2018 No. 209

Housing

The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018

Made

Laid before Parliament

Coming into operation

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and 171(1), (3) and (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 19921, and Articles 16, 38 and 48(2)(b) of the Welfare Reform (Northern Ireland) Order 20152.

These powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) and (b) of the Welfare Reform (Northern Ireland) Order 20153.

Citation, commencement and interpretation1

1

These Regulations may be cited as the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 25th January 2019.

2

The Interpretation Act (Northern Ireland) 19544 shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 20082

1

The Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 20085 (broad rental market area determinations and local housing allowance determinations) is amended in accordance with paragraphs (2) and (3).

2

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

a

in sub-paragraph (2B)(a)6 for “lower of the amounts set out in sub-paragraph (3A)(a) and (b)” substitute “lowest of the amounts set out in sub-paragraph (3A)(a), (b) and (c)”;

b

in sub-paragraph (3A)7—

i

in paragraph (a) after “plus 3%” omit “and”;

ii

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)

£276.51

Paragraph 1(1)(b) (one bedroom, exclusive use)

£276.51

Paragraph 1(1)(c) (two bedrooms)

£320.74

Paragraph 1(1)(d) (three bedrooms)

£376.04

Paragraph 1(1)(e) (four bedrooms)

£442.42

iii

after paragraph (b) insert—

  • and

    1. a

      the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).

3

For the table in paragraph 5A8 substitute—

(1) Broad rental market area

(2) Category of dwelling as defined in the following paragraphs of this Schedule

BRMA1 – South

Paragraph 1(1)(a) (one bedroom, shared accommodation)

BRMA1 – South

BRMA1 – South

BRMA1 – South

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

BRMA1 – South

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Amendment of the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 20163

1

The Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 20169 are amended in accordance with paragraphs (2) and (3).

2

In paragraph 2 of Schedule 1 (local housing allowance for category of dwelling in paragraph 1)10—

a

in sub-paragraph (1B)(a) for “lower of the amounts set out in sub-paragraph (2A)(a) and (b)” substitute “lowest of the amounts set out in sub-paragraph (2A)(a), (b) and (c)”;

b

in sub-paragraph (2A)—

i

in paragraph (a) after “plus 3%;” omit “and”;

ii

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)(a) (one bedroom, shared accommodation)

paragraph (1)(b) (one bedroom, exclusive use)

paragraph 1(1)(c) (two bedrooms)

paragraph 1(d) (three bedrooms)

paragraph 1(e) (four bedrooms)

£1198.20

£1198.20

£1389.91

£1629.55

£1917.12

iii

after paragraph (b) insert—

  • and

    1. a

      the rent at the 30th percentile determined in accordance with paragraph 3.

3

For the table in paragraph 511 of Schedule 1 substitute—

(1) Broad rental market area

(2) Category of dwelling as defined in the following paragraphs of this Schedule

BRMA1 – South

Paragraph 1(1)(a) (one bedroom, shared accommodation)

BRMA1 – South

BRMA1 – South

BRMA1 – South

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

BRMA1 – South

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Signed by authority of the Secretary of State for Work and Pensions

Justin TomlinsonParliamentary Under Secretary of StateDepartment for Work and Pensions
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 100) (“the Executive Determinations Regulations”) and the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 222) to make changes to the manner in which the local housing allowance is determined.

The Regulations also provide revised amounts for the maximum local housing allowance for specified categories of dwelling.

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%, (b) the maximum allowance applicable to the dwelling and (c) the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations.

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

Regulation 3 makes the equivalent amendments to the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.