2013 No. 282
The Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013
Made
Coming into operation
The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and (3) and 171(1), (3) and (4) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 F1, Article 74(3) of the Social Security (Northern Ireland) Order 1998 F2 and now vested in it F3, and paragraph 4(3A) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 F4.
Proposals in respect of these Regulations were referred to the Social Security Advisory Committee. These regulations are made before the committee has made its report as it appeared to the Department for Social Development that by reason of the urgency of the matter it was expedient to do so F5.
See Article 8(b) of S.R. 1999 No. 481
2000 c. 4 (N.I.); paragraph 4(3A) was inserted by section 30(3)(b) of the Welfare Reform Act (Northern Ireland) 2007
See sections 149(2) and 150(3) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)
Citation, commencement and interpretation1
1
These Regulations may be cited as the Housing Benefit (Local Housing Allowance and Executive Determinations) (Amendment) Regulations (Northern Ireland) 2013 and shall come into operation on 1st January 2014.
2
The Interpretation Act (Northern Ireland) 1954 F6 shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of Housing Benefit and (Decisions and Appeals) Regulations2
In regulation 8 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 F7 (date from which a decision superseding an earlier decision takes effect) after paragraph (14) add—
15
A decision to which regulation 7A(2) applies shall take effect—
a
from 1st April in a case where the claimant's weekly amount of eligible rent falls to be calculated in accordance with regulation 78(2)(b) or (c) of the Housing Benefit Regulations or, as the case may be, regulation 59(2)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations;
b
in any other case, from the first Monday in April.
Amendment of the Housing Benefit Regulations3
In regulation 14C of the Housing Benefit Regulations (Northern Ireland) 2006 F8 (when a maximum rent (LHA) is to be determined)—
a
in paragraph (2)(d)—
i
at the end of paragraph (ii) omit “or”; and
ii
after paragraph (iii) add—
or
iv
notification of a change of a kind which affects the amount of the claimant's cap rent as determined in accordance with regulation 14D.
b
for paragraph (3) substitute—
3
This paragraph applies on 1st April in any year.
c
omit paragraphs (4) and (6).
Amendment of the Housing Benefit (State Pension Credit) Regulations4
In regulation 14C of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) (Northern Ireland) 2006 F9 (when a maximum rent (LHA) is to be determined)—
a
in paragraph (2)(d)—
i
at the end of paragraph (ii) omit “or”; and
ii
after paragraph (iii) add—
or
iv
notification of a change of a kind which affects the amount of the claimant's cap rent as determined in accordance with regulation 14D.
b
for paragraph (3) substitute—
3
This paragraph applies on 1st April in any year.
c
omit paragraphs (4) and (6).
Amendment of the Housing Benefit (Executive Determinations) RegulationsF105
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Sealed with the Official Seal of the Department for Social Development on 2nd December 2013
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)