2010 No. 340
The Social Security (Housing Costs) (Standard Interest Rate) (Amendment) Regulations (Northern Ireland) 2010
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)(a), 131(1) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, Articles 6(5) and 36(2) of the Jobseekers (Northern Ireland) Order 19952, and now vested in it3, sections 2(3)(b) and 19(1) to (3) of the State Pension Credit Act (Northern Ireland) 20024 and sections 4(2)(a) and 25(2) of the Welfare Reform Act (Northern Ireland) 20075.
Citation, commencement and interpretation1
1
These Regulations may be cited as the Social Security (Housing Costs) (Standard Interest Rate) (Amendment) Regulations (Northern Ireland) 2010.
2
These Regulations shall come into operation—
a
in any case where a relevant benefit is payable to a person in arrears in respect of a benefit week that includes 1st October 2010, on the first day of that benefit week;
b
in any case not falling within sub-paragraph (a) where a relevant benefit is payable to a person in respect of a benefit week that includes 1st October 2010, on the first day of the first benefit week to commence for that person on or after 1st October 2010;
c
in any other case, on 1st October 2010.
3
In these Regulations—
“the Income Support Regulations” means the Income Support (General) Regulations (Northern Ireland) 19876;
“the Jobseeker’s Allowance Regulations” means the Jobseeker’s Allowance Regulations (Northern Ireland) 19967;
“the State Pension Credit Regulations” means the State Pension Credit Regulations (Northern Ireland) 20038;
“the Employment and Support Allowance Regulations” means the Employment and Support Allowance Regulations (Northern Ireland) 20089;
“benefit week” has the same meaning as in—
- a
regulation 2(1)10 (interpretation) of the Income Support Regulations, in relation to income support;
- b
regulation 1(2)11 (interpretation) of the Jobseeker’s Allowance Regulations, in relation to a jobseeker’s allowance;
- c
regulation 1(2)12 (interpretation) of the State Pension Credit Regulations, in relation to state pension credit;
- d
regulation 2(1) (interpretation) of the Employment and Support Allowance Regulations, in relation to an employment and support allowance;
- a
“relevant benefit” means—
- a
income support;
- b
a jobseeker’s allowance;
- c
state pension credit; or
- d
an employment and support allowance.
- a
4
The Interpretation Act (Northern Ireland) 195413 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendments relating to the standard rate of interest2
1
This regulation applies to the following provisions—
a
paragraph 1214 (the standard rate) of Schedule 3 (housing costs) to the Income Support Regulations;
b
paragraph 1115 (the standard rate) of Schedule 2 (housing costs) to the Jobseeker’s Allowance Regulations;
c
paragraph 916 (the standard rate) of Schedule 2 (housing costs) to the State Pension Credit Regulations;
d
paragraph 1317 (the standard rate) of Schedule 6 (housing costs) to the Employment and Support Allowance Regulations.
2
In each of the provisions to which this regulation applies, for sub-paragraph (2) substitute—
2
Subject to the following provisions of this paragraph, the standard rate is to be the average mortgage rate published by the Bank of England in August 2010.
2A
The standard rate is to be varied each time that sub-paragraph (2B) applies.
2B
This sub-paragraph applies when, on any reference day, the Bank of England publishes an average mortgage rate which differs by 0.5% or more from the standard rate that applies on that reference day (whether by virtue of sub-paragraph (2) or of a previous application of this sub-paragraph).
2C
The average mortgage rate published on that reference day then becomes the new standard rate in accordance with sub-paragraph (2D).
2D
Any variation in the standard rate by virtue of sub-paragraphs (2A) to (2C) comes into effect—
a
for the purposes of sub-paragraph (2B) (in consequence of its first and any subsequent application), on the day after the reference day referred to in sub-paragraph (2C);
b
for the purpose of calculating the weekly amount of housing costs to be met under this Schedule, on the day specified by the Department18.
2E
In this paragraph—
“average mortgage rate” means the effective interest rate (non-seasonally adjusted) of United Kingdom resident banks and building societies for loans to households secured on dwellings published by the Bank of England in respect of the most recent period for that rate specified at the time of publication19;
“reference day” means any day falling after 1st October 2010.
Revocation3
Regulation 2 (amendments relating to the standard rate of interest) of the Social Security (Housing Costs Special Arrangements) (Amendment and Modification) Regulations (Northern Ireland) 200820 is revoked.
Sealed with the Official Seal of the Department for Social Development on 30th September 2010
(This note is not part of the Regulations)