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

Modification of Part XIII N.I.

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”;

[F1 (iia) as if paragraph (2A) were omitted;]

[F2 (iii) as if for paragraph (3) there were substituted—

“(3) For the purposes of paragraph (1) “landlord” shall have the same meaning as it has for the purposes of regulation 92 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;

[F3 (ia) in paragraph (1A) there were omitted “or where it is unable to do so, may request the Department to recover any recoverable overpayment from the benefits prescribed in regulation 102(2A),”;]

( 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 [F4 regulation 101A, and regulations 102 to 104] were omitted.

Textual Amendments

F1 Reg. 33(f)(iia) inserted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(10)(a)

F2 Reg. 33(f)(iia) inserted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(10)(b)

F3 Reg. 33(f)(iia) inserted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(10)(a)

F4 Words in reg. 33(j) substituted (1.4.2011) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2011 (S.R. 2011/43), regs 1, 2(7)

Commencement Information

I1 Reg. 33 in operation at 1.4.2007, see reg. 1(1)