The Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2016

Amendment of the Housing Benefit (Decisions and Appeals) Regulations

2.—(1) The Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001(1) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 7(2)(2) (decisions superseding earlier decisions)—

(a) in sub-paragraph (h) for “or (l)” substitute “, (l) or (n)”;

(b) after sub-paragraph (m) add—

“(n) which is affected by the award of personal independence payment under Part 5 of the Welfare Reform (Northern Ireland) Order 2015(3) where—

(i) the claimant, the claimant’s partner or a member of the claimant’s family (“P”) was entitled to disability living allowance under section 71 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992; and

(ii) subsequent to the first day of the period to which the claimant’s entitlement to housing benefit relates, P becomes entitled to personal independence payment as a transfer claimant (within the meaning of regulation 2(1) of the Personal Independence Payment (Transitional Provisions) Regulations (Northern Ireland) 2016(4).”.

(3) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (14A)(5) add—

“(14B) A superseding decision made in consequence of regulation 7(2)(n) shall take effect—

(a) on 1st April in a case where—

(i) the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations(6); and

(ii) the decision to award personal independence payment takes effect in the same benefit week as the 1st April;

(b) on the first Monday in April in a case where—

(i) the claimant’s weekly amount of eligible rent falls to be calculated in accordance with regulation78(2)(a) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(a) of the Housing Benefit (State Pension Credit) Regulations; and

(ii) the decision to award personal independence payment takes effect in the same benefit week as the first Monday in April;

(c) in any other case, on the day after the last day of entitlement to disability living allowance.”.

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 No. 418, S.R. 2008 No. 378. S.R. 2010 Nos.312 and 347

(2)

Sub-paragraph (h) was added by regulation 4(4) of S.R. 2003 No.418 and amended by regulation 2(3)(a) of S.R. 2008 No. 378 and paragraph 2(3)(a) of Schedule 4 to S.R. 2010 No. 312; sub-paragraphs (k) and (i) were added by paragraph 2 (3)(b) of Schedule 4 to S.R. 2010 No. 312 and sub-paragraph (l) was amended by regulation 5 of S.R. 2010 No. 347; sub-paragraph (m) was added by regulation 2(3) of S.R. 2016 No. 55

(3)

S.I. 2015/2006 (N.I. 1)

(4)

S.R. 2016 No. 227

(5)

Paragraph (14A) was inserted by regulation 2(4) of S.R. 2016 No. 55

(6)

S.R. 2006 No. 406