2024 No. 3
The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2024
Made
Coming into operation
The Department for Communities1, 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 19922, and now vested in it3, and Articles 16(4), 38(1) and 48(2) of the Welfare Reform (Northern Ireland) Order 20154.
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 so5.
Citation, commencement and interpretationI11
1
These Regulations may be cited as the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2024 and shall come into operation on 31st January 2024.
2
The Interpretation Act (Northern Ireland) 19546 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment to the Housing Benefit (Executive Determinations) Regulations 2008I22
1
The Schedule (Broad rental market area determinations and local housing allowance determinations) to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 20087 is amended as follows.
2
In paragraph 2 (Local housing allowance for category of dwelling in paragraph 1)—
a
in sub-paragraph (1)—
i
for “paragraph”, in the first place it occurs, substitute “paragraphs”
;
ii
after “allowances)” insert “and 3A (minimum local housing allowance)”
;
b
in sub-paragraph (2)(b), in column 2 of the table—
i
in the row relating to paragraph 1(1)(a), for “£295.49” substitute “£331.39”
;
ii
in the row relating to paragraph 1(1)(b), for “£295.49” substitute “£331.39”
;
iii
in the row relating to paragraph 1(1)(c), for “£365.92” substitute “£412.86”
;
iv
in the row relating to paragraph 1(1)(d), for “£441.86” substitute “£497.10”
;
v
in the row relating to paragraph 1(1)(e), for “£593.75” substitute “£704.22”
.
3
In paragraph 3 (Anomalous local housing allowances)—
a
before paragraph (a), for “Where—” substitute “Subject to paragraph 3A, where—”
;
b
in the words after paragraph (b), for “shall” substitute “is to”
.
4
After paragraph 3, insert—
Minimum local housing allowance3A
Where—
a
the Northern Ireland Housing Executive has determined the local housing allowance for each of the categories of dwelling in paragraph 1(1) in accordance with paragraph 2 and, where relevant, paragraph 3 (Anomalous local housing allowances); and
b
the local housing allowance as so determined for a category of dwelling is lower than the local housing allowance determined for that category of dwelling on 31st March 2020,
that local housing allowance is to be the same as the local housing allowance determined for that category of dwelling on 31st March 2020.
Amendment to the Universal Credit Housing Costs (Executive Determinations) Regulations 2016I33
1
Schedule 1 (Local Housing Allowance Determinations) to the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 20168 is amended as follows.
2
In paragraph 2 (Local housing allowance for category of dwelling in paragraph 1)—
a
in sub-paragraph (1)—
i
for “paragraph”, in the first place it occurs, substitute “paragraphs”
;
ii
after “allowances)” insert “and 6 (minimum local housing allowance)”
;
b
in sub-paragraph (2)(b), in column 2 of the table—
i
in the row relating to paragraph 1(a), for “£1,283.96” substitute “£1,439.97”
;
ii
in the row relating to paragraph 1(b), for “£1,283.96” substitute “£1,439.97”
;
iii
in the row relating to paragraph 1(c), for “£1,589.99” substitute “£1,793.98”
;
iv
in the row relating to paragraph 1(d), for “£1,920.00” substitute “£2,160.02”
;
v
in the row relating to paragraph 1(e), for “£2,579.98” substitute “£3,060.00”
.
3
In paragraph 4 (Anomalous local housing allowances), before sub-paragraph (a) for “Where—” substitute “Subject to paragraph 6, where—“.
4
At the end, insert—
Minimum local housing allowance6
Where—
a
the Northern Ireland Housing Executive has determined the local housing allowance for each of the categories of accommodation in paragraph 1 in accordance with paragraphs 2 and 3 and, where relevant, paragraph 4 (Anomalous local housing allowances); and
b
the local housing allowance as so determined for a category of accommodation is lower than the local housing allowance determined for that category of accommodation on 31st March 2020,
that local housing allowance is to be the same as the local housing allowance determined for that category of accommodation on 31st March 2020.
Sealed with the Official Seal of the Department for Communities on 9th January 2024
(This note is not part of the Regulations)