The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006

Amendment of the Housing Renewal Grants (Reduction of Grant) Regulations

12.—(1) The Housing Renewal Grants (Reduction of Grant) Regulations (Northern Ireland) 2004(1) shall be amended in accordance with sub-paragraphs (2) to (8).

(2) In regulation 2(1) (interpretation)—

(a) after the definition of “housing benefit” insert—

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

“the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006;”;

(b) after the definition of “pension fund holder” insert—

““pensionable age” has the meaning given by the rules in paragraph 1 of Schedule 2 to the Pensions (Northern Ireland) Order 1995(2) (equalisation of pensionable ages for men and women);”; and

(c) after the definition of “Preparation for Employment Programme” insert—

““the qualifying age for state pension credit” is (in accordance with section 1(2)(b) and (6) of the State Pension Credit Act (Northern Ireland) 2002(3))—

(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;”.

(3) In regulation 3 (persons from abroad) for “regulation 7A of the Housing Benefit (General) Regulations (Northern Ireland) 1987” substitute “regulation 10 of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”.

(4) In regulation 20(3)(e) (treatment of child care charges) for “regulation 18(2) of the Housing Benefit (General) Regulations (Northern Ireland) 1987 (patients)” substitute “regulation 2(4) and (5) of the Social Security (Hospital In-Patients) Regulations (Northern Ireland) 2005(4)”.

(5) In regulation 32 (notional income)—

(a) in paragraph (9)(b) omit “to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refers”; and

(b) in paragraph (15) for sub-paragraph (a) substitute—

“(a) “rates or rent” means—

(i) eligible rates or rent to which regulation 12 or 13 of the Housing Benefit Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 72 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rates or rent to which regulation 12 or 13 of the Housing Benefit (State Pension Credit) Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 53 of those Regulations;”.

(6) In regulation 39 (notional capital)—

(a) in paragraph (3)(b) omit “to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refers”; and

(b) in paragraph (8) for sub-paragraph (a) substitute—

“(a) “rates or rent” means—

(i) eligible rates or rent to which regulation 12 or 13 of the Housing Benefit Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 72 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rates or rent to which regulation 12 or 13 of the Housing Benefit (State Pension Credit) Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 53 of those Regulations;”.

(7) In Schedule 3 (sums to be disregarded in the determination of income other than earnings)—

(a) in paragraph 12—

(i) in sub-paragraph (2) omit “to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refers”, and

(ii) in sub-paragraph (5) for head (a) substitute—

“(a) “rates or rent” means—

(i) eligible rates or rent to which regulation 12 or 13 of the Housing Benefit Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 72 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rates or rent to which regulation 12 or 13 of the Housing Benefit (State Pension Credit) Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 53 of those Regulations;”; and

(b) in paragraph 60—

(i) in sub-paragraph (2) omit “to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987 refers”, and

(ii) in sub-paragraph (3) for head (c) substitute—

“(c) “rates or rent” means—

(i) eligible rates or rent to which regulation 12 or 13 of the Housing Benefit Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 72 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rates or rent to which regulation 12 or 13 of the Housing Benefit (State Pension Credit) Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 53 of those Regulations;”.

(8) In Schedule 4 (capital to be disregarded)—

(a) in paragraph 44 for “regulation 7B of the Housing Benefit (General) Regulations (Northern Ireland) 1987” substitute “regulation 10A of the Housing Benefit Regulations or, as the case may be, of the Housing Benefit (State Pension Credit) Regulations”; and

(b) in paragraph 51—

(i) in sub-paragraph (2) omit “to which regulation 9 or 10 of the Housing Benefit (General) Regulations (Northern Ireland) 1987”, and

(ii) in sub-paragraph (3) for head (c) substitute—

“(c) “rates or rent” means—

(i) eligible rates or rent to which regulation 12 or 13 of the Housing Benefit Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 72 of those Regulations; or

(ii) in the case of a person who has attained the qualifying age for state pension credit, eligible rates or rent to which regulation 12 or 13 of the Housing Benefit (State Pension Credit) Regulations refers, less any deductions in respect of non-dependants which fall to be made under regulation 53 of those Regulations;”.

(1)

S.R. 2004 No. 8, to which there are amendments not relevant to these Regulations

(2)

S.I. 1995/3213 (N.I. 22)

(3)

2002 c. 14

(4)

S.R. 2005 No. 580