) 1979(83);

(b) the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005;

(c) section 30DD or section 30E of the Act(84) (reductions in incapacity benefit in respect of pensions and councillor’s allowances).

[F59 (d) section 3 of the Welfare Reform Act (deductions from contributory employment and support allowance in respect of pensions and councillor’s allowances).]

(5) Where an award of any working tax credit or child tax credit under the Tax Credits Act is subject to a deduction by way of recovery of an overpayment of working tax credit or child tax credit which arose in a previous tax year the amount to be taken into account under paragraph (1) shall be the amount of working tax credit or child tax credit awarded less the amount of that deduction.

(6) This paragraph applies to accommodation provided—

(a) in a residential care home or nursing home;

(b) in an Abbeyfield Home;

(c) in an independent hospital.

(7) For the purposes of paragraph (6), a person shall be treated as residing permanently in the accommodation notwithstanding that he is absent from it for a period not exceeding 52 weeks.

(8) In paragraph (1)(u), “equity release scheme” means a loan—

(a) made between a person (“the lender”) and the claimant;

(b) by means of which a sum of money is advanced by the lender to the claimant by way of payments at regular intervals; and

(c) which is secured on a dwelling in which the claimant owns an estate or interest and which he occupies as his home.

Textual Amendments

F59 Reg. 27(4)(d) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(5)

Commencement Information

I26 Reg. 27 in operation at 20.11.2006, see reg. 1(1)

Calculation of income on a weekly basis N.I.

28.—(1) Subject to regulation 32, 59 and 60, for the purposes of section 129(1) of the Act (conditions of entitlement to housing benefit) the income of a claimant who has reached the qualifying age for state pension credit shall be calculated on a weekly basis—

(a) by calculating or estimating the amount which is likely to be his average weekly income in accordance with this Part;

(b) by adding to that amount the weekly income calculated under regulation 27(2);

(c) by then deducting any relevant child care charges to which regulation 29 applies from any earnings which form part of the average weekly income or, in a case where the conditions in paragraph (2) are met, from those earnings plus whichever credit specified in sub-paragraph (b) of that paragraph is appropriate, up to a maximum deduction in respect of the claimant’s family of whichever of the sums specified in paragraph (3) applies in his case.

(2) The conditions of this paragraph are that—

(a) the claimant’s earnings which form part of his average weekly income are less than the lower of either his relevant child care charges or whichever of the deductions specified in paragraph (3) otherwise applies in his case; and

(b) that claimant or, if he is a member of a couple either the claimant or his partner, is in receipt of working tax credit or child tax credit.

(3) The maximum deduction to which paragraph (1)(c) refers shall be—

(a) where the claimant’s family includes only one child in respect of whom relevant child care charges are paid, £175.00 per week;

(b) where the claimant’s family includes more than one child in respect of whom relevant child care charges are paid, £300 per week.

Modifications etc. (not altering text)

C10 Reg. 28(3): sums confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(2)

C11 Reg. 28(3): sums confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(2)

Commencement Information

I27 Reg. 28 in operation at 20.11.2006, see reg. 1(1)

Treatment of child care charges N.I.

29.—(1) This regulation applies where a claimant is incurring relevant child care charges and—

(a) is a lone parent and is engaged in remunerative work;

(b) is a member of a couple both of whom are engaged in remunerative work; or

(c) is a member of a couple where one member is engaged in remunerative work and the other—

(i) is incapacitated;

(ii) is an in-patient in hospital, or

(iii) is in prison (whether serving a custodial sentence or remanded in custody awaiting trial or sentence).

(2) For the purposes of paragraph (1) and subject to paragraph (4), a person to whom paragraph (3) applies shall be treated as engaged in remunerative work for a period not exceeding 28 weeks during which he—

(a) is paid statutory sick pay;

(b) is paid short-term incapacity benefit at the lower rate under sections 30A to 30E of the Act(85);

[F60 (ba) is paid an employment and support allowance;]

(c) is paid income support on the grounds of incapacity for work under regulation 4ZA of, and paragraph 7 or 14 of Schedule 1B to, the Income Support Regulations(86); or

(d) is credited with earnings on the grounds of [F61 or limited capability for work] under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975(87).

(3) This paragraph applies to a person who was engaged in remunerative work immediately before—

(a) the first day of the period in respect of which he was first paid statutory sick pay, short-term incapacity benefit [F62 , an employment and support allowance] or income support on the grounds of incapacity for work; or

(b) the first day of the period in respect of which earnings are credited,

as the case may be.

(4) In a case to which paragraph (2)(c) or (d) applies, the period of 28 weeks begins on the day on which the person is first paid income support or on the first day of the period in respect of which earnings are credited, as the case may be.

(5) Relevant child care charges are those charges for care to which paragraphs (6) and (7) apply, and shall be estimated on a weekly basis in accordance with paragraph (10).

(6) The charges are paid by the claimant for care which is provided—

(a) in the case of any child of the claimant’s family who is not disabled, in respect of the period beginning on that child’s date of birth and ending on the day preceding the first Monday in September following that child’s fifteenth birthday; or

(b) in the case of any child of the claimant’s family who is disabled, in respect of the period beginning on that person’s date of birth and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.

(7) The charges are paid for care which is provided by one or more of the care providers listed in paragraph (8) and are not paid—

(a) in respect of the child’s compulsory education;

(b) by a claimant to a partner or by a partner to a claimant in respect of any child for whom either or any of them is responsible in accordance with regulation 18; or

(c) in respect of care provided by a relative of a child wholly or mainly in the child’s home.

(8) The care to which paragraph (7) refers may be provided—

(a) out of school hours, by a school on school premises or by an education and library board or an HSS trust—

(i) for children who are not disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their fifteenth birthday, or

(ii) for children who are disabled in respect of the period beginning on their twelfth birthday and ending on the day preceding the first Monday in September following their sixteenth birthday;

(b) by a child care provider approved in accordance with the Tax Credit (New Category of Child Care Provider) Regulations 1999(88); or

(c) by a person prescribed in regulations made pursuant to section 12(4) of the Tax Credits Act.

(9) In—

(a) paragraphs (6) and (8)(a), “the first Monday in September” means the Monday which first occurs in the month of September in any year; and

(b) paragraph (8)(a) “education and library board” means an education and library board established under Article 3 of the Education and Libraries (Northern Ireland) Order 1986(89).

(10) Relevant child care charges shall be estimated over such period, not exceeding a year, as is appropriate in order that the average weekly charge may be estimated accurately having regard to information as to the amount of that charge provided by the child minder or person providing the care.

(11) For the purposes of paragraph (1)(c) the other member of a couple is to be treated as incapacitated where—

(a) he is aged not less than 80;

(b) he is aged less than 80 and—

(i) the additional conditions specified in paragraph 13 of Schedule 4 to the Housing Benefit Regulations (additional condition for the higher pensioner and disability premiums) are treated as applying in his case, and

(ii) he satisfies those conditions or would satisfy them but for his being treated as capable of work by virtue of a determination made in accordance with regulations made under section 167E of the Act(90);

[F63 (ba) the claimant’s applicable amount would include the support component or the work-related activity component on account of the other member having limited capability for work but for that other member being treated as not having limited capability for work by virtue of a determination made in accordance with the Employment and Support Allowance Regulations;]

(c) the claimant is, or is treated as, incapable of work and has been so incapable, or has been so treated as incapable, of work in accordance with the provisions of, and regulations made under, Part XIIA of the Act (incapacity for work) for a continuous period of not less than 196 days; and for this purpose any 2 or more separate periods separated by a break of not more than 56 days shall be treated as one continuous period;

[F64 (ca) the claimant (within the meaning of regulation 2(1)) has, or is treated as having, limited capability for work and has had, or been treated as having, limited capability for work in accordance with the Employment and Support Allowance Regulations for a continuous period of not less than 196 days; and for this purpose any two or more separate periods separated by a break of not more than 84 days must be treated as one continuous period;]

(d) there is payable in respect of him one or more of the following—

(i) long-term incapacity benefit or short-term incapacity benefit at the higher rate specified in paragraph 2 of Part I of Schedule 4 to the Act(91);

(ii) attendance allowance under section 64 of the Act;

(iii) severe disablement allowance under section 68 of the Act(92);

(iv) disability living allowance;

(v) increase of disablement pension under section 104 of the Act;

(vi) a pension increase under a war pension scheme or an industrial injuries scheme which is analogous to an allowance or increase of disablement pension under head (ii), (iv) or (v);

[F65 (vii) main phase employment and support allowance;]

(e) a pension or allowance to which head (ii), (iv), (v) or (vi) of sub-paragraph (d) refers was payable on account of his incapacity but has ceased to be payable in consequence of his becoming a patient within the meaning of regulation 20(2);

(f) sub-paragraph (d) or (e) would apply to him if the legislative provisions referred to in those sub-paragraphs were provisions under any corresponding enactment having effect in Great Britain; or

(g) he has an invalid carriage or other vehicle provided to him by the Department of Health, Social Services and Public Safety(93) under Article 30(1) of the Health and Personal Social Services Order or provided by the Secretary of State under section 5(2)(a) of, and Schedule 2 to, the National Health Service Act 1977(94) or under section 46 of the National Health Service (Scotland) Act 1978(95).

(12) For the purposes of paragraph (11), once paragraph (11)(c) applies to the claimant, if he then ceases, for a period of 56 days or less, to be incapable, or to be treated as incapable, of work, that paragraph shall, on his again becoming so incapable, or so treated as incapable, of work at the end of that period, immediately thereafter apply to him for so long as he remains incapable, or is treated as remaining incapable, of work.

[F66 (12A) For the purposes of paragraph (11), once paragraph (11)(ca) applies to the claimant, if he then ceases, for a period of 84 days or less, to have, or to be treated as having, limited capability for work, that paragraph is, on his again having, or being treated as having, limited capability for work at the end of that period, immediately thereafter to apply to him for so long as he has, or is treated as having, limited capability for work.]

(13) For the purposes of paragraphs (6) and (8)(a), a person is disabled if he is a person—

(a) in respect of whom disability living allowance is payable, or has ceased to be payable solely because he is a patient;

(b) who has been certified as blind and in consequence he is registered as blind in a register maintained by or on behalf of a Health and Social Services Board; or

(c) who ceased to be registered as blind in such a register within the period beginning 28 weeks before the first Monday in September following that person’s fifteenth birthday and ending on the day preceding the first Monday in September following that person’s sixteenth birthday.

(14) For the purposes of paragraph (1) a person on maternity leave, paternity leave or adoption leave shall be treated as if he is engaged in remunerative work for the period specified in paragraph (15) (“the relevant period”) provided that—

(a) in the week before the period of maternity leave, paternity leave or adoption leave began he was in remunerative work;

(b) the claimant is incurring relevant child care charges within the meaning of paragraph (5); and

(c) he is entitled to statutory maternity pay under section 160 of the Act, statutory paternity pay by virtue of section 167ZA or 167ZB of the Act (96), statutory adoption pay by virtue of section 167ZL of the Act(97) or maternity allowance under section 35 of the Act.

(15) The relevant period shall begin on the day on which the person’s maternity leave, paternity leave or adoption leave commences and shall end on—

(a) the date that leave ends;

(b) if no child care element of working tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, statutory paternity pay or statutory adoption pay ends, the date that entitlement ends; or

(c) if a child care element of working tax credit is in payment on the date that entitlement to maternity allowance, statutory maternity pay, statutory paternity pay or statutory adoption pay ends, the date that entitlement to that award of the child care element of working tax credit ends,

whichever shall occur first.

(16) In paragraph (15), “child care element” of working tax credit means the element of working tax credit prescribed under section 12 of the Tax Credits Act (child care element).

Textual Amendments

F60 Reg. 29(2)(ba) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(a)(i)

F61 Words in reg. 29(2)(d) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(a)(ii)

F62 Words in reg. 29(3)(a) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(b)

F63 Reg. 29(11)(ba) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(c)(i)

F64 Reg. 29(11)(ca) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(c)(ii)

F65 Reg. 29(11)(d)(vii) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(c)(iii)

F66 Reg. 29(12A) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(6)(d)

Commencement Information

I28 Reg. 29 in operation at 20.11.2006, see reg. 1(1)

Calculation of average weekly income from tax credits N.I.

30.—(1) This regulation applies where a claimant receives a tax credit.

(2) Where this regulation applies, the period over which a tax credit is to be taken into account shall be the period set out in paragraph (3).

(3) Where the instalment in respect of which payment of a tax credit is made is—

(a) a daily instalment, the period is one day, being the day in respect of which the instalment is paid;

(b) a weekly instalment, the period is 7 days, ending on the day on which the instalment is due to be paid;

(c) a 2 weekly instalment, the period is 14 days, commencing 6 days before the day on which the instalment is due to be paid;

(d) a 4 weekly instalment, the period is 28 days, ending on the day on which the instalment is due to be paid.

(4) For the purpose of this regulation “tax credit” means working tax credit.

Commencement Information

I29 Reg. 30 in operation at 20.11.2006, see reg. 1(1)

Calculation of weekly income N.I.

31.—(1) Except where paragraphs (2) and (4) apply, for the purposes of calculating the weekly income of the claimant, where the period in respect of which a payment is made—

(a) does not exceed a week, the whole of that payment shall be included in the claimant’s weekly income;

(b) exceeds a week, the amount to be included in the claimant’s weekly income shall be determined—

(i) in a case where that period is a month, by multiplying the amount of the payment by 12 and dividing the product by 52;

(ii) in a case where that period is 3 months, by multiplying the amount of the payment by 4 and dividing the product by 52;

(iii) in a case where that period is a year, by dividing the amount of the payment by 52;

(iv) in any other case, by multiplying the amount of the payment by 7 and dividing the product by the number of days in the period in respect of which it is made.

(2) Where—

(a) the claimant’s regular pattern of work is such that he does not work the same hours every week; or

(b) the amount of the claimant’s income fluctuates and has changed more than once,

the weekly amount of that claimant’s income shall be determined—

(i) if, in a case to which sub-paragraph (a) applies, there is a recognised cycle of work, by reference to his average weekly income over the period of the complete cycle (including, where the cycle involves periods in which the claimant does no work, those periods but disregarding any other absences), or

(ii) in any other case, on the basis of—

(aa) the last 2 payments if those payments are one month or more apart;

(bb) the last 4 payments if the last 2 payments are less than one month apart; or

(cc) calculating or estimating such other payments as may, in the particular circumstances of the case, enable the claimant’s average weekly income to be determined more accurately.

(3) For the purposes of paragraph (2)(b) the last payments are the last payments before the date the claim was made or treated as made or, if there is a subsequent supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(98), the last payments before the date of the supersession.

(4) If a claimant is entitled to receive a payment to which paragraph (5) applies, the amount of that payment shall be treated as if made in respect of a period of a year.

(5) This paragraph applies to—

(a) royalties or other sums payable as a consideration for the use of, or the right to use, any copyright, patent or trade mark;

(b) any payment made to the claimant in respect of any book registered under the Public Lending Right Scheme 1982; and

(c) any payment which is made on an occasional basis.

(6) The period under which any benefit under the benefit Acts is to be taken into account shall be the period in respect of which that benefit is payable.

(7) Where payments are made in a currency other than Sterling, the value of the payment shall be determined by taking the Sterling equivalent on the date the payment is made.

(8) The sums specified in Schedule 5 shall be disregarded in calculating—

(a) the claimant’s earnings; and

(b) any amount to which paragraph (5) applies if the claimant or his partner is the first owner of the copyright, patent or trade mark, or the author of the book registered under the Public Lending Right Scheme 1982.

(9) Income specified in Schedule 6 is to be disregarded in the calculation of a claimant’s income.

(10) Schedule 7 shall have effect so that—

(a) the capital specified in Part I shall be disregarded for the purpose of determining a claimant’s income; and

(b) the capital specified in Part II shall be disregarded for the purpose of determining a claimant’s income under regulation 27(2).

(11) In the case of any income taken into account for the purpose of calculating a person’s income, there shall be disregarded any amount payable by way of tax.

Commencement Information

I30 Reg. 31 in operation at 20.11.2006, see reg. 1(1)

Disregard of changes in tax, contributions etc. N.I.

32.  In calculating the claimant’s income the appropriate authority may disregard any legislative change—

(a) in the basic or other rates of income tax;

(b) in the amount of any personal tax relief;

(c) in the rates of social security contributions payable under the Act or in the lower earnings limit or upper earnings limit for Class 1 contributions under the Act, the lower or upper limits applicable to Class 4 contributions under the Act or the amount specified in section 11(4) of the Act (small earnings exception in relation to Class 2 contributions);

(d) in the amount of tax payable as a result of an increase in the weekly rate of Category A, B, C or D retirement pension or any addition thereto or any graduated pension payable under the Act; and

(e) in the maximum rate of child tax credit or working tax credit,

for a period not exceeding 30 benefit weeks beginning with the benefit week immediately following the date from which the change is effective.

Commencement Information

I31 Reg. 32 in operation at 20.11.2006, see reg. 1(1)

SECTION 3 N.I. Employed earners

Earnings of employed earners N.I.

33.—(1) Subject to paragraph (2), “ earnings” means in the case of employment as an employed earner, any remuneration or profit derived from that employment and includes—

(a) any bonus or commission;

(b) any payment in lieu of remuneration except any periodic sum paid to a claimant on account of the termination of his employment by reason of redundancy;

(c) any payment in lieu of notice;

(d) any holiday pay;

(e) any payment by way of a retainer;

(f) any payment made by the claimant’s employer in respect of expenses not wholly, exclusively and necessarily incurred in the performance of the duties of the employment, including any payment made by the claimant’s employer in respect of—

(i) travelling expenses incurred by the claimant between his home and place of employment;

(ii) expenses incurred by the claimant under arrangements made for the care of a member of his family owing to the claimant’s absence from home;

(g) the amount of any payment by way of a non-cash voucher which has been taken into account in the computation of a person’s earnings in accordance with Part V of Schedule 3 to the Social Security (Contributions) Regulations 2001(99);

(h) statutory sick pay and statutory maternity pay payable by the employer under the Act;

(i) statutory paternity pay payable under Part XIIZA of the Act;

(j) statutory adoption pay payable under Part XIIZB of the Act;

(k) any sums payable under a contract of service—

(i) for incapacity for work due to sickness or injury, or

(ii) by reason of pregnancy or confinement;

(l) any payment made under the legislation of, or under any scheme operating in, the Republic of Ireland which is analogous to income to which sub-paragraphs (h) to (j) relate.

(2) Earnings shall not include—

(a) subject to paragraph (3), any payment in kind;

(b) any payment in respect of expenses wholly, exclusively and necessarily incurred in the performance of the duties of the employment;

(c) any occupational pension;

(d) any payment of compensation made pursuant to an award by an employment tribunal in respect of unfair dismissal or unlawful discrimination.

(3) Paragraph (2)(a) shall not apply in respect of any non-cash voucher referred to in paragraph (1)(g).

Commencement Information

I32 Reg. 33 in operation at 20.11.2006, see reg. 1(1)

Calculation of net earnings of employed earners N.I.

34.—(1) For the purposes of regulation 28, the earnings of a claimant derived or likely to be derived from employment as an employed earner to be taken into account shall, subject to regulation 31(5) and Schedule 5, be his net earnings.

(2) For the purposes of paragraph (1) net earnings shall, except in relation to any payment to which regulation 31(5) refers, be calculated by taking into account the gross earnings of the claimant from that employment over the assessment period, less—

(a) any amount deducted from those earnings by way of—

(i) income tax;

(ii) primary Class 1 contributions under the Act;

(b) one half of any sum paid by the claimant by way of a contribution towards an occupational pension scheme;

(c) one half of the amount calculated in accordance with paragraph (4) in respect of any qualifying contribution payable by the claimant; and

(d) where those earnings include a payment which is payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which corresponds to statutory sick pay, statutory maternity pay, statutory paternity pay or statutory adoption pay, any amount deducted from those earnings by way of any contributions which are payable under any statute of the Parliament of the United Kingdom extending solely to Great Britain and which correspond to primary Class 1 contributions under the Act.

(3) In this regulation “qualifying contribution” means any sum which is payable periodically as a contribution towards a personal pension scheme.

(4) The amount in respect of any qualifying contribution shall be calculated by multiplying the daily amount of the qualifying contribution by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying contribution shall be determined—

(a) where the qualifying contribution is payable monthly, by multiplying the amount of the qualifying contribution by 12 and dividing the product by 365;

(b) in any other case, by dividing the amount of the qualifying contribution by the number equal to the number of days in the period to which the qualifying contribution relates.

(5) Where the earnings of a claimant are determined under regulation 31(2)(b), his net earnings shall be calculated by taking into account those earnings over the assessment period, less—

(a) an amount in respect of income tax equivalent to an amount calculated by applying to those earnings the [F67 starting rate] or, as the case may be, the [F67 starting rate] and the basic rate of tax applicable to the assessment period less only the personal relief to which the claimant is entitled under section 257(1) of the Taxes Act(100) (personal allowance) as is appropriate to his circumstances but, if the assessment period is less than a year, the earnings to which the lower rate of tax is to be applied and the amount of the personal relief deductible under this sub-paragraph shall be calculated on a pro-rata basis;

(b) an amount equivalent to the amount of the primary Class 1 contributions that would be payable by him under the Act in respect of those earnings if such contributions were payable; and

(c) one half of any sum which would be payable by the claimant by way of a contribution towards an occupational or personal pension scheme, if the earnings so estimated were actual earnings.

(6) Where the claimant is an employed earner in the Republic of Ireland the amounts to be deducted for income tax and primary Class 1 contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.

Textual Amendments

F67 Words in reg. 34(5)(a) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(4)

Commencement Information

I33 Reg. 34 in operation at 20.11.2006, see reg. 1(1)

SECTION 4 N.I. Self-employed earners

Calculation of earnings of self-employed earners N.I.

35.—(1) Where a claimant’s earnings consist of earnings from employment as a self-employed earner, the weekly amount of his earnings shall be determined by reference to his average weekly earnings from that employment—

(a) over a period of one year; or

(b) where the claimant has recently become engaged in that employment or there has been a change which is likely to affect the normal pattern of business, over such other period (“computation period”) as may, in the particular case, enable the weekly amount of his earnings to be determined more accurately.

(2) For the purposes of determining the weekly amount of earnings of a claimant to whom paragraph (1)(b) applies, his earnings over the computation period shall be divided by the number equal to the number of days in that period and multiplying the quotient by 7.

(3) The period over which the weekly amount of a claimant’s earnings is calculated in accordance with this regulation shall be his assessment period.

Commencement Information

I34 Reg. 35 in operation at 20.11.2006, see reg. 1(1)

Earnings of self-employed earners N.I.

36.—(1) Subject to paragraph (2), “earnings”, in the case of employment as a self-employed earner, means the gross receipts of the employment and shall include any allowance payable pursuant to provision or arrangements made by the Department for Employment and Learning under sections 2 and 3 of the Disabled Persons (Employment) Act (Northern Ireland) 1945(101) or section 1 of the 1950 Act(102) or any equivalent allowance payable under Republic of Ireland legislation to the claimant for the purpose of assisting him in carrying on his business unless at the date of claim the allowance has been terminated.

(2) “Earnings” in the case of employment as a self-employed earner does not include—

(a) where a claimant occupies a dwelling as his home and he provides in that dwelling board and lodging accommodation for which payment is made, those payments;

(b) any payment made by an authority, as defined in Article 2 of the Children Order, to a claimant who is caring for a child by virtue of arrangements made under Article 27(2)(a) of that Order (provision of accommodation and maintenance by an authority for children whom it is looking after);

(c) any payment made by a voluntary organisation under Article 75(1)(a) of the Children Order (provision of accommodation by voluntary organisations);

(d) any payment made to the claimant or his partner for a person (“the person concerned”) who is not normally a member of the claimant’s household but is temporarily in his care, by—

(i) a Health and Social Services Board or HSS trust;

(ii) a voluntary organisation, or

(iii) the person concerned pursuant to Article 36(7) of the Health and Personal Social Services Order(103); or

(e) any sports award.

Commencement Information

I35 Reg. 36 in operation at 20.11.2006, see reg. 1(1)

Calculation of net profit of self-employed earners N.I.

37.—(1) For the purposes of regulation 28 the earnings of a claimant to be taken into account shall be—

(a) in the case of a self-employed earner who is engaged in employment on his own account, the net profit derived from that employment;

(b) in the case of a self-employed earner whose employment is carried on in partnership, his share of the net profit derived from that employment, less—

(i) an amount in respect of income tax and of social security contributions payable under the Act calculated in accordance with regulation 38, and

(ii) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.

(2) For the purposes of paragraph (1)(a) the net profit of the employment shall, except where paragraph (8) applies, be calculated by taking into account the earnings of the employment over the assessment period less—

(a) subject to paragraphs (4) to (7), any expenses wholly and exclusively incurred in that period for the purposes of that employment;

(b) an amount in respect of—

(i) income tax, and

(ii) social security contributions payable under the Act,

calculated in accordance with regulation 38; and

(c) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.

(3) For the purposes of paragraph (1)(b) the net profit of the employment shall be calculated by taking into account the earnings of the employment over the assessment period less, subject to paragraphs (4) to (7), any expenses wholly and exclusively incurred in that period for the purposes of the employment.

(4) Subject to paragraph (5), no deduction shall be made under paragraph (2)(a) or (3), in respect of—

(a) any capital expenditure;

(b) the depreciation of any capital asset;

(c) any sum employed or intended to be employed in the setting up or expansion of the employment;

(d) any loss incurred before the beginning of the assessment period;

(e) the repayment of capital on any loan taken out for the purposes of the employment; and

(f) any expenses incurred in providing business entertainment.

(5) A deduction shall be made under paragraph (2)(a) or (3) in respect of the repayment of capital on any loan used for—

(a) the replacement in the course of business of equipment or machinery;

(b) the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair; and

(c) the purchase of land under the Northern Ireland Land Act 1925(104).

(6) The relevant authority shall refuse to make a deduction in respect of any expenses under paragraph (2)(a) or (3) where it is not satisfied given the nature and the amount of the expense that it has been reasonably incurred.

(7) For the avoidance of doubt—

(a) a deduction shall not be made under paragraph (2)(a) or (3) in respect of any sum unless it has been expended for the purposes of the business;

(b) a deduction shall be made thereunder in respect of—

(i) the excess of any value added tax paid over value added tax received in the assessment period;

(ii) any income expended in the repair of an existing business asset except to the extent that any sum is payable under an insurance policy for its repair;

(iii) any payment of interest on a loan taken out for the purposes of the employment.

(8) Where a claimant is engaged in employment as a child minder the net profit of the employment shall be one third of the earnings of that employment, less—

(a) an amount in respect of—

(i) income tax, and

(ii) social security contributions payable under the Act,

calculated in accordance with regulation 38; and

(b) one half of the amount calculated in accordance with paragraph (10) in respect of any qualifying premium.

(9) For the avoidance of doubt where a claimant is engaged in employment as a self-employed earner and he is also engaged in one or more other employments as a self-employed or employed earner any loss incurred in any one of his employments shall not be offset against his earnings in any other of his employments.

(10) The amount in respect of any qualifying premium shall be calculated by multiplying the daily amount of the qualifying premium by the number equal to the number of days in the assessment period; and for the purposes of this regulation the daily amount of the qualifying premium shall be determined—

(a) where the qualifying premium is payable monthly, by multiplying the amount of the qualifying premium by 12 and dividing the product by 365;

(b) in any other case, by dividing the amount of the qualifying premium by the number equal to the number of days in the period to which the qualifying premium relates.

(11) Where the claimant is a self-employed earner in the Republic of Ireland the amounts to be deducted for income tax and social security contributions under this regulation shall be such amounts as, in the opinion of the appropriate authority, would have been deducted had the claimant been employed in Northern Ireland.

(12) In this regulation, “qualifying premium” means any premium which is payable periodically in respect of F68 ... a personal pension scheme and is so payable on or after the date of claim.

Textual Amendments

F68 Words in reg. 37(12) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(3)

Commencement Information

I36 Reg. 37 in operation at 20.11.2006, see reg. 1(1)

Deduction of tax and contributions of self-employed earners N.I.

38.—(1) The amount to be deducted in respect of income tax under regulation 37(1)(b)(i), (2)(b)(i) or (8)(a)(i) shall be calculated on the basis of the amount of chargeable income and as if that income were assessable to income tax at the [F69 starting rate] or, as the case may be, the lower rate and the basic rate of tax applicable to the assessment period less only the personal relief to which the claimant is entitled under section 257(1) of the Taxes Act as is appropriate to his circumstances; but, if the assessment period is less than a year, the earnings to which the [F69 starting rate] of tax is to be applied and the amount of the personal relief deductible under this paragraph shall be calculated on a pro-rata basis.

(2) The amount to be deducted in respect of social security contributions under regulation 37(1)(b)(i), (2)(b)(ii) or (8)(a)(ii) shall be the total of—

(a) the amount of Class 2 contributions payable under section 11(1) or, as the case may be, 11(3) of the Act at the rate applicable to the assessment period except where the claimant’s chargeable income is less than the amount specified in section 11(4) of the Act (small earnings exception) for the tax year applicable to the assessment period; but if the assessment period is less than a year, the amount specified for that tax year shall be reduced pro-rata; and

(b) the amount of Class 4 contributions (if any) which would be payable under section 15 of the Act (Class 4 contributions recoverable under the Income Tax Acts) at the percentage rate applicable to the assessment period on so much of the chargeable income as exceeds the lower limit but does not exceed the upper limit of profits and gains applicable for the tax year applicable to the assessment period; but if the assessment period is less than a year, those limits shall be reduced pro-rata.

(3) In this regulation “chargeable income” means—

(a) except where sub-paragraph (b) applies, the earnings derived from the employment less any expenses deducted under paragraph (2)(a) or, as the case may be, (3) of regulation 37;

(b) in the case of employment as a child minder, one third of the earnings of that employment.

Textual Amendments

F69 Words in reg. 38(1) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(5)

Commencement Information

I37 Reg. 38 in operation at 20.11.2006, see reg. 1(1)

SECTION 5 N.I. Other income

Notional income N.I.

39.—(1) A claimant shall be treated as possessing—

(a) subject to paragraph (2) the amount of any retirement pension income—

(i) for which no claim has been made, and

(ii) to which he might expect to be entitled if a claim for it were made;

(b) income from an occupational pension scheme which the claimant elected to defer.

(2) Paragraph (1)(a) shall not apply to the following where entitlement has been deferred—

(a) a Category A or Category B retirement pension payable under sections 43 to 55 of the Act;

(b) a shared additional pension payable under section 55A of the Act(105); and

(c) graduated retirement benefit payable under sections 35 or 36 of the National Insurance Act (Northern Ireland) 1966(106).

(3) For the purposes of paragraph (2) entitlement has been deferred—

(a) in the case of Category A or Category B pension, in the circumstances specified in section 55(3) of the Act(107);

(b) in the case of a shared additional pension, in the circumstances specified in section 55C(3) of the Act(108);

(c) in the case of graduated retirement benefit, in the circumstances specified in section 35(4) and (4A) of the National Insurance Act (Northern Ireland) 1966(109).

[F70 (4) This paragraph applies where a person aged not less than 60—

(a) is entitled to money purchase benefits under an occupational pension scheme or a personal pension scheme;

(b) fails to purchase an annuity with the funds available in that scheme; and

(c) either—

(i) defers in whole or in part the payment of any income which would have been payable to him by his pension fund holder;

(ii) fails to take any necessary action to secure that the whole of any income which would be payable to him by his pension fund holder upon his applying for it, is so paid, or

(iii) income withdrawal is not available to him under that scheme.

(4A) Where paragraph (4) applies, the amount of any income foregone shall be treated as possessed by that person, but only from the date on which it could be expected to be acquired were an application for it to be made.]

(5) The amount of any income foregone in a case [F71 where paragraph (4)(c)(i) or (ii)] applies shall be the maximum amount of income which may be withdrawn from the fund and shall be determined by the relevant authority which shall take account of information provided by the pension fund holder in accordance with regulation 63(6).

(6) The amount of any income foregone in a case [F72 where paragraph (4)(c)(iii)] applies shall be the income that the claimant could have received without purchasing an annuity had the funds held under the relevant scheme F73 ... been held under a personal pension scheme or occupational pension scheme where income withdrawal was available and shall be determined in the manner specified in paragraph (5).

(7) In paragraph (4), “money purchase benefits” has the meaning it has in the Pension Schemes (Northern Ireland) Act 1993(110).

(8) Subject to paragraph (9), a person shall be treated as possessing income of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit.

(9) Paragraph (8) shall not apply in respect of the amount of an increase of pension or benefit where a person, having made an election in favour of that increase of pension or benefit under Schedule 5 or 5A to the Act(111) or under Schedule 1 to the Graduated Retirement Benefit Regulations, changes that election in accordance with regulations made under Schedule 5 or 5A to that Act in favour of a lump sum.

(10) In paragraph (9), “lump sum” means a lump sum under Schedule 5 or 5A to the Act or under Schedule 1 to the Graduated Retirement Benefit Regulations.

(11) Where a claimant is in receipt of any benefit (other than housing benefit) under the benefit Acts and the rate of that benefit is altered with effect from a date on or after 1st April in any year but not more than 14 days thereafter, the relevant authority shall treat the claimant as possessing such benefit at the altered rate—

(a) in a case in which the claimant’s weekly amount of eligible rent or, as the case may be, rates falls to be calculated in accordance with regulation 59(2)(b) or (c) or, as the case may be, (3)(b) or (c), from 1st April in that year;

(b) in any other case, from the first Monday in April in that year,

to the date on which the altered rate is to take effect.

(12) In the case of a claimant who has, or whose partner has, an award of state pension credit comprising only the savings credit, where a relevant authority treats the claimant as possessing any benefit (other than housing benefit) at the altered rate in accordance with paragraph (11), that authority shall—

(a) determine the income and capital of that claimant in accordance with regulation 25(1), where the calculation or estimate of that income and capital is altered with effect from a date on or after 1st Aril in any year but not more than 14 days thereafter; and

(b) treat that claimant as possessing such income and capital at the altered rate by reference to the period referred to in paragraph (11)(a) or (b), as the case may be.

(13) For the purposes of paragraph (8), a person is not to be regarded as depriving himself of income where—

(a) his rights to benefits under a registered pension scheme are extinguished and in consequence of this he receives a payment from the scheme; and

(b) that payment is a trivial commutation lump sum within the meaning given by paragraph 7 of Schedule 29 to the Finance Act 2004(112).

(14) In paragraph (13) “registered pension scheme” has the meaning given in section 150(2) of the Finance Act 2004.

Textual Amendments

F70 Reg. 39(4)(4A) substituted for reg. 39(4) (16.7.2007) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(4)(a)

F71 Words in reg. 39(5) substituted (16.7.2007) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(4)(b)

F72 Words in reg. 39(6) substituted (16.7.2007) by The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(4)(c)(i)

F73 Words in reg. 39(6) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(4)(c)(ii)

Commencement Information

I38 Reg. 39 in operation at 20.11.2006, see reg. 1(1)

Income paid to third parties N.I.

40.—(1) Any payment of income, other than a payment specified in paragraph (2), to a third party in respect of the claimant shall be treated as possessed by the claimant.

(2) Paragraph (1) shall not apply in respect of a payment of income made under an occupational pension scheme, in respect of a pension or other periodical payment made under a personal pension scheme or a payment made by the Board of the Pension Protection Fund where—

(a) a bankruptcy order has been made in respect of the person in respect of whom the payment has been made or, in Scotland, the estate of that person is subject to sequestration or a judicial factor has been appointed on that person’s estate under section 41 of the Solicitors (Scotland) Act 1980(113);

(b) the payment is made to the trustee in bankruptcy or any other person acting on behalf of the creditors; and

(c) the person referred to in sub-paragraph (a) and his partner does not possess, or is not treated as possessing, any other income apart from that payment.

Commencement Information

I39 Reg. 40 in operation at 20.11.2006, see reg. 1(1)

SECTION 6 N.I. Capital

Capital limit N.I.

41.  For the purposes of section 130(1) of the Act as it applies to housing benefit (no entitlement to benefit if capital exceeds a prescribed amount), the prescribed amount is £16,000.

Commencement Information

I40 Reg. 41 in operation at 20.11.2006, see reg. 1(1)

Calculation of capital N.I.

42.—(1) For the purposes of Part VII of the Act as it applies to housing benefit, the capital of a claimant to be taken into account shall, subject to paragraph (2), be the whole of his capital calculated in accordance with this Part.

(2) There shall be disregarded from the calculation of the claimant’s capital under paragraph (1) any capital, where applicable, specified in Schedule 7.

(3) A claimant’s capital shall be treated as including any payment made to him by way of arrears of—

(a) child tax credit;

(b) working tax credit;

(c) state pension credit,

if the payment was made in respect of a period for the whole or part of which housing benefit was paid before those arrears were paid.

Commencement Information

I41 Reg. 42 in operation at 20.11.2006, see reg. 1(1)

Calculation of capital in the United Kingdom N.I.

[F74 43.   Capital which a claimant possesses in the United Kingdom shall be calculated at its current market or surrender value less—

(a) where there would be expenses attributable to the sale, 10 per cent.; and

(b) the amount of any encumbrance secured on it.]

Textual Amendments

F74 Reg. 43 substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(6)

Calculation of capital outside the United Kingdom N.I.

44.  Capital which a claimant possesses in a country outside the United Kingdom shall be calculated—

(a) in a case where there is no prohibition in that country against the transfer to the United Kingdom of an amount equal to its current market or surrender value in that country, at that value;

(b) in a case where there is such a prohibition, at the price which it would realise if sold in the United Kingdom to a willing buyer,

less, where there would be expenses attributable to sale, 10 per cent. and the amount of any encumbrance secured on it.

Commencement Information

I42 Reg. 44 in operation at 20.11.2006, see reg. 1(1)

Notional capital N.I.

45.—(1) A claimant shall be treated as possessing capital of which he has deprived himself for the purpose of securing entitlement to housing benefit or increasing the amount of that benefit except to the extent that the capital which he is treated as possessing is reduced in accordance with regulation 46.

(2) A person who disposes of capital for the purpose of—

(a) reducing or paying a debt owed by the claimant; or

(b) purchasing goods or services if the expenditure was reasonable in the circumstances of the claimant’s case,

shall be regarded as not depriving himself of it.

(3) Where a claimant stands in relation to a company in a position analogous to that of a sole owner or partner in the business of that company, he shall be treated as if he were such sole owner or partner and in such a case—

(a) the value of his holding in that company shall, notwithstanding regulation 42, be disregarded; and

(b) he shall, subject to paragraph (4), be treated as possessing an amount of capital equal to the value or, as the case may be, his share of the value of the capital of that company and the foregoing provisions of this Part shall apply for the purposes of calculating that amount as if it were actual capital which he does possess.

(4) For so long as a claimant undertakes activities in the course of the business of the company, the amount which he is treated as possessing under paragraph (3) shall be disregarded.

(5) Where under this regulation a person is treated as possessing capital, the amount of that capital shall be calculated in accordance with the provisions of this Part as if it were actual capital which he does possess.

Commencement Information

I43 Reg. 45 in operation at 20.11.2006, see reg. 1(1)

Diminishing notional capital rule N.I.

46.—(1) Where a claimant is treated as possessing capital under regulation 45(1), the amount which he is treated as possessing—

(a) in the case of a week that is subsequent to—

(i) the relevant week in respect of which the conditions set out in paragraph (2) are satisfied, or

(ii) a week which follows that relevant week and which satisfies those conditions,

shall be reduced by an amount determined under paragraph (3);

(b) in the case of a week in respect of which paragraph (1)(a) does not apply but where—

(i) that week is a week subsequent to the relevant week, and

(ii) that relevant week is a week in which the condition in paragraph (4) is satisfied,

shall be reduced by the amount determined under paragraph (4).

(2) This paragraph applies to a benefit week where the claimant satisfies the conditions that—

(a) he is in receipt of housing benefit; and

(b) but for regulation 45(1), he would have received an additional amount of housing benefit in that week.

(3) In a case to which paragraph (2) applies, the amount of the reduction for the purposes of paragraph (1)(a) shall be equal to the aggregate of—

(a) the additional amount to which paragraph (2)(b) refers;

(b) where the claimant has also claimed state pension credit, the amount of any state pension credit or any additional amount of state pension credit to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 21(1) of the State Pension Credit Regulations (Northern Ireland) 2003(114) (notional capital);

(c) where the claimant has also claimed a jobseeker’s allowance, the amount of an income-based jobseeker’s allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 113 of the Jobseeker’s Allowance Regulations(115) (notional capital); [F75 and

(d) where the claimant has also claimed an employment and support allowance, the amount of an income-related employment and support allowance to which he would have been entitled in respect of the benefit week to which paragraph (2) refers but for the application of regulation 115 of the Employment and Support Allowance Regulations (notional capital).]

(4) Subject to paragraph (5), for the purposes of paragraph (1)(b) the condition is that the claimant would have been entitled to housing benefit in the relevant week but for regulation 45(1), and in such a case the amount of the reduction shall be equal to the aggregate of—

(a) the amount of housing benefit to which the claimant would have been entitled in the relevant week but for regulation 45(1) and, for the purposes of this sub-paragraph, if the relevant week is a week to which regulation 59(4)(a) refers, that amount shall be determined by dividing the amount of housing benefit to which he would have been so entitled by the number of days in that week for which he was liable to make payments in respect of the dwelling he occupies as his home and multiplying the quotient so obtained by 7;

(b) if the claimant would, but for regulation 21 of the State Pension Credit Regulations (Northern Ireland) 2003, have been entitled to state pension credit in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the state pension credit to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7;

(c) if the claimant would, but for regulation 113 of the Jobseeker’s Allowance Regulations, have been entitled to an income-based jobseeker’s allowance in respect of the benefit week, within the meaning of regulation 1(2) of those Regulations(116) (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the income-based jobseeker’s allowance to which he would have been so entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.

[F76 (5) The amount determined under paragraph (4) shall be re-determined under that paragraph if the claimant makes a further claim for housing benefit and the conditions in paragraph (6) are satisfied, and in such a case—

(a) sub-paragraphs (a) to (c) of paragraph (4) shall apply as if for “relevant week” there were substituted “relevant subsequent week”; and

(b) subject to paragraph (7), the amount as re-determined shall have effect from the first week following the relevant subsequent week in question.

(6) The conditions are that—

(a) a further claim is made 26 or more weeks after—

(i) the date on which the claimant made a claim for housing benefit in respect of which he was first treated as possessing the capital in question under regulation 45(1);

(ii) in a case where there has been at least one re-determination in accordance with paragraph (5), the date on which he last made a claim for housing benefit which resulted in the weekly amount being re-determined, or

(iii) the date on which he last ceased to be entitled to housing benefit,

whichever last occurred; and

(b) the claimant would have been entitled to housing benefit but for regulation 45(1) or regulation 46(1) of the Housing Benefit Regulations.

(7) The amount as re-determined pursuant to paragraph (5) shall not have effect if it is less than the amount which applied in that case immediately before the re-determination and in such a case the higher amount shall continue to have effect.

(8) For the purposes of this regulation—

“part-week” in paragraph (4)(b) [F77 , (c) and (d)] means—

(a)

a period of less than a week which is the whole period for which state pension credit [F78 , an income-related employment and support allowance] , or, as the case may be, an income-based jobseeker’s allowance, is payable; and

(b)

any other period of less than a week for which either of those benefits is payable;

“relevant week” means the benefit week in which the capital in question of which the claimant has deprived himself within the meaning of regulation 45(1)—

(a)

was first taken into account for the purpose of determining his entitlement to housing benefit; or

(b)

was taken into account on a subsequent occasion for the purpose of determining or re-determining his entitlement to housing benefit on that subsequent occasion and that determination or re-determination resulted in his beginning to receive, or ceasing to receive, housing benefit,

and where more than one benefit week is identified by reference to paragraphs (a) and (b) of this definition, means the later or latest such benefit week;

“relevant subsequent week” means the benefit week which includes the day on which the further claim or, if more than one further claim has been made, the last such claim was made.]

Textual Amendments

F75 Reg. 46(3)(d) and word added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(7)(a)

F76 Reg. 46(4)(d) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(7)(b)

F77 Words in reg. 46(8) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(7)(c)(i)

F78 Words in reg. 46(8)(a) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(7)(c)(ii)

Commencement Information

I44 Reg. 46 in operation at 20.11.2006, see reg. 1(1)

Capital jointly held N.I.

47.—(1) Where a claimant and one or more other persons are beneficially entitled in possession to any capital asset, other than a capital asset disregarded under regulation 45(3), they shall be treated as if each of them were entitled in possession to the whole beneficial interest therein in an equal share and the foregoing provisions of this Part shall apply for the purposes of calculating the amount of capital which the claimant is treated as possessing as if it were actual capital which the claimant does possess.

(2) Any premises or land not wholly owned by the claimant shall be disregarded for such period as is reasonable in the circumstances to enable the collection of such information as is necessary to determine the treatment of capital in accordance with paragraph (1).

Commencement Information

I45 Reg. 47 in operation at 20.11.2006, see reg. 1(1)

PART VII N.I. Amount of benefit

Modifications etc. (not altering text)

C12 Pt. VII applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 21(1)

Maximum housing benefit N.I.

48.  The amount of a person’s appropriate maximum housing benefit in any week shall be—

(a) 100 per cent. of his eligible rent calculated on a weekly basis in accordance with regulations 59 and 60; and

(b) 100 per cent. of his eligible rates calculated on a weekly basis in accordance with those Regulations,

less, in either case, any deductions in respect of non-dependants which fall to be made under regulation 53.

Commencement Information

I46 Reg. 48 in operation at 20.11.2006, see reg. 1(1)

Housing benefit tapers N.I.

49.  The prescribed percentages for the purpose of section 129(3)(b) of the Act (percentage of excess of income over applicable amount which is deducted from maximum housing benefit) shall be—

(a) in calculating the amount of a rate rebate, 20 per cent.; and

(b) in calculating the amount of a rent rebate or allowance, 65 per cent.

Commencement Information

I47 Reg. 49 in operation at 20.11.2006, see reg. 1(1)

[F79 Amount payable during extended payment period when an extended payment is payable pursuant to regulation 70 or 71 of the Housing Benefit Regulations N.I.

50.— (1) This regulation applies where—

(a) a claimant became entitled to an extended payment pursuant to regulation 70 of the Housing Benefit Regulations or an extended payment (qualifying contributory benefits) pursuant to regulation 71 of those Regulations; and

(b) during the extended payment period, these Regulations become applicable to the claimant or the claimant’s partner in accordance with regulation 5.

(2) Where this regulation applies, the amount of the extended payment or extended payment (qualifying contributory benefits) payable to a claimant for any week during the extended payment period shall be the higher of—

(a) the amount of the extended payment payable in accordance with regulation 70B(1)(a) of the Housing Benefit Regulations or the extended payment (qualifying contributory benefits) payable in accordance with regulation 71B(1)(a) of those Regulations, as the case may be;

(b) the amount of housing benefit to which a claimant would be entitled under the general conditions of entitlement of these Regulations, if regulation 70 or 71 of the Housing Benefit Regulations did not apply to the claimant; or

(c) the amount of housing benefit to which the claimant’s partner would be entitled under the general conditions of entitlement of these Regulations, if regulation 70 or 71 of the Housing Benefit Regulations did not apply to the claimant.

(3) Where this regulation applies, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period to a claimant’s partner under these Regulations for any week in the extended payment period.]

Textual Amendments

F79 Reg. 50 substituted (6.10.2008) by The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(3)

Extended payments (qualifying contributory benefits) N.I.

[F80 51.— (1) Except in the case of a claimant who is in receipt of state pension credit, a claimant who is entitled to housing benefit (by virtue of the general conditions of entitlement) shall be entitled to an extended payment (qualifying contributory benefits) where—

(a) the claimant or the claimant’s partner was entitled to a qualifying contributory benefit;

(b) entitlement to a qualifying contributory benefit ceased because the claimant or the claimant’s partner—

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

(ii) increased their earnings from such employment, or

(iii) increased the number of hours worked in such employment,

and that employment is or, as the case may be, increased earnings or increased number of hours are expected to last 5 weeks or more;

(c) the claimant or the claimant’s partner had been entitled to and in receipt of a qualifying contributory benefit or a combination of qualifying contributory benefits for a continuous period of at least 26 weeks before the day on which the entitlement to a qualifying contributory benefit ceased; and

(d) the claimant or the claimant’s partner was not entitled to and not in receipt of a qualifying income-related benefit in the last benefit week in which the claimant, or the claimant’s partner, was entitled to a qualifying contributory benefit.

(2) A claimant must be treated as entitled to housing benefit by virtue of the general conditions of entitlement where—

(a) the claimant ceased to be entitled to housing benefit because the claimant vacated the dwelling occupied as the claimant’s home;

(b) the day on which the claimant vacated the dwelling was either in the week in which entitlement to a qualifying contributory benefit ceased, or in the preceding week; and

(c) entitlement to the qualifying contributory benefit ceased in any of the circumstances listed in paragraph (1)(b).]

Textual Amendments

F80 Regs. 51-51C substituted for reg. 51 (6.10.2008) by The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(4)

Duration of extended payment period (qualifying contributory benefits) N.I.

51A.—(1) Where a claimant is entitled to an extended payment (qualifying contributory benefits), the extended payment period starts on the first day of the benefit week immediately following the benefit week in which the claimant, or the claimant’s partner, ceased to be entitled to a qualifying contributory benefit.

(2) For the purpose of paragraph (1), a claimant or a claimant’s partner ceases to be entitled to a qualifying contributory benefit on the day immediately following the last day of entitlement to that benefit.

(3) The extended payment period ends—

(a) at the end of a period of 4 weeks; or

(b) on the date on which the claimant to whom the extended payment (qualifying contributory benefits) is payable has no liability for rent or rates, if that occurs first.

Amount of extended payment (qualifying contributory benefits) N.I.

51B.—(1) Subject to the paragraphs (2) to (5), for any week during the extended payment period the amount of the extended payment (qualifying contributory benefits) payable to a claimant shall be the higher of the amount of housing benefit to which—

(a) the claimant was entitled under the general conditions of entitlement in the last benefit week before the claimant or the claimant’s partner ceased to be entitled to a qualifying contributory benefit;

(b) the claimant would be entitled under the general conditions of entitlement for any benefit week during the extended payment period, if regulation 51 did not apply to the claimant; or

(c) the claimant’s partner would be entitled under the general conditions of entitlement, if regulation 51 did not apply to the claimant.

(2) Where the last benefit week referred to in paragraph (1)(a) fell, in whole or in part, within a rent and rate-free period, the last benefit week for the purposes of that paragraph is the last benefit week that did not fall within the rent and rate-free period.

(3) Where—

(a) a claimant is entitled to an extended payment (qualifying contributory benefit) by virtue of regulation 51(2); and

(b) the last benefit week before the claimant ceased to be entitled to a qualifying contributory benefit was a week in which the claimant’s eligible rent or rates was calculated in accordance with regulation 59(4)(c),

the last benefit week for the purpose of calculating the amount of the extended payment (qualifying contributory benefits) under paragraph (1)(a) shall be the benefit week before the partial week.

(4) Where—

(a) a claimant was treated as occupying 2 dwellings as the claimant’s home under regulation 7(6) at the time when the claimant’s entitlement to a qualifying contributory benefit ceased; and

(b) the claimant’s liability to pay rent or rates for either of those dwellings ceases during the extended payment period,

the amount of the extended payment (qualifying contributory benefits) for any week shall be reduced by a sum equivalent to the housing benefit which was payable in respect of that dwelling.

(5) No extended payment (qualifying contributory benefits) is payable for any rent and rate-free period as defined in regulation 60(1).

(6) Where a claimant is in receipt of an extended payment (qualifying contributory benefits) under this regulation and the claimant’s partner makes a claim for housing benefit, no amount of housing benefit shall be payable by the appropriate authority during the extended payment period.

Relationship between extended payment (qualifying contributory benefits) and entitlement to housing benefit under the general conditions of entitlement N.I.

51C.—(1) Where a claimant’s housing benefit award would have ended when the claimant ceased to be entitled to a qualifying contributory benefit in the circumstances listed in regulation 51(1)(b), that award will not cease until the end of the extended payment period.

(2) Part VIII shall not apply to any extended payment (qualifying contributory benefits) payable in accordance with regulation 51B(1)(a).

Continuing payments where state pension credit claimed N.I.

52.—(1) This regulation applies where—

(a) the claimant is entitled to housing benefit;

(b) paragraph (2) is satisfied; and

(c) either—

(i) the claimant has attained the qualifying age for state pension credit or, if his entitlement to income-based jobseeker’s allowance [F81 or income-related employment and support allowance] continued beyond that age, has attained the age of 65, or

(ii) the claimant’s partner has actually claimed state pension credit.

(2) This regulation is only satisfied if the Department has certified to the relevant authority that the claimant’s partner has actually claimed state pension credit or that—

(a) the claimant’s award of—

(i) income support has terminated because the claimant has attained the qualifying age for state pension credit, or

(ii) income-based jobseeker’s allowance [F82 or income-related employment and support allowance] has terminated because the claimant has attained the qualifying age for state pension credit or the age of 65; and

(b) the claimant has claimed or is treated as having claimed or is required to make a claim for state pension credit.

(3) Subject to paragraph (4), in a case to which this regulation applies, housing benefit shall continue to be paid for the period of 4 weeks beginning on the day following the day the claimant’s entitlement to income support [F83 , income-related employment and support allowance ] or, as the case may be, income-based jobseeker’s allowance, ceased, if and for so long as the claimant otherwise satisfies the conditions for entitlement to housing benefit.

(4) Where housing benefit is paid for the period of 4 weeks in accordance with paragraph (3), and the last day of that period falls on a day other than the last day of a benefit week, then housing benefit shall continue to be paid until the end of the benefit week in which the last day of that period falls.

(5) Throughout the period of 4 weeks specified in paragraph (3) and any further period specified in paragraph (4)—

(a) the whole of the income and capital of the claimant shall be disregarded;

(b) subject to paragraph (6) the appropriate maximum housing benefit of the claimant shall be that which was applicable in his case immediately before that period commenced.

(6) The appropriate maximum housing benefit shall be calculated in accordance with regulation 48 if, since the date it was last calculated—

(a) the claimant’s rent or rates or both have increased; or

(b) a change in the deduction under regulation 53 falls to be made.

Textual Amendments

F81 Words in reg. 52(1)(c)(i) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(8)(a)

F82 Words in reg. 52(2)(a)(ii) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(8)(a)

F83 Words in reg. 52(3) inserted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(8)(b)

Commencement Information

I48 Reg. 52 in operation at 20.11.2006, see reg. 1(1)

Non-dependant deductions N.I.

53.—(1) Subject to the following provisions of this regulation, the deductions referred to in regulation 48 shall be—

(a) in respect of a non-dependant aged 18 or over in remunerative work—

(i) in calculating the amount of a rent rebate or allowance, £47.75 per week;

(ii) in calculating the amount of a rate rebate, £6.95 per week;

(b) in respect of a non-dependant aged 18 or over to whom sub-paragraph (a) does not apply—

(i) in calculating the amount of a rent rebate or allowance, £7.40 per week;

(ii) in calculating the amount of a rate rebate, £2.30 per week.

(2) In the case of a non-dependant aged 18 or over to whom paragraph (1)(a) applies because he is in remunerative work, where it is shown to the appropriate authority that his normal weekly gross income is—

(a) less than [F84 £116∙00,] the deduction to be made under this regulation in respect of a rent rebate or allowance shall be that specified in paragraph (1)(b)(i);

(b) not less than [F85 £116∙00 ]but less than [F85 £172∙00,] the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £17∙00;

(c) not less than [F86 £172∙00 ]but less than [F86 £223∙00,] the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £23∙35;

(d) not less than [F87 £213∙00 ]but less than [F87 £296∙00,] the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £38∙20;

(e) not less than [F88 £296∙00 ]but less than [F88 £369∙00,] the deduction to be made under this regulation in respect of a rent rebate or allowance shall be £43∙50;

(f) less than [F89 £172∙00,] the deduction to be made under this regulation in respect of a rate rebate shall be that specified in paragraph (1)(b)(ii);

(g) not less that [F90 £172∙00 ]but less than [F90 £296∙00,] the deduction to be made under this regulation in respect of a rate rebate shall be £4∙60;

(h) not less than [F91 £296∙00 ]but less than [F91 £369∙00,] the deduction to be made under this regulation in respect of a rate rebate shall be £5∙80.

(3) Only one deduction shall be made under this regulation in respect of a couple or, as the case may be, members of a polygamous marriage and, where, but for this paragraph, the amount that would fall to be deducted in respect of one member of a couple or polygamous marriage is higher than the amount (if any) that would fall to be deducted in respect of the other, or any other, member, the higher amount shall be deducted.

(4) In applying the provisions of paragraph (2) in the case of a couple or, as the case may be, a polygamous marriage, regard shall be had, for the purpose of paragraph (2) to the couple’s or, as the case may be, all members of the polygamous marriage’s joint weekly gross income.

(5) Where a person is a non-dependant in respect of more than one joint occupier of a dwelling (except where the joint occupiers are a couple or members of a polygamous marriage), the deduction in respect of that non-dependant shall be apportioned between the joint occupiers (the amount so apportioned being rounded to the nearest penny) having regard to the number of joint occupiers and the proportion of the payments in respect of the dwelling payable by each of them.

(6) No deduction shall be made in respect of any non-dependants occupying a claimant’s dwelling if the claimant or his partner is—

(a) blind or treated as blind by virtue of paragraph 6(5) of Schedule 4; or

(b) receiving in respect of himself either—

(i) attendance allowance, or

(ii) the care component of the disability living allowance.

(7) No deduction shall be made in respect of a non-dependant if—

(a) although he resides with the claimant, it appears to the appropriate authority that his normal home is elsewhere;

[F92 (b) he is in receipt of an allowance paid in connection with training provided or arranged by the Department for Employment and Learning under section 1(1) or 3 of the 1950 Act for which persons aged under 18 are eligible and for which persons aged 18 to 24 may be eligible;]

(c) he is a full-time student during a period of study within the meaning of regulation 50(1) of the Housing Benefit Regulations (students);

(d) he is a full-time student and during a recognised summer vacation appropriate to his course he is not in remunerative work;

(e) he is a full-time student and the claimant or his partner has attained the age of 65; or

(f) he is not residing with the claimant because he has been a patient for a period in excess of 52 weeks, or a prisoner, and for these purposes—

(i) “patient” has the meaning given in paragraph (18) of regulation 7;

(ii) where a person has been a patient for 2 or more distinct periods separated by one or more intervals each not exceeding 28 days, he shall be treated as having been a patient continuously for a period equal in duration to the total of those distinct periods, and

(iii) “prisoner” means a person who is detained in custody pending trial or sentence upon conviction or under a sentence imposed by a court other than a person who is detained in hospital under the Mental Health (Northern Ireland ) Order 1986(117).

(8) No deduction shall be made in calculating the amount of—

(a) a rent rebate or allowance in respect of a non-dependant aged less than 25 who is on income support [F93 , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)] ;

(b) a rate rebate in respect of a non-dependant who is on income support [F94 , an income-based jobseeker’s allowance or an income-related employment and support allowance which does not include an amount under section 4(2)(b) of the Welfare Reform Act (the support component and the work-related activity component)] .

(9) No deduction shall be made in respect of a non-dependant who is on state pension credit.

(10) In the case of a non-dependant to whom paragraph (2) applies because he is in remunerative work, there shall be disregarded from his weekly gross income—

(a) any attendance allowance or disability living allowance received by him;

(b) any payment made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust or the Independent Living [F95 Fund (2006)] which had his income fallen to be calculated under regulation 37 of the Housing Benefit Regulations (calculation of income other than earnings) would have been disregarded under paragraph 24 of Schedule 6 to those Regulations (income in kind); and

(c) any payment which had his income fallen to be calculated under regulation 37 of the Housing Benefit Regulations would have been disregarded under paragraph 37 of Schedule 6 to those Regulations (payments made under certain trusts and certain other payments).

Textual Amendments

F84 Sum in Reg. 53(2)(a) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(i)

F85 Sums in Reg. 53(2)(b) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(ii)

F86 Sums in Reg. 53(2)(c) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(iii)

F87 Sums in Reg. 53(2)(d) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(iv)

F88 Sums in Reg. 53(2)(e) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(v)

F89 Sum in Reg. 53(2)(f) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(vi)

F90 Sums in Reg. 53(2)(g) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(vii)

F91 Sums in Reg. 53(2)(h) substituted (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(viii)

F92 Reg. 53(7)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(3)(a)

F93 Words in reg. 53(8)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(9)

F94 Words in reg. 53(8)(b) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(9)

F95 Words in reg. 53(10)(b) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(3)(b)

Modifications etc. (not altering text)

C13 Reg. 53(1): sums confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(a)

C14 Reg. 53(1): sums confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(a)

C15 Reg. 53(2)(b): sum confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(b)(ii)

C16 Reg. 53(2)(b): sum confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(ii)

C17 Reg. 53(2)(c): sum confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(b)(iii)

C18 Reg. 53(2)(c): sum confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(iii)

C19 Reg. 53(2)(d): sum confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(b)(iv)

C20 Reg. 53(2)(d): sum confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(iv)

C21 Reg. 53(2)(e): sum confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(b)(v)

C22 Reg. 53(2)(e): sum confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(v)

C23 Reg. 53(2)(g): sum confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(b)(vii)

C24 Reg. 53(2)(g): sum confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(vii)

C25 Reg. 53(2)(h): sum confirmed (1.4.2007 in so far as not already in operation, 2.4.2007 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2007 (revoked) 2007 (S.R. 2007/153), arts. 1(1)(j), 20(3)(b)(viii)

C26 Reg. 53(2)(h): sum confirmed (7.4.2008 for specified purposes) by The Social Security Benefits Up-rating Order (Northern Ireland) 2008 (S.R. 2008/92), arts. 1(1)(j), 20(3)(b)(viii)

Commencement Information

I49 Reg. 53 in operation at 20.11.2006, see reg. 1(1)

Minimum housing benefit N.I.

54.  Where housing benefit is payable in the form of a rent rebate or allowance, it shall not be payable where the amount to which a person would otherwise be entitled is less than 50 pence per benefit week.

Commencement Information

I50 Reg. 54 in operation at 20.11.2006, see reg. 1(1)

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

Modifications etc. (not altering text)

C27 Pt. VIII applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 23

Date on which entitlement is to commence N.I.

55.—(1) Subject to paragraph (2), a person who makes a claim for, and is otherwise entitled to, housing benefit shall be entitled to that benefit from the benefit week following the first day in respect of which that claim is made.

(2) 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 he is otherwise entitled to housing benefit and—

(a) he becomes liable in that benefit week, for the first time, to make payments in respect of a dwelling which he occupies as his home; or

[F96 (b) he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (3) which he occupies as his home.]

[F97 (3) The accommodation referred to in paragraph (2)(b) is—

(a) a hostel;

(b) board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;

(c) accommodation secured by the Executive where the payments are to the Executive under Article 12(2) of that Order; or

(d) accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.

(4) In this regulation “board and lodging accommodation” means—

(a) accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b) accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.]

Textual Amendments

F96 Reg. 55(2)(b) substituted (1.4.2007) by The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/121), regs. 1(1), 3(2)(a)

F97 Reg. 55(3)(4) added (1.4.2007) by The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/121), regs. 1(1), 3(2)(b)

Commencement Information

I51 Reg. 55 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.

F98 56.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F98 Reg. 56 omitted (6.10.2008) by virtue of The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(5)(a)

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

57.—(1) Except in cases where regulation 32 [F99 applies, and subject to regulation 8(3) of the Decisions and Appeals Regulations and] the following provisions of this regulation, and to regulations 58 and 59(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) [F100 and regulation 8(3) of the Decisions and Appeals Regulations] , 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) [F101 to (11A)] , 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 59(6), shall take effect as follows—

(a) where the amendment is made by an order under section 132 of the Administration Act(118) (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 59(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, F102 ...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 [F103 occupying] the former dwelling in accordance with whichever of those regulations applies in his case.

[F104 (11A) Where the change of circumstances is that the person moves to a new dwelling and immediately before the move that person is treated as occupying the new dwelling in accordance with regulation 7(8) then that change of circumstances shall take effect on the first day on which the person is treated as occupying the new dwelling as the home under that regulation.]

(12) Paragraph (13) applies if—

(a) the claimant or his partner has attained the age of 65; and

(b) either—

(i) a non-dependant took up residence in the claimant’s dwelling, or

(ii) there has been a change of circumstances in respect of a non-dependant so that the amount of the deduction which falls to be made under regulation 53 increased.

(13) Where this paragraph applies, the change of circumstances referred to in paragraph (12)(b) shall take effect from the effective date.

(14) In paragraph (13) but subject to paragraph (15), “the effective date” means—

(a) where more than one change of a kind referred to in paragraph (12)(b) relating to the same non-dependant has occurred since—

(i) the date on which the claimant’s entitlement to housing benefit first began, or

(ii) the date which was the last effective date in respect of such a change,

whichever is the later, the date which falls 26 weeks after the date on which the first such change occurred;

(b) where sub-paragraph (a) does not apply, the date which falls 26 weeks after the date on which the change referred to in paragraph (12)(b) occurred.

(15) If in any particular case the date determined under paragraph (14) is not the first day of a benefit week, the effective date in that case shall be the first day of the next benefit week to commence after the date determined under that paragraph.

Textual Amendments

F99 Words in reg. 57(1) substituted (24.9.2007) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007 (S.R. 2007/392), regs. 1, 5(a)

F100 Words in reg. 57(2) substituted (24.9.2007) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2007 (S.R. 2007/392), regs. 1, 5(b)

F101 Words in reg. 57(3) substituted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(7)(a)

F102 Words in reg. 57(10) omitted (1.4.2007) by virtue of The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/121), regs. 1(1), 3(3)

F103 Word in reg. 57(11) substituted (30.10.2008) by The Social Security (Miscellaneous Amendments No. 4) Regulations (Northern Ireland) 2008 (S.R. 2008/417), regs. 1, 6

F104 Reg. 57(11A) inserted (1.10.2007) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2007 (S.R. 2007/396), regs. 1(1), 10(7)(b)

Commencement Information

I52 Reg. 57 in operation at 20.11.2006, see reg. 1(1)

Change of circumstances where state pension credit payable N.I.

58.—(1) — Paragraphs (2) to (4) apply where—

(a) the claimant is also on state pension credit;

(b) the amount of state pension credit awarded to him is changed in consequence of a change in the claimant’s circumstances or the correction of an official error; and

(c) the change in the amount of state pension credit payable to the claimant results in a change in the rate of housing benefit payable to the claimant.

(2) Where the change of circumstances is that an increase in the amount of state pension credit payable to the claimant results in—

(a) an increase in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the increased rate; or

(b) a decrease in the rate at which housing benefit is payable to him, the change shall take effect from the first day of the benefit week next following the date on which—

(i) the relevant authority receives notification from the Department of the increase in the amount of state pension credit, or

(ii) state pension credit is increased,

whichever is the later.

(3) Where the change of circumstances is that the claimant’s state pension credit is reduced and in consequence the rate of housing benefit payable to the claimant reduces—

(a) in a case where the claimant’s state pension credit is reduced because the claimant failed to notify the Department timeously of the change of circumstances, the change shall take effect from the first day of the benefit week from which state pension credit was reduced; or

(b) in any other case the change shall take effect from the first day of the benefit week next following the date on which—

(i) the relevant authority receives notification from the Department of the reduction in the amount of state pension credit, or

(ii) state pension credit is reduced,

whichever is the later.

(4) Where the change of circumstances is that—

(a) state pension credit is reduced; and

(b) in consequence of the change, the rate of housing benefit payable to the claimant is increased,

the change shall take effect from the first day of the benefit week in which state pension credit becomes payable at the reduced rate.

(5) Where a change of circumstances is that an award of state pension credit has been made to the claimant or his partner and this would result in a decrease in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date on which—

(a) the relevant authority receives notification from the Department of the award; or

(b) entitlement to state pension credit begins,

whichever is the later.

(6) Where, in the case of a claimant who, or whose partner, is or has been awarded state pension credit comprising only the savings credit, there is—

(a) a change of circumstances of a kind described in any of paragraphs (2) to (5) which results from a relevant calculation or estimate; and

(b) a change of circumstances which is a relevant determination,

each of which results in a change in the rate of housing benefit payable to the claimant, the change of circumstances referred to in sub-paragraph (b) shall take effect from the day specified in paragraph (2), (3), (4) or (5) as the case may be, in relation to the change referred to in sub-paragraph (a).

(7) Where a change of circumstances occurs in that a guarantee credit has been awarded to the claimant or his partner and this would result in an increase in the rate of housing benefit payable to the claimant, the change shall take effect from the first day of the benefit week next following the date in respect of which the guarantee credit is first payable.

(8) Where a change of circumstances would but for this paragraph take effect under the preceding provisions of this regulation within the 4 week period specified in regulation 52, that change shall take effect on the first day of the first benefit week to commence after the expiry of the 4 week period.

(9) Where the change of circumstances is an amendment of these Regulations, that change, subject to regulation 59(6), shall take effect as follows—

(a) where the amendment is made by an order under section 132 of the Administration Act (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 59(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.

(10) In this regulation—

“official error” has the meaning it has in the Decisions and Appeals Regulations by virtue of regulation 1(2) of those Regulations;

“relevant calculation or estimate” means the calculation or estimate made by the Department of the claimant’s or, as the case may be, the claimant’s partner’s income and capital for the purposes of the award of state pension credit;

“relevant determination” means a change in the determination by the relevant authority of the claimant’s income and capital using the relevant calculation or estimate, in accordance with regulation 25(1).

Commencement Information

I53 Reg. 58 in operation at 20.11.2006, see reg. 1(1)

Calculation of weekly amounts N.I.

59.—(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;

(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 55(2) 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 57(3), (but is not a change described in sub-paragraph (c)(ii) of this paragraph), (4), (10) or (11) other than on the Monday 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 57(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 57(3),

other than on the Monday 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 VII.

(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) 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.

F105 (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Textual Amendments

F105 Reg. 59(8) omitted (6.10.2008) by virtue of The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(5)(b)

Commencement Information

I54 Reg. 59 in operation at 20.11.2006, see reg. 1(1)

Rent and rate-free periods N.I.

60.—(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 59(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 59(2)(a) applies, the amounts determined in his case in accordance with Parts V to VII 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 59(2)(b) or (c) applies, the amounts determined in his case in accordance with Parts V to VII 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 59(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

I55 Reg. 60 in operation at 20.11.2006, see reg. 1(1)

PART IX N.I. Claims

Modifications etc. (not altering text)

C28 Pt. IX applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 25(1)

Who may claim N.I.

61.—(1) In the case of a couple or members of a polygamous marriage a claim shall be made by whichever one of them they agree should so claim or, in default of agreement, by such one of them as the relevant authority shall determine.

(2) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act, and—

(a) a controller has been appointed by the High Court with power to claim, or as the case may be, receive benefit on his behalf; or

(b) an attorney with a general power or a power to claim or, as the case may be, receive benefit, has been appointed by that person under the Powers of Attorney Act (Northern Ireland)1971(119) or the Enduring Powers of Attorney (Northern Ireland) Order 1987(120),

that controller or attorney, as the case may be, may make a claim on behalf of that person.

(3) Where a person who is liable to make payments in respect of a dwelling is unable for the time being to act and paragraph (2) does not apply to him, the relevant authority may, upon written application made to them by a person who, if an individual, is over the age of 18, appoint that person to exercise on behalf of the person who is unable to act, any right to which that person might be entitled under the Act and to receive and deal on his behalf with any sums payable to him.

(4) Where the relevant authority has made an appointment under paragraph (3) or treated a person as an appointee under paragraph (5)—

(a) it may at any time revoke the appointment;

(b) the person appointed may resign his office after having given 4 weeks notice in writing to the relevant authority of his intention to do so;

(c) any such appointment shall terminate when the relevant authority is notified that a controller or an attorney has been appointed.

(5) Where a person who is liable to make payments in respect of a dwelling is for the time being unable to act and the Department has appointed a person to act on his behalf for the purposes of the Act the relevant authority may if that person agrees treat him as if he had been appointed by them under paragraph (3).

(6) Anything required by these Regulations to be done by or to any person who is for the time being unable to act may be done by or to the controller or attorney, if any, or by or to the person appointed or treated as appointed under this regulation and the receipt of any such person so appointed shall be a good discharge to the relevant authority for any sum paid.

Commencement Information

I56 Reg. 61 in operation at 20.11.2006, see reg. 1(1)

Time and manner in which claims are to be made N.I.

62.—(1) The prescribed time for claiming housing benefit is as regards any day on which, apart from satisfying the condition of making a claim, the claimant is entitled to housing benefit, that day and the period of [F106 3 months] immediately following it.

(2) [F107 Subject to [F108 paragraphs (5A) to (5BD)] ,] every claim shall be in writing and made on a properly completed form approved for the purpose by the relevant authority or in such written form as the relevant authority may accept as sufficient in the circumstances of any particular case or class of cases having regard to the sufficiency of the written information and evidence.

(3) The forms approved for the purpose of claiming shall be provided free of charge by the relevant authority or such persons as they may authorise or appoint for the purpose.

(4) Each relevant authority shall notify the Department of the address to which claims delivered or sent to the appropriate office are to be forwarded.

(5) A claim [F109 in writing] —

(a) may be sent or delivered to the appropriate office where the claimant or his partner is also claiming income support, state pension credit [F110 , a jobseeker’s allowance or an employment and support allowance] ;

(b) where it has not been sent or delivered to the appropriate office, shall be sent or delivered to the designated office;

(c) sent or delivered to the appropriate office shall be forwarded to the relevant authority within 2 working days of the date of the receipt of the claim at the appropriate office, or as soon as practicable thereafter;

(d) where the claimant has attained the qualifying age for entitlement to state pension credit , may be sent or delivered to an authorised office.

[F111 (5A) Where the relevant authority has published a telephone number for the purpose of receiving claims for housing benefit a claim may be made by telephone to that telephone number.

[F112 (5B) If the Department agrees, where—

(a) a person makes a claim for a benefit referred to in paragraph (5)(a); and

(b) the Department has made provision in the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 for that benefit to be claimed by telephone,

that person may claim housing benefit by telephone to the telephone number specified by the Department.

(5BA) A claim for housing benefit may be made in accordance with paragraph (5B) at any time before a decision has been made on the claim for the benefit referred to in paragraph (5)(a).

(5BB) If the Department agrees, where a person, in accordance with regulation 32 of the Social Security (Claims and Payments) Regulations (Northern Ireland) 1987 (information to be given and changes to be notified)—

(a) furnishes the Department with such information or evidence as it may require; or

(b) notifies the Department of any change of circumstances,

that person may claim housing benefit in the same manner in which the information or evidence was furnished or the notification was given.

(5BC) If the Department agrees, where a person, in accordance with regulation 24 of the Jobseeker’s Allowance Regulations (provision of information and evidence)—

(a) furnishes the Department with such certificates, documents and other evidence as it may require; or

(b) notifies the Department of any change of circumstances,

that person may claim housing benefit in the same manner as the certificate, document and other evidence was furnished or the notification was given.

(5BD) A claim for housing benefit may be made in accordance with paragraph (5BB) or (5BC) at any time before a decision has been made on the award of benefit to which the information, evidence, certificates, documents or notification relates.]

(5C) The relevant authority may determine, in any particular case, that a claim made [F113 in accordance with paragraph (5A)] is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the relevant authorityF114 ....

[F115 (5CA) The relevant authority or the Department may determine that a claim made by telephone in accordance with paragraphs (5B) to (5BD) is not a valid claim unless the person making the claim approves a written statement of his circumstances, provided for the purpose by the Department.]

[F116 (5D) A claim made by telephone in accordance with paragraphs (5A) to (5BD) is defective unless the relevant authority or the Department is provided with all the information requested during that telephone call.]

(5E) Where a claim made by telephone in accordance with paragraph (5A)F117 ... is defective, the relevant authority [F118 must] provide the person making it with an opportunity to correct the defect.

[F119 (5EA) Where a claim made by telephone in accordance with paragraphs (5B) to (5BD) is defective—

(a) the Department may provide the person making it with an opportunity to correct the defect;

(b) the relevant authority must provide the person making it with an opportunity to correct the defect if the Department has not already done so, unless the relevant authority considers that it has sufficient information to determine the claim.]

(5F) If the person corrects the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority [F120 or the Department] last drew attention to it, the relevant authority shall treat the claim as if it had been duly made in the first instance.]

[F121 (5G) If the person does not correct the defect within one month, or such longer period as the relevant authority considers reasonable, of the date the relevant authority or the Department last drew attention to it, the relevant authority may treat the claim as if it had been duly made in the first instance where it considers that it has sufficient information to determine the claim.]

(6) Subject to paragraph (11), the date on which a claim is made shall be—

(a) in a case where an award of state pension credit which comprises a guarantee credit has been made to the claimant or his partner and the claim for housing benefit is made within one month of the date on which the claim for state pension credit was received at the appropriate office, the first day of entitlement to state pension credit arising from that claim;

(b) in a case where a claimant or his partner is a person in receipt of a guarantee credit and he becomes liable for the first time to make payments in respect of the dwelling which he occupies as his home, where the claim is received at the designated office or appropriate office within one month of the claimant first becoming liable for such payments, the date he became liable for those payments;

(c) in a case where the claimant is the former partner of a person who was, at the date of his death or their separation, entitled to housing benefit and the claimant makes a claim within one month of the date of the death or the separation, that date;

[F122 (d) except where sub-paragraph (a), (b) or (c) is satisfied, in a case where a properly completed claim is received in a designated office, an authorised office or an appropriate office within one month, or such longer period as the relevant authority considers reasonable, of the date on which—

(i) a claim form was issued to the claimant following the claimant first notifying, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim, or

(ii) a claimant notifies, by whatever means, a designated office, an authorised office or an appropriate office of an intention to make a claim by telephone in accordance with paragraphs (5A) to (5BD),

the date of first notification; and]

(e) in any other case, the date on which the claim is received at the designated office, authorised office or appropriate office.

(7) Where a claim received at the designated office has not been made in the manner prescribed in paragraph (2), that claim is for the purposes of these Regulations defective.

(8) Where a claim is defective because—

(a) it was made on the form approved for the purpose but that form is not accepted by the relevant authority as being properly completed; or

(b) it was made in writing but not on the form approved for the purpose and the relevant authority does not accept the claim as being in a written form which is sufficient in the circumstances of the case having regard to the sufficiency of the written information and evidence,

the relevant authority may, in a case to which sub-paragraph (a) applies, request the claimant to complete the defective claim or, in the case to which sub-paragraph (b) applies, supply the claimant with the approved form or request further information or evidence.

(9) The relevant authority shall treat a defective claim as if it had been validly made in the first instance if—

(a) where paragraph (8)(a) applies, the authority receives at the designated office the properly completed claim or the information requested to complete it or the evidence within one month of the request, or such longer period as the relevant authority may consider reasonable; or

(b) where paragraph (8)(b) applies—

(i) the approved form sent to the claimant is received at the designated office properly completed within one month of it having been sent to him; or, as the case may be,

(ii) the claimant supplies whatever information or evidence was requested under paragraph (8) within one month of the request,

or within such longer period as the relevant authority may consider reasonable.

(10) A claim which is made on an approved form for the time being is, for the purposes of this regulation, properly completed if completed in accordance with the instructions on the form, including any instructions to provide information and evidence in connection with the claim.

(11) [F123 Except in the case of a claim made by a person from abroad,] where the claimant is not entitled to housing benefit in the benefit week immediately following the date of his claim but the relevant authority is of the opinion that unless there is a change of circumstances he will be entitled to housing benefit for a period beginning not later than the seventeenth benefit week following the date on which the claim is made, the relevant authority may treat the claim as made on a date in the benefit week immediately preceding the first benefit week of that period of entitlement and award benefit accordingly.

(12) Paragraph (11) applies in the case of a person who has attained, or whose partner has attained, the age of 59 years and 35 weeks.

(13) Where the claimant makes a claim in respect of a past period (a “claim for backdating”) and, from a day in that period up to the date of the claim for backdating, he had continuous good cause for his failure to make a claim, his claim in respect of that period shall be treated as made on—

(a) the first day from which he had continuous good cause; or

(b) the day [F124 3 months] before the date of the claim for backdating,

whichever fell later.

(14) In this regulation “authorised office” means an office which is nominated by the Department and authorised by the relevant authority for receiving claims for decision by the relevant authority.

Textual Amendments

F106 Words in reg. 62(1) substituted (6.10.2008) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 5(a)

F107 Words in reg. 62(2) inserted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs., 1(1) 3(2)(a)

F108 Words in reg. 62(2) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(a)

F109 Words in reg. 62(5) inserted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs. 1(1), 3(2)(b)

F110 Words in reg. 62(5)(a) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(10)

F111 Reg. 62(5A)-(5F) inserted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs. 1(1), 3(2)(c)

F112 Reg. 62(5B)-(5BD) substituted for reg. 62(5B) (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(b)

F113 Words in reg. 62(5C) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(c)(i)

F114 Words in reg. 62(5C) omitted (1.10.2008) by virtue of The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(c)(ii)

F115 Reg. 62(5CA) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(d)

F116 Reg. 62(5D) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(e)

F117 Words in reg. 62(5E) omitted (1.10.2008) by virtue of The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(f)(i)

F118 Word in reg. 62(5E) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(f)(ii)

F119 Reg. 62(5EA) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(g)

F120 Words in reg. 62(5F) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(h)

F121 Reg. 62(5G) inserted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(i)

F122 Reg. 62(6)(d) substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(2)(j)

F123 Words in reg. 62(11) inserted (23.5.2007) by The Social Security and Housing Benefit (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/263), regs. 1, 4

F124 Words in reg. 62(13)(b) substituted (6.10.2008) by The Social Security (Miscellaneous Amendments No. 3) Regulations (Northern Ireland) 2008 (S.R. 2008/410), regs. 1(1), 5(b)

Commencement Information

I57 Reg. 62 in operation at 20.11.2006, see reg. 1(1)

[F125 Electronic claims for benefit N.I.

62A.   A claim for housing benefit may be made by means of an electronic communication in accordance with Schedule 10.]

Textual Amendments

F125 Reg. 62A inserted (20.12.2006) by The Housing Benefit (Electronic Communications) Order (Northern Ireland) 2006 (S.R. 2006/463), arts. 1, 3(3)

Evidence and information N.I.

63.—(1) Subject to paragraph (2) and to paragraph 5 of Schedule A1(121) (treatment of claims for housing benefit by refugees), a person who makes a claim, or a person to whom housing benefit has been awarded, shall furnish such certificates, documents, information and evidence in connection with the claim or the award, or any question arising out of the claim or the award, as may reasonably be required by the relevant authority in order to determine that person’s entitlement to, or continuing entitlement to, housing benefit and shall do so within one month of being required to do so or such longer period as the relevant authority may consider reasonable.

(2) Nothing in this regulation shall require a person to furnish any certificates, documents, information or evidence relating to a payment to which paragraph (4) applies.

(3) Where a request is made under paragraph (1), the relevant authority shall—

(a) inform the claimant or the person to whom housing benefit has been awarded of his duty under regulation 65 to notify the designated office of any change of circumstances; and

(b) without prejudice to the extent of the duty owed under regulation 65, indicate to him either orally or by notice or by reference to some other document available to him on application and without charge, the kind of change of circumstances which is to be notified.

(4) This paragraph applies to any of the following payments—

(a) a payment which is—

(i) disregarded under paragraph 24 of Schedule 6 to the Housing Benefit Regulations (income in kind) or paragraph 35 of Schedule 7 to those Regulations (certain payments in kind), and

(ii) made under the Macfarlane Trust, the Macfarlane (Special Payments) Trust, the Macfarlane (Special Payments) (No. 2) Trust, the Fund, the Eileen Trust, the Skipton Fund or the London Bombings Relief Charitable Fund;

(b) a payment which is disregarded under paragraph 37 of Schedule 6 to the Housing Benefit Regulations or paragraph 25 of Schedule 7 to those Regulations (payments made under certain trusts and certain other payments), other than a payment made under the Independent Living [F126 Fund (2006)] ;

(c) a payment which is disregarded under regulation 53(10)(b) or (c) other than a payment made under the Independent Living [F126 Fund (2006)] .

(5) Where a claimant or a person to whom housing benefit has been awarded or any partner is aged not less than 60 and is a member of, or a person deriving entitlement to a pension under, a personal pension scheme, F127 ... he shall where the relevant authority so requires furnish the following information—

(a) the name and address of the pension fund holder;

(b) such other information including any reference or policy number as is needed to enable the personal pension scheme F128 ...to be identified.

(6) Where the pension fund holder receives from a relevant authority a request for details concerning a personal pension schemeF129 ... relating to a person or any partner to whom paragraph (5) refers, the pension fund holder shall provide the relevant authority with any information to which paragraph (7) refers.

(7) The information to which this paragraph refers is—

(a) where the purchase of an annuity under a personal pension scheme has been deferred, the amount of any income which is being withdrawn from the personal pension scheme;

(b) in the case of—

(i) a personal pension scheme where income withdrawal is available, the maximum amount of income which may be withdrawn from the scheme, or

(ii) a personal pension scheme where income withdrawal is not available, F130 ...the maximum amount of income which might be withdrawn from the fund if the fund were held under a personal pension scheme where income withdrawal was available,

calculated by or on behalf of the pension fund holder by means of tables prepared from time to time by the Government Actuary which are appropriate for this purpose.

Textual Amendments

F126 Words in reg. 63(4)(b)(c) substituted (17.11.2008) by The Social Security (Miscellaneous Amendments No. 5) Regulations (Northern Ireland) 2008 (S.R. 2008/428), regs. 1(1), 7(4)(a)

F127 Words in reg. 63(5) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(5)(a)

F128 Words in reg. 63(5)(b) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(5)(b)

F129 Words in reg. 63(6) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(5)(b)

F130 Words in reg. 63(7)(b)(ii) omitted (16.7.2007) by virtue of The Social Security (Miscellaneous Amendments No. 2) Regulations (Northern Ireland) 2007 (S.R. 2007/306), regs. 1(1), 6(5)(c)

Commencement Information

I58 Reg. 63 in operation at 20.11.2006, see reg. 1(1)

Amendment and withdrawal of claim N.I.

[F131 64.— (1) A person who has made a claim may amend it at any time before a decision has been made on it by a notice in writing delivered or sent to the designated office.

(2) Where the claim was made by telephone in accordance with paragraphs (5A) to (5BD) of regulation 62, the amendment may also be made by telephone.

(3) Any claim amended in accordance with paragraph (1) or (2) shall be treated as if it had been amended in the first instance.

(4) A person who has made a claim may withdraw it at any time before a decision has been made on it by notice to the designated office.

(5) Where the claim was made by telephone in accordance with paragraphs (5B) to (5BD) of regulation 62, the withdrawal may also be made by telephone to the telephone number specified by the Department.

(6) Any notice of withdrawal given in accordance with paragraph (4) or (5) shall have effect when it is received.]

Textual Amendments

F131 Reg. 64 substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(3)

Duty to notify changes of circumstances N.I.

65.—(1) Subject to paragraphs (2), (4) and (5), if at any time between the making of a claim and a decision being made on it, or during the award of housing benefit, there is a change of circumstances which the claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, might reasonably be expected to know might affect the claimant’s right to, the amount of or the receipt of housing benefit, that person shall be under a duty to notify that change of circumstances by giving notice [F132 to the designated office—

(a) in writing or, where the relevant authority has published a telephone number for the purposes of regulation 62, by telephone unless the authority determines, in any particular case, that notice must be in writing or may be given otherwise than in writing or by telephone; or

(b) in writing if in any class of case the relevant authority requires written notice unless the authority determines, in any particular case, that notice may be given otherwise than in writing.]

(2) The duty imposed on a person by paragraph (1) does not extend to changes in—

(a) the amount of rent and rates payable to the Executive;

(b) the amount of rates payable to the Department of Finance and Personnel;

(c) the age of the claimant or that of any member of his family or of any non-dependants;

(d) these Regulations.

(3) Notwithstanding paragraph (2)(c) a claimant shall be required by paragraph (1) to notify the designated office of any change in the composition of his family arising from the fact that a person who was a member of his family is now no longer such a person because he ceases to be a child or young person.

(4) A person on housing benefit who is also on state pension credit must report—

(a) changes to his tenancy, but not changes in the amount of rent payable to the Executive;

(b) changes affecting the residence or income of any non-dependant normally residing with the claimant or with whom the claimant normally resides;

(c) any absence from the dwelling which exceeds or is likely to exceed 13 weeks.

(5) In addition to the changes required to be reported under paragraph (4) a person whose state pension credit comprises only a savings credit must also report—

(a) changes affecting a child living with him which may result in a change in the amount of housing benefit payable in his case, but not changes in the age of the child;

(b) any change in the amount of the claimant’s capital to be taken into account which does or may take the amount of his capital to more than £16,000;

(c) any change in the income or capital of—

(i) a non-dependant whose income and capital are treated as belonging to the claimant in accordance with regulation 22, or

(ii) a person to whom regulation 25(4)(e) refers,

and whether such a person or, as the case may be, non-dependant stops living or begins or resumes living with the claimant.

(6) A person who is on housing benefit and on state pension credit need only report to the designated office the changes specified in paragraphs (4) and (5).

Textual Amendments

F132 Words in reg. 65(1) substituted (20.12.2006) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/462), regs. 1(1), 3(4)

Commencement Information

I59 Reg. 65 in operation at 20.11.2006, see reg. 1(1)

[F133 Notice of change of circumstances given electronically N.I.

65A.   A person may give notice of a change of circumstances required to be notified under regulation 65 by means of an electronic communication in accordance with Schedule 10.]

Textual Amendments

F133 Reg. 65A inserted (20.12.2006) by The Housing Benefit (Electronic Communications) Order (Northern Ireland) 2006 (S.R. 2006/463), arts. 1, 3(4)

PART X N.I. Decisions on questions

Modifications etc. (not altering text)

C29 Pt. X applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 29(1)

Decisions by a relevant authority N.I.

66.—(1) Unless provided otherwise by these Regulations, any matter required to be determined under these Regulations shall be determined in the first instance by the relevant authority.

(2) The relevant authority shall make a decision on each claim within 14 days of the provisions of regulations 62 and 63 being satisfied or as soon as reasonably practicable thereafter.

F134 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F134 Reg. 66(3) omitted (6.10.2008) by virtue of The Housing Benefit (Extended Payments) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/285), regs. 1(1), 3(5)(c)

Commencement Information

I60 Reg. 66 in operation at 20.11.2006, see reg. 1(1)

Notification of decision N.I.

67.—(1) An authority shall notify in writing any person affected by a decision made by it under these Regulations—

(a) in the case of a decision on a claim, forthwith or as soon as reasonably practicable thereafter;

(b) in any other case, within 14 days of that decision or as soon as reasonably practicable thereafter,

and every notification shall include a statement as to the matters set out in Schedule 9.

(2) A person affected to whom an authority sends or delivers a notification of decision may, by notice in writing signed by him, request the authority to provide a written statement setting out the reasons for its decision on any matter set out in the notice.

(3) For the purposes of paragraph (2), where a person affected who requests a written statement is not an individual, the notice in writing referred to in that paragraph shall be signed by a person over the age of 18 who is authorised to act on that person’s behalf.

(4) The written statement referred to in paragraph (2) shall be sent to the person requesting it within 14 days or as soon as is reasonably practical thereafter.

Commencement Information

I61 Reg. 67 in operation at 20.11.2006, see reg. 1(1)

PART XI N.I. Payments

Modifications etc. (not altering text)

C30 Pt. XI applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 30

Time and manner of payment N.I.

68.—(1) Subject to paragraphs (2) and (3) and regulations 70 to 76 the relevant authority shall pay housing benefit to which a person is entitled under these Regulations at such time and in such manner as is appropriate, having regard to—

(a) the times at which and the frequency with which a person’s liability to make payment of rent or rates arises; and

(b) the reasonable needs and convenience of the person entitled thereto.

(2) Where a person’s entitlement to housing benefit is less than £1 weekly the relevant authority may pay that benefit at 6 monthly intervals.

(3) Subject to regulations 70 to 75, the relevant authority shall make the first payment of any housing benefit awarded by it within 14 days of the receipt of the claim at the designated office or, if that is not reasonably practical, as soon as possible thereafter.

Commencement Information

I62 Reg. 68 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance N.I.

69.  The circumstances in which a rate rebate may be treated as if it fell to be paid as a rent allowance are that a person is liable to make payments by way of rates or an amount treated as a payment of rates by virtue of regulation 12(2), other than to the Department of Finance and Personnel.

Commencement Information

I63 Reg. 69 in operation at 20.11.2006, see reg. 1(1)

Frequency of payment of a rent allowance N.I.

70.—(1) Subject to the following provisions of this regulation, any rent allowance other than a payment made in accordance with regulation 68(2) or (3) or 71 shall be paid at intervals of 2 or 4 weeks or one month or, with the consent of the person entitled, at intervals greater than one month.

(2) Except in a case to which paragraph (3) applies, any payment of a rent allowance shall be made, in so far as it is practicable to do so, at the end of the period in respect of which it is made.

(3) Except in a case to which regulation 74(2) applies and subject to paragraph (4), this paragraph applies where payment of a rent allowance is being made to a landlord (which for these purposes has the same meaning as in regulations 73 and 74, when that payment shall be made—

(a) at intervals of 4 weeks; and

(b) at the end of the period in respect of which it is made.

(4) Where paragraph (3) applies—

(a) in a case where the liability in respect of which the rent allowance is paid is monthly, the Executive may make payment at intervals of one month;

(b) in a case where the Executive is paying a rent allowance to a landlord in respect of more than one claimant, then the first such payment in respect of any claimant may be made to that landlord at such lesser interval as the Executive considers is in the best interest of the efficient administration of housing benefit.

(5) Except in a case to which paragraph (3) applies, where a person’s weekly entitlement to a rent allowance is more than £2 he may require payment at 2 weekly intervals and the Executive shall pay at 2 weekly intervals in such a case.

(6) Except in a case to which paragraph (3) applies, the Executive may pay a rent allowance at weekly intervals where either—

(a) it considers that unless the rent allowance is paid at weekly intervals an overpayment is likely to occur; or

(b) the person entitled is liable to pay his rent weekly and it considers that it is in his interest that his allowance be paid weekly.

(7) Subject to paragraphs (2), (3) and (5), the Executive may pay a rent allowance to a student once a term.

Commencement Information

I64 Reg. 70 in operation at 20.11.2006, see reg. 1(1)

Payment on account of a rent allowance N.I.

71.—(1) Where it is impracticable for the Executive to make a decision on a claim for a rent allowance within 14 days of the claim for it having been made and that impracticability does not arise out of the failure of the claimant, without good cause, to furnish such information, certificates, documents or evidence as the Executive reasonably requires and has requested, the Executive shall make a payment on account of any entitlement to a rent allowance of such amount as it considers reasonable having regard to—

(a) such information which may at the time be available to it concerning the claimant’s circumstances; and

(b) any relevant decision made by the Executive in accordance with Schedule 2 [F135 or, as the case may be, relevant determination made by the Executive in accordance with the Executive Determinations Regulations] .

(2) The notice of award of any payment on account of a rent allowance made under paragraph (1) shall contain a notice to the effect that if on the subsequent decision of the claim the person is not entitled to a rent allowance, or is entitled to an amount of rent allowance less than the amount of the payment on account, the whole of the amount paid on account or the excess of that amount over the entitlement to an allowance, as the case may be, will be recoverable from the person to whom the payment on account was made.

(3) Where on the basis of the subsequent decision the amount of rent allowance payable differs from the amount paid on account under paragraph (1), future payments of rent allowance shall be increased or reduced to take account of any underpayment or, as the case may be, overpayment.

Textual Amendments

F135 Words in reg. 71(1)(b) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(10)

Commencement Information

I65 Reg. 71 in operation at 20.11.2006, see reg. 1(1)

Payment to be made to a person entitled N.I.

72.—(1) Subject to regulations 73 to 75 and the following provisions of this regulation, payment of any rent allowance to which a person is entitled shall be made to that person.

(2) Where a person other than a person who is entitled to a rent allowance or rate rebate made the claim and that first person is a person referred to in regulation 61(2), (3) or (5), payment may be made to that person.

(3) A person entitled to a rent allowance, although able to act on his own behalf, may request in writing that the Executive make payments to a person, who if an individual must be aged 18 or more, nominated by him, and the Executive may make payments to that person.

Commencement Information

I66 Reg. 72 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which payment is to be made to a landlord or the Department of Finance and Personnel N.I.

73.—(1) Subject to paragraph (2) and paragraph 8(4) of Schedule A1, a payment of rent allowance or rate rebate shall be made to a landlord (and in this regulation the “ landlord” includes a person to whom rent or sums by way of rates are payable by the person entitled to that allowance or rebate)—

(a) where under regulations made under the Administration Act an amount of state pension credit payable to the claimant or his partner is being paid direct to the landlord; or

(b) where sub-paragraph (a) does not apply and the person is in arrears of an amount equivalent to 6 weeks or more of the amount he is liable to pay his landlord as rent or rates, except where it is in the overriding interest of the claimant not to make direct payments to the landlord.

(2) Any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 74 shall be to discharge, in whole or in part, the liability of the claimant to pay rent or rates or both to that landlord in respect of the dwelling concerned, except in so far as—

(a) the claimant had no entitlement to the whole or part of that rent allowance so paid to his landlord; and

(b) the overpayment of rent allowance resulting was recovered in whole or in part from that landlord.

[F136 (2A) In a case where—

(a) the Executive has determined a maximum rent (LHA) in accordance with regulation 14D; and

(b) the rent allowance exceeds the amount which the claimant is liable to pay his landlord by way of rent,

any payment of rent allowance made to a landlord pursuant to this regulation or to regulation 74 may include all or part of any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent but shall not include any amount by which the rent allowance exceeds the amount which the claimant is liable to pay his landlord as rent and arrears of rent.]

(3) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph 1(a) or (b) applies the amount payable by way of rate rebate shall be paid direct to that Department.

(4) Where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a payment of rent allowance or rate rebate no such payment shall be made direct to him under paragraph (1).

Textual Amendments

F136 Reg. 73(2A) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(11)

Commencement Information

I67 Reg. 73 in operation at 20.11.2006, see reg. 1(1)

Circumstances in which payment may be made to a landlord or the Department of Finance and Personnel N.I.

74.—(1) Subject to paragraph 8(4) of Schedule A1, where regulation 73 does not apply but subject to paragraph (3) of this regulation, a payment of a rent allowance or rate rebate may nevertheless be made to a person’s landlord where—

(a) the person has requested or consented to such payment;

(b) payment to the landlord is in the interest of the claimant and his family; or

(c) the person has ceased to reside in the dwelling in respect of which the allowance or rebate was payable and there are outstanding payments of rent or rates but any payment under this sub-paragraph shall be limited to an amount equal to the amount of rent outstanding.

(2) Without prejudice to the power in paragraph (1), in any case where in the opinion of the Executive—

(a) the claimant has not already discharged his liability to pay his landlord for the period in respect of which any payment is to be made; and

(b) it would be in the interests of the efficient administration of housing benefit,

a first payment of a rent allowance following the making of a decision on a claim, or a supersession under paragraph 4 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000(122) may be made, in whole or in part, by sending to the claimant an instrument of payment payable to that landlord.

(3) In a case where the Executive is not satisfied that the landlord is a fit and proper person to be the recipient of a claimant’s rent allowance or rate rebate, the Executive may either—

(a) not make direct payments to the landlord in accordance with paragraph (1); or

(b) make such payments to the landlord where the Executive is satisfied that it is nonetheless in the best interests of the claimant and his family that the payments be made.

(4) Where the person is liable to pay rates to the Department of Finance and Personnel and the circumstances in paragraph (1)(a), (b) or (c) or (2) applies the amount payable by way of a rate rebate may be paid direct to that Department.

(5) In this regulation “landlord” has the same meaning as in regulation 73 and paragraph (2) of that regulation shall have effect for the purposes of this regulation.

Commencement Information

I68 Reg. 74 in operation at 20.11.2006, see reg. 1(1)

Payment on death of the person entitled N.I.

75.—(1) Subject to paragraphs (3) and (5) where the person entitled to housing benefit has died the relevant authority shall make payment either to his personal representative or, where there is none, his next of kin if aged 16 or over.

(2) For the purposes of paragraph (1) “next of kin” means the persons who would take beneficially on an intestacy under the provisions of Part II of the Administration of Estates Act (Northern Ireland) 1955(123).

(3) A payment under paragraph (1) or (5) shall not be made unless the landlord, the personal representative or the next of kin, as the case may be, makes written application for the payment of any sum of benefit to which the deceased was entitled, and such written application is sent to or delivered to the relevant authority at its designated office within 12 months of the deceased’s death or such longer period as the authority may allow in any particular case.

(4) The authority may dispense with strict proof of title of any person claiming under paragraph (3) and the receipt of such a person shall be a good discharge to the authority for any sum so paid.

(5) Subject to paragraph (3), where the relevant authority determines, before the death of the person first mentioned in paragraph (1), that a rent allowance or rate rebate was payable to his landlord in accordance with regulation 73 or 74, that authority shall pay to that landlord so much of that allowance or rebate as does not exceed the amount of rent or rates outstanding at the date of the person’s death.

Commencement Information

I69 Reg. 75 in operation at 20.11.2006, see reg. 1(1)

Offsetting N.I.

76.—(1) Where a person has been paid a sum of housing benefit under a decision which is subsequently revised or further revised, any sum paid in respect of a period covered by a subsequent decision shall be offset against arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

(2) Where an amount has been deducted under regulation 82(1) an equivalent sum shall be offset against any arrears of entitlement under the subsequent decision except to the extent that the sum exceeds the arrears and shall be treated as properly paid on account of them.

(3) No amount may be offset under paragraph (1) which has been determined to be an overpayment within the meaning of regulation 77.

Commencement Information

I70 Reg. 76 in operation at 20.11.2006, see reg. 1(1)

PART XII N.I. Overpayments

Modifications etc. (not altering text)

C31 Pt. XII applied (with modifications) (1.4.2007) by The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 (S.R. 2007/203), regs. 1(1), 32

Meaning of overpayment N.I.

77.  In this Part, “ overpayment” means any amount which has been paid by way of housing benefit and to which there was no entitlement under these Regulations including any excess of rebate (whether on the initial decision or as subsequently revised or superseded or further revised or superseded) and includes any amount paid on account under regulation 71 which is in excess of the entitlement to housing benefit as subsequently decided.

Commencement Information

I71 Reg. 77 in operation at 20.11.2006, see reg. 1(1)

Recoverable overpayments N.I.

78.—(1) Any overpayment, except one to which paragraph (2) applies, shall be recoverable.

(2) Subject to paragraph (4) this paragraph applies to an overpayment which arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment is made could not, at the time of receipt of the payment or of any notice relating to that payment, reasonably have been expected to realise that it was an overpayment.

(3) In paragraph (2), “overpayment which arose in consequence of an official error” means an overpayment caused by a mistake made whether in the form of an act or omission by—

(a) the relevant authority;

(b) an officer or person acting for that authority;

(c) an officer of—

(i) the Department;

(ii) the Department for Employment and Learning;

(iii) Revenue and Customs,

acting as such; or

(d) a person providing services to either Department mentioned in sub-paragraph (c) or to the Commissioners for Her Majesty’s Revenue and Customs,

where the claimant, a person acting on his behalf or any other person to whom the payment is made did not cause or materially contribute to that mistake, act or omission.

(4) Where in consequence of an official error, a person has been awarded rent rebate or rate rebate or both to which he was not entitled or which exceeded the benefit to which he was entitled, upon the award being revised or superseded any overpayment of benefit, which remains credited to him by the relevant authority in respect of a period after the date on which the revision or supersession took place, shall be recoverable.

Commencement Information

I72 Reg. 78 in operation at 20.11.2006, see reg. 1(1)

Person from whom recovery may be sought N.I.

79.—(1) For the purposes of section 73(3)(a) of the Administration Act(124) (prescribed circumstances in which an amount recoverable shall not be recovered from the person to whom it was paid), the prescribed circumstance is—

(a) housing benefit has been paid to a landlord in accordance with regulation 73 or 74;

(b) the landlord has notified the Executive or the Department in writing that he suspects that there has been an overpayment;

(c) the Executive is satisfied that the overpayment did not occur as a result of any change of dwelling occupied by the claimant as his home;

(d) it appears to the Executive that, on the assumption that there has been an overpayment—

(i) there are grounds for instituting proceedings against any person for an offence under section 105A(125) or 106(1)(126) of the Administration Act (dishonest or false representations for obtaining benefit), or

(ii) there has been a deliberate failure to report a relevant change of circumstances contrary to the requirement of regulation 65 and the overpayment occurred as a result of that deliberate failure; and

(e) the Executive is satisfied that the landlord—

(i) has not colluded with the claimant so as to cause the overpayment;

(ii) has not acted, or neglected to act, in such a way so as contribute to the period, or the amount, of the overpayment.

(2) For the purposes of section 73(3)(b) of the Administration Act (recovery from such other person, as well as or instead of the person to whom the overpayment was made), where recovery of an overpayment is sought by the Executive—

(a) the prescribed person from whom it is sought shall be—

(i) in a case where an overpayment arose in consequence of a misrepresentation of or a failure to disclose a material fact (in either case, whether fraudulently or otherwise) by or on behalf of the claimant or any other person to whom housing benefit has been paid, the person who misrepresented or failed to disclose that material fact instead of, if different, the person to whom the payment was made;

(ii) in a case where an overpayment arose in consequence of an official error where the claimant or a person acting on his behalf or any other person to whom the payment has been made could reasonably have been expected, at the time of receipt of the payment or of any notice relating to that payment, to realise that it was an overpayment, that person instead of, if different, the person to whom the payment was made; or

(b) where sub-paragraph (a)(i) and (ii) do not apply, the prescribed person from whom it is sought is—

(i) the claimant;

(ii) in a case where a recoverable overpayment is made to a claimant who has one or more partners, the claimant’s partner or any of his partners.

[F137 (2A) Where an overpayment is made in a case where the Executive has determined a maximum rent (LHA) in accordance with regulation 14D, and the housing benefit payable exceeds the amount which the claimant is liable to pay his landlord by way of rent, the Executive must not recover from the landlord more than the landlord has received.]

(3) For the purposes of [F138 paragraphs (1) and (2A)] , “landlord” shall have the same meaning as it has for the purposes of regulation 73.

(4) For the purposes of paragraph (2)(a)(ii), “overpayment arose in consequence of an official error” shall have the same meaning as in regulation 78(3).

(5) For the purposes of paragraph (2)(b)(ii), recovery of the overpayment may be by deduction from any housing benefit payable to a partner provided that the claimant and that partner were members of the same household both at the time of the overpayment and when the deduction is made.

Textual Amendments

F137 Reg. 79(2A) inserted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(12)(a)

F138 Words in reg. 79(3) substituted (with application in accordance with reg. 1(3) (4) of the amending Rule) by The Housing Benefit (State Pension Credit) (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/102), regs. 1(1), 2(12)(b)

Commencement Information

I73 Reg. 79 in operation at 20.11.2006, see reg. 1(1)

Method of recovery N.I.

80.—(1) Without prejudice to any other method of recovery, a relevant authority may recover a recoverable overpayment from any person referred to in regulation 79 by deduction from any housing benefit to which that person is entitled (including arrears of entitlement after offsetting under regulation 76) or, where it is unable to do so, may request the Department to recover any recoverable overpayment from the benefits prescribed in regulation 83.

(2) Where—

(a) a claimant has moved into a dwelling which he occupies as his home;

(b) a recoverable overpayment of housing benefit is thereafter made direct to him in connection with the dwelling he occupied as his home immediately preceding the date he moved to that dwelling; and

(c) the relevant authority which made the recoverable overpayment is paying housing benefit to that claimant in respect of that new dwelling,

the relevant authority may at its discretion deduct from the housing benefit it is paying to the claimant in respect of a benefit week an amount equal to the claimant’s weekly entitlement to housing benefit at his new dwelling, and may do so for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit.

(3) Subject to paragraphs (2), (5) and (6), where the Executive makes deductions permitted by paragraph (1) from the housing benefit in respect of rent it is paying to a claimant (other than deductions from arrears of entitlement), the deduction in respect of a benefit week shall be—

(a) in a case to which paragraph (4) applies, not more than the amount there specified; and

(b) in any other case, not more than 3 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, that 5 per cent. being, where it is not a multiple of 5 pence, rounded to the next higher such multiple.

(4) Where the Executive makes deductions from housing benefit in respect of rent it is paying to a claimant who has, in respect of the whole or part of the recoverable overpayment—

(a) been found guilty of an offence whether under a statute or otherwise;

(b) made an admission after caution of deception or fraud for the purpose of obtaining relevant benefit; or

(c) agreed to pay a penalty under section 109A of the Administration Act(127) (penalty as alternative to prosecution) and the agreement has not been withdrawn,

the amount deducted under paragraph (3) shall be not more than 4 times 5 per cent. of the personal allowance for a single claimant aged not less than 25, but where that 5 per cent. is not a multiple of 10 pence, it shall be rounded to the nearest 10 pence or, if it is a multiple of 5 pence but not of 10 pence, the next higher multiple of 10 pence.

(5) Where, in the calculation of housing benefit in respect of rent, the amount of earnings or other income falling to be taken into account is reduced by reason of paragraphs 2 to 5 or 7 of Schedule 5 or paragraph 1 or 2 of Schedule 6, the deduction under paragraph (3) may be increased by not more than half the amount of the reduction.

(6) No deduction made under this regulation, except as made under paragraph (2), shall be applied so as to reduce the housing benefit in respect of a benefit week to less than 50 pence.

(7) In this regulation—

“admission after caution” means an admission after a caution has been administered in accordance with a Code issued under the Police and Criminal Evidence (Northern Ireland) Order 1989(128);

“personal allowance for a single claimant aged not less than 25” means the amount specified in paragraph 1(1)(b) of column (2) of Schedule 4 to the Housing Benefit Regulations.

(8) This regulation shall not apply in respect of an offence committed or an admission after caution or an agreement to pay a penalty made before 2nd October 2000.

Commencement Information

I74 Reg. 80 in operation at 20.11.2006, see reg. 1(1)

Diminution of capital N.I.

81.—(1) Where in the case of a recoverable overpayment, in consequence of a misrepresentation or failure to disclose a material fact (in either case whether fraudulent or otherwise) as to a person’s capital, or an error, other than one to which regulation 78(2) refers, as to the amount of a person’s capital, the overpayment was in respect of a period (“the overpayment period”) of more than 13 benefit weeks, the relevant authority shall, for the purposes only of calculating the amount of that overpayment—

(a) at the end of the first 13 benefit weeks of the overpayment period, treat the amount of that capital as having been reduced by the amount of housing benefit overpaid during those 13 weeks;

(b) at the end of each subsequent period of 13 benefit weeks, if any, of the overpayment period, treat the amount of that capital as having been further reduced by the amount of housing benefit overpaid during the immediately preceding 13 benefit weeks.

(2) Capital shall not be treated as reduced over any period other than 13 benefit weeks or in any circumstances other than those for which paragraph (1) provides.

Commencement Information

I75 Reg. 81 in operation at 20.11.2006, see reg. 1(1)

Sums to be deducted in calculating recoverable overpayments N.I.

82.—(1) Subject to paragraph (2), in calculating the amount of a recoverable overpayment, the relevant authority shall deduct any amount of housing benefit which should have been determined to be payable in respect of the whole or part of the overpayment period—

(a) on the basis of the claim as presented to the authority;

(b) on the basis of the claim as it would have appeared had any misrepresentation or non-disclosure been remedied before the decision; or

(c) on the basis of the claim as it would have appeared if any change of circumstances, except a change of the dwelling which the claimant occupies as his home, had been notified at the time that change occurred.

(2) In the case of rent or rate rebate only, in calculating the amount of a recoverable overpayment the relevant authority may deduct so much of any payment by way of rent or rates in respect of the overpayment period which exceeds the amount, if any, which the claimant was liable to pay for that period under the original erroneous decision.

Commencement Information

I76 Reg. 82 in operation at 20.11.2006, see reg. 1(1)

Recovery of overpayments from prescribed benefits N.I.

83.—(1) For the purposes of section 73(4) of the Administration Act (recovery of overpaid housing benefit by deduction from other benefits), the benefits prescribed by this regulation are—

(a) any benefit except guardian’s allowance;

(b) income support;

(c) any benefit payable under the legislation of any member State other than the United Kingdom concerning the branches of social security mentioned in Article 4(1) of Regulation (EEC) No. 1408/71(129) on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community, whether or not the benefit has been acquired by virtue of the provisions of that Regulation;

(d) a jobseeker’s allowance;

(e) state pension credit.

[F139 (f) an employment and support allowance.]

(2) For the purposes of paragraph (1)(c) the term “member State” shall be understood to include Switzerland in accordance with and subject to the provisions of Annex II of the Agreement between the European Community and its member States and the Swiss Confederation on the free movement of persons, signed at Brussels on 21st June 1999(130).

(3) Where the Department is satisfied that—

(a) a recoverable overpayment of housing benefit has been made, in consequence of a misrepresentation of or failure to disclose a material fact (in either case whether fraudulently or otherwise), by or on behalf of a claimant or any other person to whom a payment of housing benefit has been made; and

(b) the person who misrepresented that fact or failed to disclose it is receiving a sufficient amount of one or more of the benefits prescribed in paragraph (1) to enable deductions to be made for the recovery of the overpayment,

it shall, if requested to do so by an authority under regulation 80 recover the overpayment by deduction from any of those benefits.

(4) In paragraph (1)(a), “benefit” has the meaning it has in section 121(1) of the Act.

Textual Amendments

F139 Reg. 83(1)(f) added (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 4(11)

Commencement Information

I77 Reg. 83 in operation at 20.11.2006, see reg. 1(1)

Prescribed benefits N.I.

84.—(1) The benefits prescribed for the purposes of section 73(5) and (7) of the Administration Act(131) (recovery of overpayments) are those set out in the following paragraphs.

(2) Prescribed benefits within section 73(5)(a) of the Administration Act (benefits to which a landlord or agent is entitled) are—

(a) housing benefit; and

(b) those benefits prescribed from time to time in regulation 83(1), but only in cases where—

(i) the Executive has, pursuant to regulation 80, requested the Department to recover an overpayment of housing benefit from such benefits, and

(ii) the Department is satisfied as to the matters prescribed in paragraph (3)(a) and (b) of regulation 83.

(3) Housing benefit is prescribed for the purposes of section 73(5)(b) or (c) of the Administration Act (benefits paid to a landlord or agent to discharge an obligation owed by another person).

(4) Prescribed benefits within section 73(7) of the Administration Act (benefits recoverable from the county court) are housing benefit and those benefits prescribed from time to time in regulation 83(1).

Commencement Information

I78 Reg. 84 in operation at 20.11.2006, see reg. 1(1)

Restrictions on recovery of rent and consequent modifications N.I.

85.—(1) Where, pursuant to section 73(5)(b) of the Administration Act, an amount has been recovered by deduction from housing benefit paid to a person (referred to as “ the landlord” in this regulation) to discharge (in whole or in part) an obligation owed to him by the person on whose behalf the recoverable amount was paid (referred to as “the tenant” in this regulation) that obligation shall, in a case to which paragraph (2) applies, be taken to be discharged by the amount of the deduction.

(2) This paragraph applies in a case where the amount recoverable from the landlord relates to an overpayment of housing benefit in relation to which the landlord has—

(a) agreed to pay a penalty pursuant to section 109A of the Administration Act; or

(b) been convicted of an offence arising under the Act or any other statutory provision.

(3) In any case to which paragraph (2) applies or will apply when recovery is made the Executive shall notify both the landlord and the tenant that—

(a) the overpayment that it has recovered or that it has determined to recover (“that sum”) is or will be one to which paragraph (2) applies; and

(b) the landlord has no right in relation to that sum against the tenant, and that his obligation to the landlord shall be taken to be discharged by the amount so recovered.

Commencement Information

I79 Reg. 85 in operation at 20.11.2006, see reg. 1(1)

PART XIII N.I. Information

[F140 SECTION 1 N.I. Claims and information

Textual Amendments

F140 Reg. 85A-85F inserted (10.12.2007) by The Social Security (Claims and Information) Regulations (Northern Ireland) 2007 (S.R. 2007/467), regs. 1(1), 8(2)

Interpretation N.I.

85A.   In this Section—

“administering authority” means an authority administering housing benefit;

“the Department” means the Department, the Department for Employment and Learning or a person providing services to either Department;

“relevant information” means information or evidence relating to the administration of claims for or awards of housing benefit.

Collection of information N.I.

85B.— (1) The Department may receive or obtain relevant information from—

(a) persons making, or who have made, claims for housing benefit; or

(b) other persons in connection with such claims.

(2) In paragraph (1) references to persons who have made claims for housing benefit include persons to whom awards of benefit have been made on those claims.

Verifying information N.I.

85C.   The Department may verify relevant information supplied to, or obtained by, it in accordance with regulation 85B.

Recording and holding information N.I.

85D.   Where the Department obtains relevant information or such information is supplied to it, it—

(a) shall make a record of such information; and

(b) may hold that information, whether as supplied or obtained or recorded, for the purpose of forwarding it to the person or authority for the time being administering housing benefit.

Forwarding of information N.I.

85E.   Where the Department holds relevant information it—

(a) shall forward it to the person or authority for the time being administering claims for or awards of housing benefit to which the relevant information relates, being either—

(i) an administering authority;

(ii) a person providing services to an administering authority, or

(iii) a person authorised to exercise any function of an administering authority relating to housing benefit; and

(b) may continue to hold a record of such information, whether as supplied or obtained or recorded, for such period as it considers appropriate.

Request for information N.I.

85F.   Where the Department holds information or evidence relating to social security matters it shall forward such information or evidence as may be requested to the person or authority making that request, provided that—

(a) the request is made by—

(i) an administering authority;

(ii) a person providing services to an administering authority, or

(iii) a person authorised to exercise any function of an administering authority relating to housing benefit;

(b) the information or evidence requested includes relevant information;

(c) the Department is able to provide the information or evidence requested in the form in which it was originally supplied or obtained; and

(d) provision of the information or evidence requested is considered necessary by the Department to the proper performance by an administering authority of its functions relating to housing benefit.]

SECTION 2 N.I. Information from landlords and agents

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation N.I.

86.  In this [F141 Section] —

“the notice” means the notice prescribed in regulation 88(1)(b);

“relevant information” means such information as is prescribed in regulation 89;

“the requirer” means a person within regulation 87, who requires information pursuant to that regulation;

“the supplier” means an appropriate person who is required, pursuant to regulations 87 and 88, to supply relevant information and any person who is not so required is not, for the purpose of supplying information pursuant to section 119A of the Administration Act(132) and these Regulations, an appropriate person.

Textual Amendments

F141 Word in reg. 86 substituted (10.12.2007) by The Social Security (Claims and Information) Regulations (Northern Ireland) 2007 (S.R. 2007/467), regs. 1(1), 8(3)

Commencement Information

I80 Reg. 86 in operation at 20.11.2006, see reg. 1(1)

Requiring information N.I.

87.  Pursuant to section 119A of the Administration Act, where a claim is made to the Executive, on which a rent allowance may be awarded, then, in the circumstances prescribed in regulation 88, the Executive, or any person authorised to exercise any function of the Executive relating to housing benefit, may require an appropriate person to supply to the Executive or person relevant information, in the manner prescribed in regulation 90.

Commencement Information

I81 Reg. 87 in operation at 20.11.2006, see reg. 1(1)

Circumstances for requiring information N.I.

88.—(1) A person is required to supply information in the following circumstances—

(a) he is an appropriate person in relation to any dwelling in respect of which—

(i) housing benefit is being paid to an appropriate person pursuant to regulation 73 or 74, or

(ii) a request has been made by an appropriate person or by the claimant for housing benefit to be so paid; and

(b) the requirer serves upon that appropriate person, whether by post or otherwise, a written notice stating that the requirer—

(i) suspects that there is or may be an impropriety in relation to a claim in respect of any dwelling wherever situate in relation to which he is an appropriate person, or

(ii) is already investigating an allegation of impropriety in relation to that person.

(2) Information required to be supplied under paragraph (1) shall be supplied to the requirer at the address specified in the notice.

Commencement Information

I82 Reg. 88 in operation at 20.11.2006, see reg. 1(1)

Relevant information N.I.

89.—(1) The information the supplier is to supply to the requirer is that prescribed in paragraphs (2) and (3) (referred to in this [F142 Section] as “the relevant information”).

(2) For a supplier who falls within paragraph (4) or section 119A(2)(b) of the Administration Act (“the landlord”), the information is—

(a) where the landlord is an individual—

(i) his appropriate details;

(ii) the relevant particulars of any residential property in which he has an interest, and

(iii) the appropriate details of any body corporate, in which he is a major shareholder or of which he is a director and which has an interest in residential property;

(b) where the landlord is a trustee, except a trustee of a charity, in addition to any information that he is required to supply in accordance with sub-paragraph (a) or (c), as the case may be, the relevant particulars of any residential property held by the trust of which he is a trustee and the name and address of any beneficiary under the trust or the objects of that trust, as the case may be;

(c) where the landlord is a body corporate or otherwise not an individual, other than a charity—

(i) its appropriate details;

(ii) the relevant particulars of any residential property in which it has an interest;

(iii) the names and addresses of any directors of it;

(iv) the appropriate details of any person—

(aa) who owns 20 per cent. or more of it; or

(bb) of whom it owns 20 per cent. or more, and

(v) the names and addresses of its major shareholders;

(d) where the landlord is a charity the appropriate details relating to the landlord.

(3) For a supplier who falls within section 119A(2)(c) of the Administration Act or paragraph (5) (“the agent”), the information is—

(a) the name and address of any person (“his principal”)—

(i) to whom the agent has agreed to make payments in consequence of being entitled to receive relevant payments, or

(ii) for whom the agent is acting on behalf of or in connection with any aspect of the management of a dwelling,

as the case may be;

(b) the relevant particulars of any residential property in respect of which the agent—

(i) has agreed to make payments in consequence of being entitled to receive relevant payments, or

(ii) is acting on behalf of his principal in connection with any aspect of its management;

(c) where the agent is an individual—

(i) the relevant particulars of any residential property in which he has an interest;

(ii) the appropriate details of any body corporate or any person otherwise not an individual, in which he is a major shareholder or of which he is a director and which has any interest in residential property; or

(d) where the agent is a body corporate or other than an individual—

(i) the relevant particulars of any residential property in which it has an interest;

(ii) the names and addresses of any directors of or major shareholders in the agent, and

(iii) the appropriate details of any person—

(aa) who owns 20 per cent. or more of the agent; or

(bb) of whom the agent owns 20 per cent. or more.

(4) A supplier falls within this paragraph (landlord receiving rent), if he falls within section 119A(2)(a) of the Administration Act, but does not fall within paragraph (5).

(5) A supplier falls within this paragraph (agent receiving the rent), if he falls within subsection (2)(a) of section 119A of the Administration Act and has agreed to make payments, in consequence of being entitled to receive relevant payments, to a person falling within subsection (2)(b) of that section.

(6) For the purposes of this regulation—

“appropriate details” means the name of the person and (in the case of a company) its registered office and, in any case, the full postal address, including post code, of the principal place of business of that person and the telephone and facsimile number (if any) of that place;

“charity” has the same meaning as in the Charities Act (Northern Ireland) 1964(133);

“major shareholder” means, where a body corporate is a company limited by shares, any person holding one tenth or more of the issued shares in that company and, in any other case, all the owners of that body;

“relevant particulars” means the full postal address, including post code, and number of current lettings of or within that residential property and, if that property includes 2 or more dwellings, that address and the number of such lettings for each such dwelling;

“residential property” includes any premises, situate within the United Kingdom—

(i)

used or which has, within the last 6 months, been used, or

(ii)

which may be used or is adapted for use,

as residential accommodation,

and other expressions used in this regulation and also in the Companies (Northern Ireland) Order 1986(134) shall have the same meaning in this regulation as they have in that Order.

Textual Amendments

F142 Word in reg. 89(1) substituted (10.12.2007) by The Social Security (Claims and Information) Regulations (Northern Ireland) 2007 (S.R. 2007/467), regs. 1(1), 8(3)

Commencement Information

I83 Reg. 89 in operation at 20.11.2006, see reg. 1(1)

Manner of supply of information N.I.

90.—(1) Subject to paragraph (2), the relevant information shall be supplied—

(a) in typewritten or printed form; or

(b) with the written agreement of the requirer, in electronic or handwritten form,

within a period of 4 weeks commencing on the date on which the notice was sent or given.

(2) Where—

(a) within a period of 4 weeks commencing on the date on which the notice was sent or given, the supplier requests that the time for the supply of the relevant information be extended; and

(b) the requirer provides written agreement to that request,

the time for the supply of the relevant information shall be extended to a period of 8 weeks commencing on the date on which the notice was sent or given.

Commencement Information

I84 Reg. 90 in operation at 20.11.2006, see reg. 1(1)

Criminal offence N.I.

[F143 91.   Any supplier who fails to supply relevant information to the requirer as, when and how required under this Section shall be guilty of an offence under section 107 of the Administration Act.]

Textual Amendments

F143 Reg. 91 substituted (1.10.2008) by The Housing Benefit (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/371), regs., 3(4)

Sealed with the Official Seal of the Department for Social Development on 12th October 2006

John O’Neill

A senior officer of the Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 12th October 2006

Fiona Hamill

A senior officer of the Department of Finance and Personnel