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

Modification of the Decisions and Appeals Regulations N.I.

43.  The Decisions and Appeals Regulations shall apply for the purposes of these Regulations as they apply 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”, wherever it occurs, there were substituted “rate relief week”;

(c) as if after “Schedule 7 to the Act”, wherever it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 41”;

(d) as if in regulation 1(2) there were inserted in the appropriate place—

““the Department” means the Department of Finance and Personnel;”;

(e) as if in regulation 2(a) and (b) “, the Department”, wherever it occurs were omitted;

(f) as if in regulation 3(1)—

(i) in sub-paragraph (b) for ‘dwelling’ there were substituted ‘hereditament’;

(ii) for sub-paragraphs (c), (d) and (e) there were substituted—

“(c) a person appointed by the relevant authority under regulation 80(3) of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26, or, as the case maybe, regulation 61(3) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 25 of those Regulations;

(d) a person from whom the relevant authority determines that an overpayment is recoverable in accordance with Part XIII of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33, or, as the case maybe, Part XII of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 32 of those Regulations;

(e) a landlord or agent acting on behalf of that landlord and that decision is made under regulation 92 of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 31, or, as the case maybe, regulations 73 or 74 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 30 of those Regulations;”;

(g) as if regulation 4—

(i) paragraph (5) were omitted;

(ii) in paragraphs (6B) and (6C)F1 ... after “relevant benefit” there were inserted “or housing benefit”;

(h) as if regulation 7—

(i) paragraphs (2)(d) and (2ZA) were omitted;

(ii) in paragraph (2)(f) and (g) for “the Department” there were substituted “the Department for Social Development”;

[F2 (iia) in paragraph (2)(h)(ii) after “relevant benefit” there were inserted “or housing benefit”;]

(iii) in paragraph (3) for “regulation 84(2) of the Housing Benefit Regulations or, as the case maybe, regulation 65(2) of the Housing Benefit (State Pension Credit) Regulations” there were substituted “regulation 84(2) of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26, or, as the case maybe, regulations 65(2) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 25 of those Regulations;

[F3 (ha) as if in regulation 7A paragraphs (1) to (3) were omitted;]

(i) as if in regulation 8—

(i) in paragraph (2) for the words from “in accordance with” to “as the case may be” there were substituted “in accordance with regulation 77 of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 24 or, as the case maybe, regulations 57 or 58 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 23 of those Regulations;

(ii) in paragraph (3)(a) after “Housing Benefit (State Pension Credit) Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 23 of those Regulations”;

(iii) paragraph (6A) were omitted;

(j) as if in regulation 11(2)(c) for “section 73 of the Administration Act (overpayments of housing benefit) or regulations made under that section” there were substituted “Part 13 of these Regulations”;

(k) as if in regulation 13(2)(c) for “regulation 82 of the Housing Benefit Regulations or, as the case maybe, regulation 63 of the Housing Benefit (State Pension Credit) Regulations” there were substituted “regulation 82 of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26 or, as the case maybe, regulations 63 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 by regulation 25 of those Regulations”;

(l) as if regulation 17(2)—

(i) in sub-paragraph (b) for “Administration Act” there were substituted “these Regulations;

(ii) in sub-paragraph (d) for “section 73 of the Administration Act” there were substituted “Part 13 of these Regulations”;

(m) as if regulation 22(2) and regulation 23 were omitted;

(n) as if in the Schedule—

(i) in paragraph 1—

(aa) “[F4 regulations 14C(5)(e) (board and attendance) and 15 (decisions),]” were omitted;

(bb) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of these Regulations by regulations 26, 31 and 33”;

(cc) in sub-paragraph (a) after “81” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 26 ”;

(dd) sub-paragraph (b) were omitted;

(ee) in sub-paragraphs (c) and (d) after “92” and “93” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 31”;

(ff) in sub-paragraphs (e) to (h) after “97”, “98”, “100” and “101” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 33”;

[F5 (ii) paragraphs 1A, 5 and 6 were omitted;]

(iii) in paragraph 4 after “these Regulations” and “regulation 14” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 43”.

Textual Amendments

F1 Words in reg. 43(g)(ii) omitted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(12)(a)

F2 Reg. 43(h)(iia) inserted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(12)(b)

F3 Reg. 43(ha) inserted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(12)(c)

F4 Words in reg. 43(n)(i)(aa) substituted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(12)(d)

F5 Reg. 43(n)(ii) substituted (9.11.2009) by The Rate Relief (Amendment) Regulations (Northern Ireland) 2009 (S.R. 2009/339), regs. 1, 2(12)(e)

Commencement Information

I1 Reg. 43 in operation at 1.4.2007, see reg. 1(1)