2009 No. 276
Housing; Rates

The Housing Benefit (Child Benefit Disregard and Child Care Charges) Regulations (Northern Ireland) 2009

Made
Coming into operation in accordance with regulation 1
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 132(3) and (4)(b) and 171(1) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921 and now vested in it2.
These Regulations are made with the consent of the Department of Finance and Personnel3.
The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to it4.

Citation, commencement and interpretation1.

(1)

These Regulations may be cited as the Housing Benefit (Child Benefit Disregard and Child Care Charges) Regulations (Northern Ireland) 2009 and subject to paragraph (2), shall come into operation on 5th August 2009.

(2)

Regulation 3 shall come into operation on 2nd November 2009.

(3)

The Interpretation Act (Northern Ireland) 19545 shall apply to these Regulations as it applies to an Act of the Assembly.

Treatment of child care charges2.

In regulation 25(8) of the Housing Benefit Regulations (Northern Ireland) 20066 and regulation 29(8) of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 20067—

(a)

at the end of sub-paragraph (b) omit “or”

(b)

after sub-paragraph (c) add—

“(d)

by a foster parent under the Foster Placement (Children) Regulations (Northern Ireland) 19968 in relation to a child other than one whom the foster parent is fostering;

(e)

by a domiciliary care worker under the Domiciliary Care Agencies Regulations (Northern Ireland) 20079; or

(f)

by a person who is not a relative of the child wholly or mainly in the child’s home.”

Disregard of child benefit from income other than earnings3.

In Schedule 6 to the Housing Benefit Regulations (Northern Ireland) 200610 (sums to be disregarded in the calculation of income other than earnings) after paragraph 63 add—

“64.

Any payment of child benefit.”.

Sealed with the Official Seal of the Department for Social Development on 23rd July 2009

(L.S.)
Anne McCleary
A senior officer of the Department for Social Development

The Department of Finance and Personnel hereby consents to the foregoing Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 24th July 2009

(L.S.)
Richard Pengelly
A senior officer of the Department of Finance and Personnel
EXPLANATORY NOTE
(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the Housing Benefit Regulations”).

Regulation 2 amends the Housing Benefit Regulations to allow deductions to be made where the child is cared for by a foster parent (other than the child’s own foster parent) or a domiciliary care worker or where the child is looked after in their home by someone other than a relative. This aligns these provisions with regulation 14 of the Working Tax Credit (Entitlement and Maximum Rate) Regulations 2002 (S.I. 2002/2005 as amended).

Regulation 3 amends the Housing Benefit Regulations (Northern Ireland) 2006 so that payments of child benefit are disregarded for the purposes of calculating income other than earnings.