The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Modification) Regulations (Northern Ireland) 2023

Statutory Rules of Northern Ireland

2023 No. 4

Housing

The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Modification) Regulations (Northern Ireland) 2023

Made

9th January 2023

Coming into operation

31st January 2023

The Department for Communities(1), makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992(2), and now vested in it(3), and Articles 16(4), 38(1) and 48(2) of the Welfare Reform (Northern Ireland) Order 2015(4).

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(5).

Citation, commencement and interpretation N.I.

1.—(1) These regulations may be cited as the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Modification) Regulations (Northern Ireland) 2023 and shall come into operation on 31st January 2023.

(2) The Interpretation Act (Northern Ireland) 1954(6) shall apply to these Regulations as it applies to an Act of the Assembly.

Commencement Information

I1 Reg. 1 in operation at 31.1.2023, see reg. 1(1)

Modification to the Housing Benefit (Executive Determinations) Regulations N.I.

2.  For the purposes of determining the local housing allowance in 2023, the Schedule (broad rental market area determinations and local housing allowance determinations) to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008(7) is to be read as if for paragraph 2(2)(8) (local housing allowance for category of dwelling in paragraph 1) there were substituted—

“(2) For all broad rental market areas the local housing allowance for any category of dwelling is the allowance determined for that category of accommodation on 31st March 2020.”

Commencement Information

I2 Reg. 2 in operation at 31.1.2023, see reg. 1(1)

Modification to the Universal Credit Housing Costs (Executive Determinations) Regulations N.I.

3.  For the purposes of determining the local housing allowances in 2023, Schedule 1 (local housing allowance determinations) to the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016(9) is to be read as if for paragraph 2(2)(10) (local housing allowance for category of accommodation in paragraph 1) there were substituted—

“(2) For all the broad rental market areas the local housing allowance for any category of accommodation is the allowance determined for that category of accommodation on 31st March 2020.”

Commencement Information

I3 Reg. 3 in operation at 31.1.2023, see reg. 1(1)

Sealed with the Official Seal of the Department for Communities on 9th January 2023.

(L.S.)

Anne McCleary

A senior officer of the Department for Communities

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations modify the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 100) and the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 222) to make changes to how the local housing allowance is determined.

Regulations 2 and 3 modify the above Regulations to provide that, for all broad rental market areas, the local housing allowance for any category of dwelling or accommodation is the allowance determined for that category of dwelling or accommodation on 31st March 2020. The modification will apply for those purposes of determining local housing allowances in 2023.

The allowances were set by regulation 4 of the Social Security (Coronavirus) (Further Measures) Regulations (Northern Ireland) 2020 (S.R. 2020 No. 53). These figures have subsequently been maintained, at the same rate, by the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Modification) Regulations (Northern Ireland) 2021 (S.R. 2021 No. 14) and the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment and Modification) Regulations (Northern Ireland) 2022 (S.R. 2022 No. 15).

A full impact assessment has not been produced for these Regulations as no, or no significant, impact on the private, voluntary or public sector is foreseen.

(1)

The Department for Social Development was renamed the Department for Communities in accordance with section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.))

(2)

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

(3)

See Article 8(b) of S.R. 1999 No. 481

(4)

S.I 2015/2006 (N.I. 1); These powers are exercisable by the Department for Communities by virtue of Article 2 of the Welfare Reform (Northern Ireland) Order 2015 (Cessation of Transitory Provision) Order 2020 (S.I. 2020/927)

(5)

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

(6)

1954 c. 33 (N.I.)

(7)

S.R. 2008 No. 100; relevant amending Regulation is S.R. 2020 No. 53

(8)

Paragraph 2(2) was substituted by regulation 4(1)(b) of S.R. 2020 No. 53

(9)

S.R. 2016 No. 222; relevant amending Regulation is S.R. 2020 No. 53

(10)

Paragraph 2(2) was substituted by regulation 4(2)(b) of S.R. 2020 No. 53