The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018

Statutory Rules of Northern Ireland

2018 No. 2

Housing

The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018

Made

8th January 2018

Coming into operation

26th January 2018

The Department for Communities makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129(A)(2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(1) and now vested in it(2).

Proposals in respect of these Regulations were not referred to the Social Security Advisory Committee since it appeared to the Department for Communities that by reason of the urgency of the matter it was expedient not to do so(3).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 26th January 2018.

(2) The Interpretation Act (Northern Ireland) 1954(4) shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment to the Housing Benefit (Executive Determinations) Regulations

2.—(1) The Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(5) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 3(3)(6) (broad rental market area determinations and local housing allowance determinations) for sub-paragraph (b) insert—

“(b) for all other purposes —

(i) on the next 1^st April following the day on which the determination is made; or

(ii) where the next 1^st April is within 11 months beginning with the date on which the determination is made, on the next 1^st April after that.”.

(3) In the Schedule (broad rental market area determinations and local housing allowance determinations)—

(a) in paragraph 2 (local housing allowance for category of dwelling in paragraph 1) —

(i) in sub-paragraph (3)(a)(7) for “determined for that category of dwelling on 30^th January 2015” substitute “last determined for that category of dwelling”;

(ii) in sub-paragraph (3A)(8)—

(aa) in paragraph (a) for “determined for that category of dwelling on 30th January 2015” substitute “last determined for that category of dwelling”;

(bb) for the table in paragraph (b) substitute—

“(1) Category of dwelling as defined in the following paragraphs of this Schedule	(2) Maximum local housing allowance for that category of dwelling
Paragraph 1(1)(a) (one bedroom, shared accommodation)	£268.46
Paragraph 1(1)(b) (one bedroom, exclusive use)	£268.46
Paragraph 1(1)(c) (two bedrooms)	£311.40
Paragraph 1(1)(d) (three bedrooms)	£365.09
Paragraph 1(1)(e) (four bedrooms)	£429.53”

(b) for the table in paragraph 5A(9) substitute—

“(1) Broad rental market area	(2) Category of dwelling as defined in the following paragraphs of this Schedule
BRMA1 – South	Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA1 – South	Paragraph 1(1)(c) (two bedrooms)
BRMA1 – South	Paragraph 1(1)(d) (three bedrooms)
BRMA1 – South	Paragraph 1(1)(e) (four bedrooms)
BRMA2 – North	Paragraph 1(1)(d) (three bedrooms)
BRMA2 – North	Paragraph 1(1)(e) (four bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA3 – Lough Neagh Lower	Paragraph 1(1)(c) (two bedroom)
BRMA3 – Lough Neagh Lower	Paragraph 1(1)(d) (three bedrooms)
BRMA3 – Lough Neagh Lower	Paragraph 1(1)(e) (four bedrooms)
BRMA4 – North West	Paragraph 1(1)(a) (one bedroom, shared accommodation)
BRMA4 – North West	Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA4 – North West	Paragraph 1(1)(c) (two bedrooms)
BRMA6 – South East	Paragraph 1(1)(d) (three bedrooms)
BRMA6 – South East	Paragraph 1(1)(e) (four bedrooms)
BRMA8 – Belfast	Paragraph 1(1)(b) (one bedroom, exclusive use)
BRMA8 – Belfast	Paragraph 1(1)(c) (two bedroom)
BRMA8 – Belfast	Paragraph 1(1)(d) (three bedrooms)
BRMA8 – Belfast	Paragraph 1(1)(e) (four bedrooms)”

Sealed with the Official Seal of the Department for Communities on 8th January 2018

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (“the Executive Determinations Regulations”) to make changes to the manner in which a local housing allowance is determined.

Regulation 2 amends the Executive Determinations Regulations by substituting tables that provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is the lower of (a) the rent as last determined plus 3% and (b) the maximum allowance applicable to the dwelling, as specified in the table inserted by these Regulations.

For other dwellings, the local housing allowance is lower of the rent as last determined and the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations.

Further, these Regulations also amends the Executive Determinations Regulations so that any changes to a broad rental market area made as a result of a broad rental market area determination takes effect either from the 1st of April following the day on which the determination is made or, if that is within 11 months of the day on which the determination is made, the 1st of April the following year.

(1)

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (2007 c. 2 (N.I.)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

(2)

See Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c.5 (N.I.))

(3)

See sections 149(2) and 150(1)(a) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

(4)

1954 c. 33 (N.I.)

(5)

S.R. 2008 No. 100; relevant amending Regulations are S.R. 2012 No. 157, S.R. 2016 No.6 and S.R. 2017 No. 9

(6)

Paragraph (3) was substituted by regulation 2(3)(c) of S.R. 2012 No. 157

(7)

Sub-paragraph (3) was substituted by regulation 2(a)(ii) of S.R. 2016 No. 6 and amended by regulation 2(3)(a)(ii) of S.R. 2017 No. 9

(8)

Sub-paragraph (3A) was inserted by regulation 2(3)(a)(iii) of S.R. 2017 No. 9

(9)

Paragraph 5A was inserted by regulation 2(3)(b) of S.R. 2017 No. 9