The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2009

EXPLANATORY NOTE

(This note is not part of the Regulations)

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

Regulation 2(2) and (3) makes amendments to clarify that a particular provision does not apply to equity-sharers.

Regulation 2(4)(a), (b) and (d) makes amendments consequential to the insertion of regulation 101A into the Housing Benefit Regulations and regulation 2(4)(c) makes an amendment consequential to the insertion of paragraph 10A into Schedule 5 to those Regulations.

Regulation 2(5) inserts regulation 101A into the Housing Benefit Regulations. That regulation applies where there has been an overpayment of housing benefit in the form of a rent allowance because a claimant has moved out of the dwelling which he occupied as his home, to another dwelling which he occupies as his home. It only applies where housing benefit is payable to the same person in respect of both dwellings. In these cases, the amount of the overpayment which is recoverable is the difference between the amount of housing benefit overpaid in respect of the first property and the amount of housing benefit the claimant would have been entitled to in respect of the second property for the same period.

Regulation 2(6) inserts paragraph 10A into Schedule 5 to the Housing Benefit Regulations so as to provide an additional earnings disregard where a claimant or their partner is in receipt of a contributory employment and support allowance or incapacity benefit (or is being awarded credits to protect their National Insurance record on the grounds of incapacity for work or limited capability for work), or is in receipt of severe disablement allowance, and undertaking work which is classified as exempt work. The level of the disregard is set at the same level as the amount of money they are permitted to earn through exempt work, unless they are entitled to a higher sum under the existing earnings disregard for a lone parent. Where the claimant is a member of a couple the disregard is shared between them, so if one member of the couple earns less than the amount of the disregard, the earnings of the other may be disregarded to bring the total amount disregarded up to the appropriate level. However, where one of them is not undertaking any exempt work, the amount of that person’s earnings which may be disregarded is subject to a maximum limit of £20. Where a claimant or their partner is in receipt of income support, an income-based jobseeker’s allowance, an income-related employment and support allowance or the guarantee element of state pension credit, they will already have all their earnings disregarded under other provisions.

Regulation 3 makes equivalent amendments to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Regulation 4 makes an amendment, equivalent to that made by regulation 2(3), to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006.

In so far as these Regulations are required, for the purposes of regulations 2(2), (3), (4)(c) and (6), 3(2) to (4), (5)(c) and (7) and 4, to be referred to the Social Security Advisory Committee under section 149(2) of the Administration Act, after agreement by the Social Security Advisory Committee, they have not been so referred by virtue of section 150(1)(b) of that Act. Otherwise they make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, that Act, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.