The Rate Relief (General) Regulations (Northern Ireland) 2007

PART 13 Overpayments

Application of section 73 of the Administration Act

32.  Section 73(1), (2), (3)(a) and (b) and (7) of the Administration Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

(a) for “housing benefit” there were substituted “rate relief”;

(b) in paragraph (1) for “by the Department, the Department of the Environment or by the Housing Executive” there were substituted “the relevant authority”;

(c) paragraph (2) for “the Department of the Environment or the Housing Executive” there were substituted “the relevant authority”.

Modification of Part XIII

33.  Part XIII of the Housing Benefit Regulations (overpayments) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit Regulations with the following modifications—

(a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

(b) as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

(c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

(d) as if in regulation 96—

(i) after “this Part” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33”;

(ii) for “rebate” there were substituted “rate relief”;

(iii) for the words from “and includes” to “decided” were omitted;

(e) as if in regulation 97—

(i) paragraph (3)(c) and (d) were omitted;

(ii) in paragraph (4) for “rent rebate or rate rebate or both” and, in both places where it occurs, “benefit” there were substituted “rate relief”;

(f) as if in regulation 98—

(i) in paragraph (1)—

(aa) after “Administration Act” there were inserted “ as applied with modifications for the purposes of these Regulations by regulation 32”;

(bb) in sub-paragraph (a) after “or 93” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 31”;

(cc) in sub-paragraph (d)(i) for “section 105A or 106(1) of the Administration Act (dishonest or false representations for obtaining benefit)” there were substituted “regulation 49 of these Regulations”;

(dd) in sub-paragraph (d)(ii) after “regulation 84” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26”;

(ii) in paragraph (2) after “Administration Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 32”;

(iii) in paragraph (3) after “regulation 92” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 31”;

(iv) in paragraph (4) after “regulation 97(3)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33”;

(g) as if regulation 99—

(i) in paragraph (1)—

(aa) after “regulation 98” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33”;

(bb) after “regulation 95” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 31”;

(cc) the words from “or, where” to “regulation 102” were omitted;

(ii) paragraphs (3), (4), (5), (7) and (8) were omitted;

(h) as if in regulation 100(1) after “regulation 97(2) there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33”;

(i) as if in regulation 101(2)—

(i) for “In the case of rent or rate rebate only, in” there were substituted “In”;

(ii) “rent or” were omitted;

(j) as if regulations 102 to 104 were omitted.

Destination of repayments, etc.

34.—(1) Any sum recovered by, received by or repaid to a relevant authority under or by virtue of any provision of these Regulations shall be paid into the Consolidated Fund of Northern Ireland.

(2) All penalties recovered by or for a relevant authority under or by virtue of any provision of these Regulations shall be paid into the Consolidated Fund of Northern Ireland.