The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008

Broad rental market area determinations and local housing allowance determinations

3.—(1) On 20th March 2008 and so often thereafter as the Executive considers appropriate, the Executive shall—

(a) determine one or more broad rental market areas so that every part of Northern Ireland falls within a broad rental market area and no part of Northern Ireland falls within more than one broad rental market area; and

(b) specify the area contained within each broad rental market area by reference to the postcodes for each such broad rental market area.

(2) No more than 10 and not less than 8 working days before the end of each month the Executive shall for each broad rental market area determine, in accordance with the provisions of the Schedule—

(a) a local housing allowance for each of the categories of dwelling set out in paragraph 1 of the Schedule; and

(b) local housing allowances for such other categories of dwelling of more than 5 bedrooms as the Executive believes are likely to be required for the purpose of calculating housing benefit.

(3) Any broad rental market area determination made in accordance with paragraph (1), or local housing allowance determination made in accordance with paragraph (2) before 7th April 2008, shall take effect on 7th April 2008 and any subsequent determination shall take effect on the first day of the month which begins after the day on which the determination is made.

(4) Where the Executive is required to make local housing allowance determinations by—

(a) regulation 14D(7)(a)(1); or

(b) regulation 14D(8),

of the Housing Benefit Regulations or, as the case may be, the Housing Benefit (State Pension Credit) Regulations, it shall do so in accordance with the provisions of the Schedule.

(5) Where the Executive has made a local housing allowance determination in accordance with paragraph (4), any determination made in accordance with—

(a) paragraph (4)(a) shall take effect for the month in which the relevant date falls; and

(b) paragraph (4)(b) shall take effect for the month in which the determination is made,

except that no such determination can have effect before 7th April 2008.

(6) Where the Executive has made a local housing allowance determination in accordance with paragraph (2) it shall make an approximate monthly allowance determination in relation to that local housing allowance determination.

(1)

Regulation 14D was inserted into S.R. 2006 No. 405 by regulation 2(7) of S.R. 2008 No. 101 and into S.R. 2006 No. 406 by regulation 2(7) of S.R. 2008 No. 102