The Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 and, subject to paragraph (3) (which relates to existing cases), shall come into operation on 7th April 2008.

(2) This paragraph applies to a case where the amount of the eligible rent which applied immediately before 7th April 2008 was determined in accordance with—

(a) regulation 13 of the Housing Benefit Regulations(1) (as in operation immediately before 7th April 2008); or

(b) in a case to which paragraph 4 of Schedule 3 to the Consequential Provisions Regulations applies, regulations 13 and 14 of the Housing Benefit Regulations as set out in paragraph 5 of that Schedule(2) (as in operation immediately before 7th April 2008).

(3) In a case to which paragraph (2) applies, regulations 2 and 3 shall come into operation on the day when, on or after 7th April 2008, one of the following sub-paragraphs first applies—

(a) the Executive has received a notification of a change relating to a rent allowance;

(b) the Executive has received a notification of a change of dwelling;

(c) 52 weeks have elapsed since the appropriate relevant authority’s last decision took effect in accordance with regulation 8(6A) of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(3);

(d) the Executive is required to determine an eligible rent in accordance with regulation 13(3)(b) of the Housing Benefit Regulations; or

(e) the Executive is required to determine an eligible rent in accordance with regulation 13(3) of the Housing Benefit Regulations as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,

and, where none of those sub-paragraphs apply before 6th April 2009, regulations 2 and 3 shall come into operation on that date.

(4) In paragraph (3)—

(a) references to the Housing Benefit Regulations and the Consequential Provisions Regulations mean those Regulations as in operation immediately before the coming into operation of regulation 2 in relation to that case;

(b) “change of dwelling” means a change of dwelling occupied by a claimant as his home during the award where the dwelling to which the claimant has moved is one in respect of which the Executive may make a rent allowance;

(c) “change relating to a rent allowance” means a change or increase to which paragraph 2(3)(a), (b), (c) or (d) of Schedule 3 to the Housing Benefit Regulations applies;

(d) “the Executive” means the Northern Ireland Housing Executive.

(5) In these Regulations—

“the Consequential Provisions Regulations” means the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006(4);

“the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006(5).

(6) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

(1)

Regulation 13 was amended by regulation 7(3) of S.R. 2007 No. 196 and regulation 3(3) of S.R. 2007 No. 266

(2)

Regulation 13, as set out in paragraph 5(1), was amended by regulation 9 of S.R. 2007 No. 196

(3)

S.R. 2001 No. 213; regulation 8(6A) was inserted by regulation 31(2) of S.R. 2004 No. 144 and amended by paragraph 7(5)(c) of Schedule 2 to S.R. 2006 No. 407 and regulation 2(3)(a) of S.R. 2007 No. 266

(4)

S.R. 2006 No. 407

(5)

S.R. 2006 No. 405; relevant amending Regulations are S.R. 2007 Nos. 196 and 266

(6)

1954 c. 33 (N.I.)