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

Residential Care Homes

9.—(1) Sub-paragraph (2) shall apply to a person who, on 13th November 2005 was a person to whom regulation 7(2) of the former Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) as in operation on that date applied.

(2) Where this sub-paragraph applies—

(a) regulation 9 of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) shall have effect as if—

(i) in paragraph (1)(k), at the beginning there were inserted “except where paragraph (1A) applies”;

(ii) after paragraph (1) there were inserted—

“(1A) This paragraph applies to a person who—

(a) was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or

(b) became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to the appropriate office or designated office in accordance with regulation 81(4), before that date.”;

(iii) for paragraph (4) there were substituted regulation 7(3) of the former Regulations as in operation on 13th November 2005;

(b) regulation 9 of the Housing Benefit (State Pension Credit) Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) shall have effect as if—

(i) in paragraph (1)(k), at the beginning there were inserted “except where paragraph (1A) applies”;

(ii) after paragraph (1) there were inserted—

“(1A) This paragraph applies to a person who—

(a) was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or

(b) became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to an appropriate office in accordance with regulation 62(5), before that date.”;

(iii) for paragraph (4) there were substituted regulation 7(3) of the former Regulations as in operation on 13th November 2005;

(c) regulation 49 of the Housing Benefit Regulations (calculation of tariff income from capital) shall have effect as if—

(i) for paragraph (3) there were substituted—

“(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home; or

(b) is a person to whom paragraph (1A), as inserted by paragraph 9(2)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations applies.”;

(ii) for paragraph (8), there were substituted—

“(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in paragraph (7)(b) or (c) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(c) does not apply to the claimant in respect of that accommodation.”.

(3) Sub-paragraph (4) shall apply to a person who, on 13th November 2005, was a person to whom regulation 7(5) of the former Regulations as in operation on that date applied.

(4) Where this sub-paragraph applies—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) for paragraph (4) there were substituted regulation 7(3) of the former Regulations as in operation on 13th November 2005;

(ii) after paragraph (4) there were inserted—

“(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who—

(a) occupies or is treated by regulation 5(8) of the former Regulations as occupying residential accommodation on 31st March 1993;

(b) is or was liable to pay rent in respect of that accommodation for that day;

(c) is a person to whom regulation 7(2)(a) or (b) of the former Regulations applies immediately before 1st April 1993; and

(d) is or was entitled to housing benefit in respect of the liability mentioned in sub-paragraph (b).

(6) In the case of a person to whom this paragraph applies, regulation 9 of these Regulations shall continue to apply to him as if the amendments to the former Regulations specified in regulation 3(4)(b) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993(1) had not been made.

(7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him—

(a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 5(8) of the former Regulations as occupying on 31st March 1993; and

(b) on any day which falls after that day.

(8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17) of these Regulations.

(9) Where a person—

(a) ceases to be entitled to housing benefit; and

(b) was before he ceased to be entitled a person to whom paragraph (6) applied,

that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.”;

(b) regulation 49 of the Housing Benefit Regulations shall have effect as if—

(i) for paragraph (3) there were substituted—

“(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home; or

(b) is a person to whom paragraph (6), as inserted by paragraph 9(4)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations applies.”;

(ii) for paragraph (8) there were substituted—

“(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (7) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(c) does not apply to the claimant in respect of that accommodation.”.

(5) Sub-paragraph (6) shall apply to a person who, on 13th November 2005, was a person to whom regulation 7(7) of the former Regulations as in operation on that date applied.

(6) Where this paragraph applies—

(a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

(i) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the former Regulations as in operation on 13th November 2005;

(ii) after paragraph (4) there were inserted—

“(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who—

(a) occupies or is treated under regulation 5(7C), (8) or (8C) of the former Regulations as occupying accommodation in an establishment which on 1st April 1993 was registered as a small home under Part II of the Registered Homes (Northern Ireland) Order 1992(2) (residential care homes);

(b) was occupying or was treated under regulation 5(8) of the former Regulations as occupying, that accommodation on 31st March 1993;

(c) is or was liable to make payments in respect of that accommodation for 31st March 1993; and

(d) is or was entitled to housing benefit in respect of that liability.

(6) In the case of a person to whom this paragraph applies, paragraph (4), as substituted by paragraph 9(4)(a)(i) of Schedule 3 to the Consequential Provisions Regulations, shall apply as if sub-paragraph (a) was omitted.

(7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him—

(a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 5(8) of the former Regulations as occupying on 31st March 1993; and

(b) on any day which falls after that day.

(8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17).

(9) Where a person—

(a) ceases to be entitled to housing benefit; and

(b) was before he ceased to be entitled a person to whom paragraph (6) applied,

that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.

(10) Where on 31st March 1993 a person occupied or was treated as occupying an establishment mentioned in paragraph (5)(a) and on a day subsequent to that date the establishment, if it was registered under Part II of the Registered Homes Order, ceases to be so registered, then on that day and on any day thereafter paragraph (6) shall not apply to that person.

(11) In this regulation “small home” has the same meaning as in Part II of the Registered Homes Order by virtue of Article 4(5) of that Order.”;

(b) regulation 49 of the Housing Benefit Regulations shall have effect as if—

(i) for paragraph (3) there were substituted—

“(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant—

(a) occupies residential accommodation as his home; or

(b) is a person to whom paragraph (6), as inserted by paragraph 9(4)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations applies.”;

(ii) for paragraph (8) there were substituted—

“(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in of paragraph (7)(b) or (c) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(c) does not apply to the claimant in respect of that accommodation.”.

(1)

S.R. 1993 No. 149

(2)

S.I. 1992/3204 (N.I. 20); Part II was amended by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) and the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I.))