The Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Made: 23rd September 2003

Coming into operation in accordance with regulation 1(1)

The Department for Social Development, in exercise of the powers conferred by the provisions specified in the Schedule to these Regulations and now vested in it[^f00001], section 132A of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00002] and paragraphs 3(1), 4(3) and (5) and 20(1) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00003] and of all other powers enabling it in that behalf, with the consent of the Department of Finance and Personnel[^f00004], and after agreement by the Social Security Advisory Committee that proposals in respect of these Regulations should not be referred to it[^f00005], hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Housing Benefit (State Pension Credit and Miscellaneous Amendments) Regulations (Northern Ireland) 2003 and shall come into operation –

• (a) for the purposes of this regulation and regulation 2, on 5th October 2003;

• (b) for all other purposes on 6th October 2003.

• (2) In these Regulations –

• “the Decisions and Appeals Regulations” means the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001[^f00006];

• ...

• ...

• (3) The Interpretation Act (Northern Ireland) 1954[^f00009] shall apply to these Regulations as it applies to an Act of the Assembly.

Amendment of the State Pension Credit Regulations

2

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Amendment of the Housing Benefit Regulations

3

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Amendment of the Decisions and Appeals Regulations

4

• (1) The Decisions and Appeals Regulations shall be amended in accordance with paragraphs (2) to (5).

• (2) In regulation 1(2) (interpretation) –

• (a) after the definition of “the Fraud Act”[^f00027] there shall be inserted the following definition –

• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998[^f00028];

• (b) after the definition of “Decisions and Appeals Regulations 1999” there shall be inserted the following definition –

• “family” has the same meaning as in section 133 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992[^f00029];

• (3) In regulation 4 (revision of decisions), after paragraph (6A)[^f00030] there shall be inserted the following paragraph –

(6B) Where – (a) the relevant authority makes an original decision awarding housing benefit to the claimant, and (b) entitlement to a relevant benefit within the meaning of Article 9(3) of the 1998 Order or of an increase in the rate of that relevant benefit is awarded to the claimant or a member of his family for a period which includes the date on which the original decision took effect, the relevant authority may revise or further revise the original decision at any time. (6C) Where entitlement to housing benefit has ceased (“decision A”) because entitlement to a relevant benefit within the meaning of Article 9(3) of the 1998 Order has ceased (“decision B”), decision A may be revised at any time if the entitlement to the relevant benefit to which decision B applies has been reinstated in consequence of a decision made under Article 10 or 11 of the 1998 Order or on an appeal under Article 13 of that Order.

• (4) In regulation 7(2) (decisions superseding earlier decisions) after paragraph (g)[^f00031] there shall be added the following paragraph –

(h) where – (i) the claimant has been awarded entitlement to housing benefit, and (ii) subsequent to the first day of the period to which that entitlement relates, the claimant or a member of his family becomes entitled to an award of a relevant benefit within the meaning of Article 9(3) of the 1998 Order or an increase in the rate of that relevant benefit.

• (5) In regulation 8 (date from which a decision superseding an earlier decision takes effect) after paragraph (10)[^f00032] there shall be added the following paragraph –

(11) Where the decision is superseded in accordance with regulation 7(2)(h) the superseding decision shall take effect from the date on which entitlement arises to the relevant benefit referred to in regulation 7(2)(h)(ii) or to an increase in the rate of that relevant benefit.

SCHEDULE — PROVISIONS CONFERRING POWERS EXERCISED IN MAKING THESE REGULATIONS

Signed

Sealed with the Official Seal of the Department for Social Development on 23rd September 2003.

D. A. Baker — Senior Officer of the — Department for Social Development

The Department of Finance and Personnel hereby consents to these Regulations.

Sealed with the Official Seal of the Department of Finance and Personnel on 23rd September 2003.

Jack Layberry — Senior Officer of the — Department of Finance and Personnel

Explanatory note

(This note is not part of the Regulations.)

These Regulations amend Rules which make provision concerning Housing Benefit under Part VII of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 (c. 7), in connection with the introduction of State Pension Credit under the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) on 6th October 2003.

Regulation 2 amends the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) which make provision as respects entitlement to Housing Benefit in relation to persons who have attained the qualifying age for state pension credit. Many of the amendments are made in consequence of amendments made to the State Pension Credit Regulations (Northern Ireland) 2003 (S.R. 2003 No. 28). Amendments are made in particular in relation to the treatment of persons as being, or not being, in remunerative work; the determination of the applicable amount in the case of a person who is a lone parent; the determination of the disabled child premium in a case where the child has recently died; the treatment as income of amounts received by the claimant from sub-letting; for statutory paternity pay and statutory adoption pay to be treated in the same way and statutory maternity pay in the calculation of child care charges; to make further provision in connection with deductions to be made in relation to non-dependants living in the household; and to provide for the date on which changes of circumstances are to have effect. Changes are also made in the provision in the First Schedule set out in Schedule 2 to the 2003 Regulations for specified categories of earnings to be disregarded (in particular in relation to couples where one partner is in a specified occupation); in the Second Schedule set out in that Schedule 2 for other income to be disregarded (in particular specified payments to war widows and war widowers); and in the Third Schedule set out in that Schedule 2 for capital to be disregarded (in particular in relation to compensation payments received in respect of the non-payments of certain benefits). Regulation 2 also makes minor and technical amendments in the 2003 Regulations.

Regulation 3 amends the Housing Benefit (General) Regulations (Northern Ireland) 1987 in connection with the treatment of persons on state pension credit as being, or not being, in remunerative work for certain specified purposes.

Regulation 4 amends the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 to make further provision in relation to the revision, and further revision, of decisions awarding housing benefit which are affected by a change in a person’s entitlement to another benefit, and for the supersession of such decisions, including provision for the date on which the superseding decision is to take effect.

These Regulations do not impose any charge on business.

Footnotes

[^f00001]: See Article 8(b) of S.R. 1999 No. 481

[^f00002]: 1992 c. 7; section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.))

[^f00003]: 2000. c. 4 (N. I.)

[^f00004]: See section 171(6A) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 as inserted by Article 3(3) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)); see also Article 6(b) of S.R. 1999 No. 481

[^f00005]: See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

[^f00006]: S.R. 2001 No. 213; relevant amending Regulations are S.R. 2002 No. 80 and S.R. 2003 No. 224

[^f00009]: 1954 c. 33 (N.I.)

[^f00027]: Definition inserted by regulation 8(2) of S.R. 2002 No. 80

[^f00028]: S.I. 1998/1506 (N.I. 10)

[^f00029]: 1992 c. 7

Editorial notes

[^key-bb1ce91361367a64626961c41128038c]: Reg. 1 in operation at 5.10.2003, see reg. 1(1)(a)

[^key-e53d844192de062ed58decc9197e6c39]: Reg. 4 in operation at 6.10.2003, see reg. 1(1)(b)

[^key-14750d9ef6966384de8c721f998eb67e]: Sch. in operation at 6.10.2003, see reg. 1(1)(b)

[^key-9b9c9aa2b3c3832ddeebe3f68b9ea4c3]: Words in reg. 4(3) substituted (5.10.2003) by The Housing Benefit (State Pension Credit and Miscellaneous Amendments) (Amendment) Regulations (Northern Ireland) 2003 (S.R. 2003/432), regs. 1(1), 2

[^key-7f717497895467dcc65a0d408dc160f8]: Reg. 2 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-33f9a911e44381138595bdce6cb3e14a]: Reg. 3 revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)

[^key-f608f634e43ac6f080c2f1c697e5bf4c]: Words in reg. 1(2) revoked (20.11.2006) by The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (S.R. 2006/407), reg. 1(1), Sch. 1 (with regs. 2, 6(2), Sch. 3, Sch. 4)