Amendment of the Housing Benefit RegulationsI3I1I24
I31
The Housing Benefit Regulations (Northern Ireland) 200612 are amended in accordance with paragraphs (2) to (9).
I32
In regulation 19(3) (circumstances in which a person is to be treated as being or not being a member of the household) after “as a member of the claimant’s household” insert “, nor as occupying the claimant’s dwelling,”.
I33
In regulation 81 (time and manner in which claims are to be made) for paragraph (12)13 substitute—
12
Where a claimant (“C”)—
a
makes a claim which includes (or which C subsequently requests should include) a period before the claim is made; and
b
from a day in that period, up to the date when C made the claim (or subsequently requested that the claim should include a past period), C had continuous good cause for failing to make a claim (or request that the claim should include that period),
the claim is to be treated as made on the date determined in accordance with paragraph (12A).
12A
That date is the latest of—
a
the first day from which C had continuous good cause;
b
the day 6 months before the date the claim was made;
c
the day 6 months before the date when C requested that the claim should include a past period.
I34
In regulation 84(1)14 (duty to notify changes of circumstances) for sub-paragraphs (a) and (b) substitute—
a
in writing;
b
by telephone—
i
where the relevant authority has published a telephone number for that purpose or for the purposes of regulation 81 unless the authority determines that in any particular case or class of case notification may not be given by telephone, or
ii
in any case or class of case where the relevant authority determines that notice may be given by telephone; or
c
by any other means which the relevant authority agrees to accept in any particular case.
I35
In regulation 86(2) (notification of decisions) after “signed by him,” insert “within one month of the date of the notification of that decision (or, if the decision was notified before 1st May 2011, before 1st June 2011)”.
I36
In regulation 93(2) (circumstances in which payment may be made to a landlord) omit “by sending to the claimant an instrument of payment payable”.
7
In Schedule 4 (applicable amounts)—
I38
In Schedule 5 (sums to be disregarded in the calculation of earnings) in paragraph 17(3)(a) for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”.