The Benefit Cap (Housing Benefit) 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) to (4).

(2) In regulation 4 (revision of decisions)(2) after paragraph (6D) insert—

“(6E) Where a relevant authority has reduced housing benefit as a consequence of regulation 73D of the Housing Benefit Regulations (reduction of housing benefit), that decision may be revised at any time.”.

(3) In regulation 7(2) (decisions superseding earlier decisions)(3) after sub-paragraph (l) add—

“(m) which as a consequence of regulation 73D of the Housing Benefit Regulations (reduction of housing benefit) reduces housing benefit to apply the benefit cap or increases or decreases such a reduction (including a decrease to nil).”.

(4) In regulation 8 (date from which a decision superseding an earlier decision takes effect)(4) after paragraph (14) insert—

“(14A) Where a decision is superseded in accordance with regulation 7(2)(m), the superseding decision shall take effect—

(a) on the date the superseding decision is made where the decision results in the application of the benefit cap or an increase in a reduction, and

(b) where the decision results in the benefit cap ceasing to apply or a decrease in a reduction, on the date from which the welfare benefit (within the meaning of regulation 73G of the Housing Benefit Regulations (interpretation)) is reduced.”.

(1)

S.R. 2001 No. 213; relevant amending Regulations are S.R. 2006 No. 104, S.R. 2010 Nos. 312 and 347 and S.R. 2013 No. 282.

(2)

Paragraph 6D was inserted by regulation 10(2) of S.R. 2006 No. 104.

(3)

Sub-paragraph (l) was added by paragraph 2(3)(b) of Schedule 4 to S.R. 2010 No. 312 and amended by regulation 5 of S.R. 2010 No. 347.

(4)

Paragraph (14) was added by paragraph 2(4)(b) of Schedule 4 to S.R.2010 No. 312.