The Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006

(6) For the purposes of sub-paragraph (1)(b) the circumstances of a claimant fall within this sub-paragraph if— (a) he provides evidence of incapacity in accordance with regulation 2 of the Social Security (Medical Evidence) Regulations (Northern Ireland) 1976[^f00054] (evidence of incapacity for work) in support of a claim for sickness benefit, invalidity pension or severe disablement allowance within the meaning of sections 14, 15 or 36 of the Act, provided that an adjudication officer has not determined he is not incapable of work; or (b) he is in receipt of statutory sick pay within the meaning of Part XI of the Act.

Eligible Rent

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• (1) Subject to the following provisions of this paragraph, the eligible rent of a person—

• (a) who was entitled to housing benefit on both the first date and the second date; or

• (b) who is liable to make payments in respect of a dwelling occupied by him as his home, which is exempt accommodation,

shall be determined in accordance with—

• (i) regulations 13 and 14 of the Housing Benefit Regulations (rent and restrictions on unreasonable payments), or, as the case may be,

• (ii) regulations 13 and 14 of the Housing Benefit (State Pension Credit) Regulations (rent and restrictions on unreasonable payments),

as set out in paragraph 5.

• (1A) Sub-paragraph (1)(a) shall not apply to—

• (a) any determination of a person’s eligible rent in a case where the Executive is required to determine a maximum rent (LHA) by virtue of regulation 14C of the Housing Benefit Regulations or, as the case may be, regulation 14C of the Housing Benefit (State Pension Credit) Regulations; ...

• (aa) a determination of eligible rent in a case where a person’s landlord is a registered housing association within the meaning of regulation 2 of the Housing Benefit Regulations or any case where housing benefit is payable in the form of a rent rebate unless—

• (i) the claimant or the claimant’s partner has attained the qualifying age for state pension credit, or both have attained that age;

• (ii) a relevant authority has, on or before 2nd January 2017, reduced that person’s eligible rent in accordance with regulation 14(3) of the Housing Benefit Regulations as set out in paragraph 5 of this Schedule;

• (iii) a relevant authority has, on or before 2nd January 2017, made a determination that the person’s dwelling is larger than is reasonably required or that the person’s rent is unreasonably high in accordance with regulation 14(3) of the Housing Benefit Regulations as set out in paragraph 5 of this Schedule, but has not, in accordance with paragraph (4), (5) or (7) of that regulation, reduced that person’s eligible rent; or

• (b) any subsequent determination of his eligible rent.

• (2) Sub-paragraph (1)(a) shall only apply in a case where—

• (a) either—

• (i) the dwelling occupied as his home by a person to whom sub-paragraph (1)(a) refers is the same on both the first date and the second date, or

• (ii) the dwelling so occupied was not the same by reason only that the change was caused by a fire, flood, explosion or natural catastrophe rendering the dwelling occupied as the home on the first date uninhabitable; and

• (b) the person—

• (i) was continuously entitled to and in receipt of housing benefit between the first date and the second date in respect of the dwelling to which head (a) applies;

• (ii) was not entitled to or receiving housing benefit for a period not exceeding 4 weeks, but was in continuous occupation of the dwelling to which head (a) above refers between the first date and the second date, or

• (iii) is a person to whom sub-paragraph (3) applies.

• (3) This paragraph applies in the case of a person (“the claimant”) who becomes, or whose partner becomes, a welfare to work beneficiary, and—

• (a) the claimant ceases to be entitled to housing benefit in respect of his residence in the dwelling he occupies as his home;

• (b) the claimant subsequently becomes re-entitled to housing benefit—

• (i) in respect of the same dwelling, or

• (ii) in respect of a different dwelling in a case to which sub-paragraph (2)(a)(ii) applies; and

• (c) the first day of that entitlement is within 52 weeks of the claimant or his partner becoming a welfare to work beneficiary.

• (4) A person shall be deemed to fulfil the requirements of sub-paragraphs (1)(a) and (2), where—

• (a) he occupies the dwelling which he occupied on the relevant date;

• (b) this paragraph applied to the previous beneficiary on the relevant date; and

• (c) the requirements of sub-paragraphs (5) and (6) are satisfied in his case.

• (5) The requirements of this sub-paragraph are that the person was, on the relevant date—

• (a) the partner of the previous beneficiary; or

• (b) in a case where the previous beneficiary died on the relevant date, was a person to whom regulation 14(10)(b), (c) or (d) of the Housing Benefit Regulations as specified in paragraph 5, applied and for the purposes of this sub-paragraph “claimant” in that paragraph of that regulation shall be taken to be a reference to the previous beneficiary.

• (6) The requirements of this sub-paragraph are that a claim for housing benefit is made within 4 weeks of the relevant date and where such a claim is made it shall be treated as having been made on the relevant date.

• (7) The eligible rent of a person to whom—

• (a) regulation 10A of and Schedule A1 to the Housing Benefit Regulations[^f00055], or, as the case may be;

• (b) regulation 10A of and Schedule A1 to the Housing Benefit (State Pension Credit) Regulations,

apply, shall be determined in accordance with—

• (i) regulations 13 and 14 of the Housing Benefit Regulations, or, as the case may be,

• (ii) regulations 13 and 14 of the Housing Benefit (State Pension Credit) Regulations,

as set out in paragraph 5.

• (8) Sub-paragraphs (1) to (7) shall continue to have effect in the case of a claimant who has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary where the claimant is entitled to housing benefit at the end of the 52 week period to which sub-paragraph (3)(c) refers.

• (9) In this paragraph—

• “eligible rent” means, as the case may require, an eligible rent determined in accordance with—regulations 13A (eligible rent), 13AA (eligible rent and maximum rent (social sector)), 13B (eligible rent and maximum rent), 13C (eligible rent and maximum rent (LHA)); orregulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations in a case to which paragraph 4 of that Schedule applies;

• “exempt accommodation” means accommodation which is provided by a housing association, registered charity or voluntary organisation where that body or a person acting on its behalf also provides the claimant with care support or supervision;

• “the first date” means 1st April 1996, except in a case to which sub-paragraph (4) applies, in which case it shall be the relevant date;

• “imprisoned” means detained in custody pending sentence upon conviction or under a sentence imposed by a court;

• “previous beneficiary” means a person—who died, left the dwelling or was imprisoned, as the case may be;who was on that date in receipt of housing benefit or was on that date within 52 weeks of having become a welfare to work beneficiary; andto whom this paragraph applied on that date,and, in this paragraph, a reference to a person occupying a dwelling as his home shall be taken to include a person who is treated as occupying a dwelling as his home by virtue of regulation 7 of the Housing Benefit Regulations or, as the case may be, regulation 7 of the Housing Benefit (State Pension Credit) Regulations;

• “relevant authority” means an authority administering housing benefit;

• “the relevant date” means the date—of the death of a previous beneficiary;on which a previous beneficiary who was the claimant’s partner left the dwelling so that he and the claimant ceased to be living together as husband and wife; oron which a previous beneficiary, other than a beneficiary to whom regulation 7(13) of the Housing Benefit Regulations or, as the case may be, regulation 7(13) of the Housing Benefit (State Pension Credit) Regulations applied, was imprisoned, but only where on that date he was the partner of the claimant,as the case may be;

• “the second date” means any day after the first date for which a claimant’s entitlement to housing benefit falls to be determined;

• “state pension credit” means state pension credit under the State Pension Credit Act (Northern Ireland) 2002;

• “welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00056] applies.

5

• (1) For the purposes of paragraph 4(1), regulation 13 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations is as follows—

(13) (1) Subject to the following provisions of this regulation, the payments in respect of which housing benefit is payable in the form of a rent rebate or allowance are the following periodical payments which a person is liable to make in respect of the dwelling which he occupies as his home— (a) payments of, or by way of, rent; (b) payments in respect of a licence or permission to occupy the dwelling; (c) payments by way of mesne profits; (d) payments in respect of, or in consequence of, use and occupation of the dwelling; (e) payments of, or by way of, service charges payment of which is a condition on which the right to occupy the dwelling depends; (f) mooring charges payable for a houseboat; (g) where the home is a caravan or a mobile home, payments in respect of the site on which it stands; and (h) payments under a rental purchase agreement, that is to say an agreement for the purchase of a dwelling which is a building or part of one under which the whole or part of the purchase price is to be paid in more than one instalment and the completion of the purchase is deferred until the whole or a specified part of the purchase price has been paid. (2) A rent rebate or, as the case may be, a rent allowance shall not be payable in respect of the following periodical payments— (a) payments by an owner except under an equity-sharing lease in respect of payments specified in paragraph (1)(a) and (e) ; (b) payments under a hire purchase, credit sale or conditional sale agreement except to the extent the conditional sale agreement is in respect of land; and (c) payments by a person who is eligible for a rent rebate or allowance under a scheme operated by the Ministry of Defence. (3) Subject to any apportionment in accordance with paragraphs (4) and (5) and to regulations 14 and 14ZA (restrictions on unreasonable payments and rent increases), the amount of a person’s eligible rent shall be the aggregate of such payments specified in paragraph (1) as he is liable to pay less— (a) except where he is separately liable for rates, an amount determined in accordance with paragraph (6); (ab) except where he is separately liable for charges for water, sewerage or allied environmental services, an amount determined in accordance with paragraph (6A); (b) where payments include service charges which are wholly or partly ineligible, an amount in respect of the ineligible charges determined in accordance with Schedule 1; and (c) where he is liable to make payments in respect of any service charges to which paragraph (1)(e) does not apply, but to which paragraph 3(2) of Schedule 1 (ineligible service charges) applies in the particular circumstances, an amount in respect of such charges determined in accordance with paragraph 3(2) of that Schedule. (4) Where the payments specified in paragraph (1) are payable in respect of accommodation which consists partly of residential accommodation and partly of other accommodation, only such proportion thereof as is referable to the residential accommodation shall count as eligible rent for the purposes of these Regulations. (5) Where more than one person is liable to make payments in respect of a dwelling, the payments specified in paragraph (1) shall be apportioned for the purpose of calculating the eligible rent for each such person having regard to all the circumstances, in particular, the number of such persons and the proportion of rent paid by each such person. (6) The amount of the deduction in respect of rates referred to in paragraph (3) shall be— (a) if the dwelling occupied by the claimant is a single rateable unit, the amount of the rates payable in respect of the rateable unit as a whole; or (b) if the dwelling comprises part only of a rateable unit, the amount treated as a payment by way of rates by virtue of regulation 12(2) (rates). (6A) The amount of the deduction referred to in paragraph (3)(ab) shall be— (a) except in a case to which sub-paragraph (c) applies, if the dwelling occupied by the claimant is a self-contained unit, the amount of the charges; (b) in any other case except one to which sub-paragraph (c) applies, the proportion of those charges in respect of the self-contained unit which is obtained by dividing the area of the dwelling occupied by the claimant by the area of the self-contained unit of which it forms part; (c) where the charges vary in accordance with the amount of water actually used, the amount which the Executive considers to be fairly attributable to water, and sewerage services, having regard to the actual or estimated consumption of the claimant. (7) In this regulation and Schedule 1— - “service charges” means periodical payments for services, whether or not under the same agreement as that under which the dwelling is occupied, or whether or not such a charge is specified as separate from or separately identified within other payments made by the occupier in respect of the dwelling; and - “services” means services performed or facilities (including the use of furniture) provided for, or rights made available to, the occupier of a dwelling.

• (2) For the purposes of paragraph 4(1), regulation 14 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations is as follows—

(14) (1) Where a rent is registered in respect of a dwelling under Part IV, V or VI of the Rent (Northern Ireland) Order 1978[^f00057] and the rent recoverable from a claimant is limited to the rent so registered, his eligible rent determined in accordance with regulation 13 shall not exceed the rent so registered. (2) The appropriate authority shall consider— (a) whether a claimant occupies a dwelling larger than is reasonably required by him and others who also occupy that dwelling (including any non-dependants of his and any person paying rent to him) having regard in particular to suitable alternative accommodation occupied by a household of the same size; (b) whether the rates payable for the claimant’s dwelling are unreasonably high by comparison with the rates payable in respect of suitable alternative accommodation elsewhere; or (c) whether the rent payable for his dwelling is unreasonably high by comparison with the rent payable in respect of suitable alternative accommodation elsewhere, and, where it appears to the authority that the dwelling is larger than is reasonably required or that the rates are, or as the case may be, the rent is unreasonably high, the authority shall, subject to paragraphs (3) to (6), treat the claimant’s eligible rates, or as the case may be, eligible rent, as reduced by such amount as it considers appropriate having regard in particular to the cost of suitable alternative accommodation elsewhere and the claimant’s maximum housing benefit shall be calculated by reference to the eligible rates or eligible rent as so reduced. (3) If any person to whom paragraph (10) applies— (a) has attained the qualifying age for state pension credit; (b) is incapable of work for the purpose of Part XIIA of the Act; (c) is treated as capable of work in accordance with regulations made under section 167E of the Act; ... (ca) has limited capability for work within the meaning of section 1(4) of the Welfare Reform Act (Northern Ireland) 2007; (cb) is treated as not having limited capability for work in accordance with regulations made under paragraph 1(a) of Schedule 2 to that Act (employment and support allowance: supplementary provisions); or (d) is a member of the same household as a child or young person for whom he or his partner is responsible, no deduction shall be made under paragraph (2) unless suitable cheaper alternative accommodation is available and the authority considers that, taking into account the relevant factors, it is reasonable to expect the claimant to move from his present accommodation. (5) No reduction shall be made under paragraph (2) for a period of 12 months from the date of death of any person to whom paragraph (10) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the reduction began before the death occurred. (6) For the purposes of paragraph (5), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 (circumstances in which a person is or is not to be treated as occupying a dwelling as his home) is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted. (7) Without prejudice to the operation of paragraph (3), but subject to paragraph (8), where the relevant authority is satisfied that a person to whom paragraph (10) applies was able to meet the financial commitments for his dwelling when they were entered into, no deduction shall be made under paragraph (2) during the first 13 benefit weeks of the claimant’s benefit period. (8) Paragraph (7) shall not apply where a claimant was previously entitled to benefit in respect of a benefit period which fell wholly or partly less than 52 weeks before the commencement of his current benefit period. (9) For the purposes of this regulation— (a) in deciding what is suitable alternative accommodation, the appropriate authority shall take account of the nature of the alternative accommodation and the facilities provided having regard to the age and state of health of all the persons to whom paragraph (10) applies and, in particular, where a claimant’s present dwelling is occupied with security of tenure, accommodation shall not be treated as suitable alternative accommodation unless that accommodation will be occupied on terms which will afford security of tenure reasonably equivalent to that presently enjoyed by the claimant; and (b) the relevant factors in paragraph (3) are the effects of a move to alternative accommodation on— (i) the claimant’s prospects of retaining his employment; and (ii) the education of any child or young person referred to in paragraph (3)(d) if such a move were to result in a change of school. (10) This paragraph applies to the following persons— (a) the claimant; (b) any member of his family; (c) if the claimant is a member of a polygamous marriage, any partners of his and any child or young person for whom he or a partner is responsible and who is a member of the same household; (d) subject to paragraph (11), any relative of the claimant or his partner who occupies the same dwelling as the claimant, whether or not they reside with him. (11) Paragraph (10)(d) shall only apply to a relative who has no separate right of occupation of the dwelling which would enable him to continue to occupy it even if the claimant ceased his occupation of it.

• (3) For the purposes of regulation 13(3) of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, as inserted by paragraph (1), regulation 14ZA of both those Regulations is as follows—

(14ZA) (1) Subject to paragraph (2), where a claimant’s eligible rent is increased during a benefit period the relevant authority may, if it considers either— (a) that the increase is unreasonably high having regard in particular to the level of increases for suitable alternative accommodation; or (b) in the case of an increase which takes place less than 12 months after the date of the previous increase, that the increase is unreasonable having regard to the length of time since the previous increase, treat the eligible rent as reduced either by the full amount of the increase or, if it considers that a lesser increase was reasonable in all the circumstances, by the difference between the full amount of the increase and the increase that is reasonable having regard in particular to the level of increases for suitable alternative accommodation, and the claimant’s maximum housing benefit shall be calculated by reference to the eligible rent as so reduced. (2) No reduction shall be made under this regulation for a period of 12 months from the date of death of any person to whom regulation 14(9) applied or, had a claim been made, would have applied, if the dwelling which the claimant occupies is the same as that occupied by him at that date except where the reduction began before the death occurred. (3) For the purposes of paragraph (2), a claimant shall be treated as occupying the dwelling if paragraph (13) of regulation 7 is satisfied and for that purpose sub-paragraph (b) of that paragraph shall be treated as if it were omitted.

Persons from abroad

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• (1) Where, immediately before the coming into operation of the consolidating Regulations, a person is entitled to housing benefit, by virtue of regulation 11(1) of the Social Security (Persons From Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996[^f00058] (“the 1996 Regulations”), the modifications specified in relation to housing benefit in paragraph (2) shall continue to have effect both as regards that person and as regards persons who are members of his family on 5th February 1996.

• (2) The modifications specified in this sub-paragraph are that for regulation 10 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations, there were substituted—

(10) (1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable. (2) In paragraph (1) a “person from abroad” means a person, other than a person to whom paragraph (3) or (6) applies, who has limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom which was given in accordance with any provision in the immigration rules (as defined in that section) relating to— (a) there being, or to there needing to be, no recourse to public funds; or (b) there being no charge on public funds, during that limited leave. (3) Subject to paragraph (7) this paragraph applies to a person who— (a) is a national of a European Economic Area State, a state which is a signatory to the European Convention on Social and Medical Assistance (done in Paris on 11th December 1953)[^f00059], a state which is a signatory to the Council of Europe Social Charter (signed in Turin on 18th October 1961)[^f00060], the Channel Islands or the Isle of Man; or (b) having, during any one period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed. (4) In paragraph (1) “person from abroad” also means any person other than a person to whom paragraph (6) applies who— (a) having a limited leave (as defined in section 33(1) of the 1971 Act) to enter or remain in the United Kingdom, has remained without further leave under that Act beyond the time limited by the leave; (b) is the subject of a deportation order being an order under section 5(1) of the 1971 Act (deportation) requiring him to leave and prohibiting him from entering the United Kingdom except where his removal from the United Kingdom has been deferred in writing by the Secretary of State; (c) is adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act[^f00061]) who has not subsequently been given leave under that Act to enter or remain in the United Kingdom except a person who has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State; (d) is a national of a European Economic Area State and is required by the Secretary of State to leave the United Kingdom; or (e) is not habitually resident in the United Kingdom, the Republic of Ireland, the Channel Islands or the Isle of Man, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is— (i) a worker for the purposes of Council Regulation (EEC) No. 1612/68[^f00062] or (EEC) No. 1251/70[^f00063] or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC[^f00064] or No. 73/148/EEC[^f00065]; (ii) a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951[^f00066], as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967[^f00067]; (iii) a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; (iv) a person to whom paragraph (5) applies; (v) the subject of a deportation order, being an order under section 5(1) of the 1971 Act requiring him to leave and prohibiting him from entering the United Kingdom, and whose removal from the United Kingdom has been deferred in writing by the Secretary of State, or (vi) adjudged by the immigration authorities to be an illegal entrant (as defined in section 33(1) of the 1971 Act), has not subsequently been given leave under that Act to enter or remain in the United Kingdom but has been allowed to remain in the United Kingdom with the consent in writing of the Secretary of State. (5) Subject to paragraph (7) this paragraph applies to a person who, having, during any period of limited leave (including any such period as extended), supported himself without recourse to public funds other than any such recourse by reason of the previous application of this sub-paragraph, is temporarily without funds during that period of leave because remittances to him from abroad have been disrupted, provided that there is a reasonable expectation that his supply of funds will be resumed. (6) This paragraph applies to a person who— (a) is an asylum seeker, and for this purpose a person— (i) becomes an asylum seeker when he has submitted a claim for asylum to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention relating to the Status of Refugees done at Geneva on 28th July 1951, and the protocol to that convention, for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State as having been made, and (ii) ceases to be an asylum seeker when his claim is recorded by the Secretary of State as having been finally determined or abandoned; (b) is awaiting the outcome of an appeal under Part II of the 1971 Act (including any period for which the appeal is treated as pending under section 33(4) of that Act[^f00068]); (c) has no or no further right of appeal under the 1971 Act but has been allowed to remain in the United Kingdom while an application to remain is, or representations on his behalf are, being considered by the Secretary of State; (d) except where he is a person to whom paragraph (4)(b) applies, has been granted permission to remain in the United Kingdom pending the removal from the United Kingdom of a person who is the subject of a deportation order but whose deportation has been deferred in writing by the Secretary of State; (e) is subject to a direction for his removal from the United Kingdom but whose removal has been deferred in writing by the Secretary of State; or (f) is in receipt of income support. (7) Paragraphs (3)(b) and (5) shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended). (8) In this regulation— - “the 1971 Act” means the Immigration Act 1971[^f00069]; - “European Economic Area State” means a Member State or Norway, Sweden, Iceland, Austria or Finland.

• (3) Where, immediately before the coming into operation of the consolidating Regulations, a person is entitled to housing benefit, by virtue of regulation 11(2) of the Social Security (Persons From Abroad) (Miscellaneous Amendments) Regulations (Northern Ireland) 1996, the Housing Benefit Regulations shall have effect in relation to him subject to the modifications set out in sub-paragraph (2).

• (4) Sub-paragraph (5) applies where a person—

• (a) is entitled to a specified benefit in respect of a period which includes 30th April 2004;

• (b) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to that benefit in respect of a period which includes 30th April 2004;

• (c) claims a specified benefit on or after 1st May 2004 and it is subsequently determined that he is entitled to such a benefit in respect of a period which is continuous with a period of entitlement to the same or another specified benefit which includes 30th April 2004;

• (d) claims jobseeker’s allowance on or after 1st May 2004 and it is subsequently determined that he is entitled to jobseeker’s allowance in respect of a period of entitlement to that benefit which is linked to a previous period of entitlement which includes 30th April 2004 by virtue of regulations made under paragraph 3 of Schedule 1 to the Jobseekers (Northern Ireland) Order 1995[^f00070].

• (5) Where this sub-paragraph applies, regulation 10 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations is as follows—

(10) (1) A person from abroad who is liable to make payments in respect of a dwelling shall be treated as if he were not so liable but this paragraph shall not have effect in respect of a person to whom and for a period to which regulation 10A and Schedule A1 apply. (2) In paragraph (1) “person from abroad” also means any person, other than a person to whom paragraph (3) applies who is not habitually resident in the United Kingdom, the Channel Islands, the Isle of Man or the Republic of Ireland, but for this purpose no person shall be treated as not habitually resident in the United Kingdom who is— (a) a worker for the purposes of Council Regulation (EEC) No. 1612/68 or (EEC) No. 1251/70 or a person with a right to reside in the United Kingdom pursuant to Council Directive No. 68/360/EEC or No. 73/148/EEC; (b) a refugee; (c) a person who has been granted exceptional leave to remain in the United Kingdom by the Secretary of State; or (d) a person who is not a person subject to immigration control within the meaning of section 115(9) of the Immigration and Asylum Act 1999[^f00071] and who is in the United Kingdom as a result of his deportation, expulsion or other removal by compulsion of law from another country to the United Kingdom. (3) This paragraph applies to a person who— (a) is in receipt of income support; or (b) is in Northern Ireland and who left the territory of Montserrat after 1st November 1995 because of the effect on that territory of a volcanic eruption. (4) Paragraph 1 of Part I of the Schedule to, and regulation 2 as it applies to that paragraph of, the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[^f00072] shall not apply to a person who has been temporarily without funds for any period, or the aggregate of any periods, exceeding 42 days during any one period of limited leave (including any such period as extended). (5) In this regulation— - “European Economic Area State” means a Member State or Norway, Sweden, Iceland, Austria or Finland; - “refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees.

• (6) The provisions in sub-paragraph (5) shall continue to have effect until the date on which entitlement to a specified benefit for the purposes of sub-paragraph (4) ceases, and if there is more than one such specified benefit, until the last date on which such entitlement ceases.

• (7) In sub-paragraphs (4) and (6), “specified benefit” means income support, housing benefit, jobseeker’s allowance and state pension credit.

• (8) In regulation 11 of the 1996 Regulations—

• (a) in paragraph (1), from “those provisions” to the end of the paragraph, there were substituted “the provisions of the Income Support Regulations as then in operation shall continue to have effect as if regulation 4(2) and (3)(b)(i) of these Regulations had not been made”; and

• (b) in paragraph (2), from “those Regulations shall have effect” to the end of the paragraph, there were substituted “the Income Support Regulations shall have effect as if regulation 4 of these Regulations had not been made”.

• (9) For the purposes of—

• (a) regulation 10(1) of the Housing Benefit Regulations; and

• (b) regulation 10(1) of the Housing Benefit (State Pension Credit) Regulations,

a person who is an asylum seeker within the meaning of sub-paragraph (10) who has not ceased to be an asylum seeker by virtue of sub-paragraph (11), is not a person from abroad within the meaning of paragraph (1) of those Regulations.

• (10) An asylum seeker within the meaning of this paragraph is a person who—

• (a) submits on his arrival (other than on his re-entry) in the United Kingdom from a country outside the Common Travel Area a claim for asylum on or before 2nd April 2000 to the Secretary of State that it would be contrary to the United Kingdom’s obligations under the Convention for him to be removed from, or required to leave, the United Kingdom and that claim is recorded by the Secretary of State has having been made before that date; or

• (b) on or before 2nd April 2000 becomes, while present in Northern Ireland, an asylum seeker when—

• (i) the Secretary of State makes a declaration to the effect that the country of which he is a national is subject to such a fundamental change of circumstances that he would not normally order the return of a person to that country;

• (ii) he submits, within a period of three months from the date on which that declaration was made, a claim for asylum to the Secretary of State under the Convention; and

• (iii) his claim for asylum under that Convention is recorded by the Secretary of State as having been made.

• (11) A person ceases to be an asylum seeker for the purposes of this paragraph when his claim for asylum is recorded by the Secretary of State as having been decided (other than on appeal) or abandoned.

• (12) In sub-paragraph (10) “the Common Travel Area” means the United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively and “the Convention” means the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.

Frequency of payment of rent allowance

7

• (1) The regulations specified in sub-paragraphs (3) to (5) shall apply in accordance with the amendments specified in those sub-paragraphs where—

• (a) the claimant was entitled to and in receipt of housing benefit on account of his liability to make payments in respect of a dwelling, which he occupied or was treated as occupying as his home, on 6 October 1996;

• (b) regulation 11 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1996[^f00073] (saving provision for payment of benefit) applied in the case of payments made to the claimant immediately before the consolidating Regulations came into operation; and

• (c) the claimant continues to be entitled to and in receipt of housing benefit on account of such occupation of that dwelling.

• (2) In this paragraph, “claimant” includes the deceased partner of a claimant in any case where a claim is made by the surviving partner within 4 weeks of the death, provided that this paragraph or regulation 11 of the Housing Benefit (General) (Amendment No. 3) Regulations (Northern Ireland) 1996 applied to that deceased person on the day of his death.

• (3) Regulation 87 of the Housing Benefit Regulations (time and manner of payment) shall have effect as if, in paragraph (3), for “Subject to regulations 89 to 94” there were substituted “Subject to regulations 90 to 94”.

• (4) Regulation 68 of the Housing Benefit (State Pension Credit) Regulations (time and manner of payment) shall have effect as if, in paragraph (3), for “Subject to regulations 70 to 75,” there were substituted “Subject to regulations 71 to 75”.

• (5) Regulation 89 of the Housing Benefit Regulations and regulation 70 of the Housing Benefit (State Pension Credit) Regulations (frequency of payment of a rent allowance) shall both have effect as if—

• (a) for paragraph (2), there were substituted—

(2) A payment of a rent allowance in accordance with paragraph (1) shall be made insofar as it is practicable to do so, two weeks before the end of the period in respect of which it is made unless the liability to pay rent of the person entitled is in respect of a past period, in which case payment of the rent allowance may be made at the end of that period.

• (b) paragraphs (3) and (4) were omitted;

• (c) in paragraphs (5) and (6), “Except in a case to which paragraph (3) applies,” were omitted; and

• (d) in paragraph (7) “Subject to paragraphs (2), (3) and (5),” were omitted.

Local reference rent taper

8

• (1) Regulation 14 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations (maximum rent) shall have effect in the case of a claimant to whom any of sub-paragraphs (3) to (6) of this paragraph applies subject to the amendment specified in sub-paragraph (2).

• (2) In paragraph (3) of regulation 14 at the end add “plus 50 per cent. of the amount by which the claim-related rent exceeds the local reference rent”.

• (3) This sub-paragraph applies to a claimant who has been continuously entitled to and in receipt of housing benefit—

• (a) in respect of the same dwelling for a period which includes 5th October 1997; and

• (b) which included an addition by virtue of regulation 11(3) or (4) of the former Regulations as they had effect on 5th October 1997.

• (4) Sub-paragraph (3) above shall continue to have effect in the case of a person who has ceased to be a welfare to work beneficiary or whose partner has ceased to be such a beneficiary where the person is entitled to housing benefit at the end of the 52 week period to which sub-paragraph (5) refers.

• (5) This sub-paragraph applies in the case of a person—

• (a) who was entitled to housing benefit in respect of the dwelling he occupied as his home on or before 5th October 1997;

• (b) whose entitlement to housing benefit in respect of that dwelling was continuous from that date until it ceased because either the person or his partner became a welfare to work beneficiary;

• (c) who on the day before entitlement to housing benefit ceased, was in receipt of an addition to benefit by virtue of regulation 11(4) or (5) of the former Regulations[^f00074] as they had effect on 5th October 1997; and

• (d) who subsequently becomes re-entitled to housing benefit in respect of that dwelling within 52 weeks of him or his partner becoming a welfare to work beneficiary.

• (6) In this paragraph, “welfare to work beneficiary” means a person to whom regulation 13A(1) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995[^f00075] applies.

Residential Care Homes

9

• (1) Sub-paragraph (2) shall apply to a person who, on 13th November 2005 was a person to whom regulation 7(2) of the former Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) as in operation on that date applied.

• (2) Where this sub-paragraph applies—

• (a) regulation 9 of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) shall have effect as if—

• (i) in paragraph (1)(k), at the beginning there were inserted “except where paragraph (1A) applies”;

• (ii) after paragraph (1) there were inserted—

(1A) This paragraph applies to a person who— (a) was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or (b) became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to the appropriate office or designated office in accordance with regulation 81(4), before that date.

• (iii) for paragraph (4) there were substituted regulation 7(3) of the former Regulations as in operation on 13th November 2005;

• (b) regulation 9 of the Housing Benefit (State Pension Credit) Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) shall have effect as if—

• (i) in paragraph (1)(k), at the beginning there were inserted “except where paragraph (1A) applies”;

• (ii) after paragraph (1) there were inserted—

(1A) This paragraph applies to a person who— (a) was or became entitled immediately before 30th October 1990 to housing benefit in respect of residential accommodation; or (b) became or becomes entitled to housing benefit in respect of such accommodation on or after that date but only if the claim was made or, as the case may be, the appropriate authority is satisfied that the claim was sent or delivered to an appropriate office in accordance with regulation 62(5), before that date.

• (iii) for paragraph (4) there were substituted regulation 7(3) of the former Regulations as in operation on 13th November 2005;

• (c) regulation 49 of the Housing Benefit Regulations (calculation of tariff income from capital) shall have effect as if—

• (i) for paragraph (3) there were substituted—

(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant— (a) occupies residential accommodation as his home; or (b) is a person to whom paragraph (1A), as inserted by paragraph 9(2)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations applies.

• (ii) for paragraph (8), there were substituted—

(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in paragraph (7)(b) or (c) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(c) does not apply to the claimant in respect of that accommodation.

• (3) Sub-paragraph (4) shall apply to a person who, on 13th November 2005, was a person to whom regulation 7(5) of the former Regulations as in operation on that date applied.

• (4) Where this sub-paragraph applies—

• (a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

• (i) for paragraph (4) there were substituted regulation 7(3) of the former Regulations as in operation on 13th November 2005;

• (ii) after paragraph (4) there were inserted—

(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who— (a) occupies or is treated by regulation 5(8) of the former Regulations as occupying residential accommodation on 31st March 1993; (b) is or was liable to pay rent in respect of that accommodation for that day; (c) is a person to whom regulation 7(2)(a) or (b) of the former Regulations applies immediately before 1st April 1993; and (d) is or was entitled to housing benefit in respect of the liability mentioned in sub-paragraph (b). (6) In the case of a person to whom this paragraph applies, regulation 9 of these Regulations shall continue to apply to him as if the amendments to the former Regulations specified in regulation 3(4)(b) of the Social Security Benefits (Amendments Consequential Upon the Introduction of Community Care) Regulations (Northern Ireland) 1993[^f00076] had not been made. (7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him— (a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 5(8) of the former Regulations as occupying on 31st March 1993; and (b) on any day which falls after that day. (8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17) of these Regulations. (9) Where a person— (a) ceases to be entitled to housing benefit; and (b) was before he ceased to be entitled a person to whom paragraph (6) applied, that paragraph shall not apply to him in the case of any subsequent claim for housing benefit.

• (b) regulation 49 of the Housing Benefit Regulations shall have effect as if—

• (i) for paragraph (3) there were substituted—

(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant— (a) occupies residential accommodation as his home; or (b) is a person to whom paragraph (6), as inserted by paragraph 9(4)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations applies.

• (ii) for paragraph (8) there were substituted—

(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in sub-paragraph (b) or (c) of paragraph (7) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(c) does not apply to the claimant in respect of that accommodation.

• (5) Sub-paragraph (6) shall apply to a person who, on 13th November 2005, was a person to whom regulation 7(7) of the former Regulations as in operation on that date applied.

• (6) Where this paragraph applies—

• (a) regulation 9 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

• (i) for paragraph (4) there were substituted paragraph (3) of regulation 7 of the former Regulations as in operation on 13th November 2005;

• (ii) after paragraph (4) there were inserted—

(5) Subject to the following provisions of this regulation, paragraph (6) applies to a person who— (a) occupies or is treated under regulation 5(7C), (8) or (8C) of the former Regulations as occupying accommodation in an establishment which on 1st April 1993 was registered as a small home under Part II of the Registered Homes (Northern Ireland) Order 1992[^f00077] (residential care homes); (b) was occupying or was treated under regulation 5(8) of the former Regulations as occupying, that accommodation on 31st March 1993; (c) is or was liable to make payments in respect of that accommodation for 31st March 1993; and (d) is or was entitled to housing benefit in respect of that liability. (6) In the case of a person to whom this paragraph applies, paragraph (4), as substituted by paragraph 9(4)(a)(i) of Schedule 3 to the Consequential Provisions Regulations, shall apply as if sub-paragraph (a) was omitted. (7) Subject to paragraph (8), where on 1st April 1993 paragraph (6) applies to a person that paragraph shall cease to apply to him— (a) on the day on which he is first absent from the accommodation which he occupied or was treated under regulation 5(8) of the former Regulations as occupying on 31st March 1993; and (b) on any day which falls after that day. (8) For the purposes of paragraph (7), any absence shall be disregarded during which the person is treated as occupying the accommodation as his home pursuant to regulation 7(12), (13) or (17). (9) Where a person— (a) ceases to be entitled to housing benefit; and (b) was before he ceased to be entitled a person to whom paragraph (6) applied, that paragraph shall not apply to him in the case of any subsequent claim for housing benefit. (10) Where on 31st March 1993 a person occupied or was treated as occupying an establishment mentioned in paragraph (5)(a) and on a day subsequent to that date the establishment, if it was registered under Part II of the Registered Homes Order, ceases to be so registered, then on that day and on any day thereafter paragraph (6) shall not apply to that person. (11) In this regulation “small home” has the same meaning as in Part II of the Registered Homes Order by virtue of Article 4(5) of that Order.

• (b) regulation 49 of the Housing Benefit Regulations shall have effect as if—

• (i) for paragraph (3) there were substituted—

(3) For the purposes of paragraph (2), the prescribed circumstances are that the claimant— (a) occupies residential accommodation as his home; or (b) is a person to whom paragraph (6), as inserted by paragraph 9(4)(a)(ii) of Schedule 3 to the Consequential Provisions Regulations applies.

• (ii) for paragraph (8) there were substituted—

(8) Paragraph (7) shall not apply to residential accommodation of the type referred to in of paragraph (7)(b) or (c) where such accommodation is residential accommodation for the purposes of regulation 9 and paragraph (4)(c) does not apply to the claimant in respect of that accommodation.

SCHEDULE 4 — Transitory modifications

Provisions not yet in force

1

• (1) If—

• (a) no date has been appointed as the date on which a provision mentioned in column 1 of the following Table is to come into force before 20th November 2006; or

• (b) a date has been appointed which is later than 20th November 2006,

then the paragraph of this Schedule mentioned in column 2 of the Table opposite that provision shall have effect until the appointed day.

Provision	Paragraph of this Schedule
Section 12(2)(f) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004[^f00078].	Paragraph 2
Section 12(4) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.	Paragraph 3

• (2) If a date has been appointed as the date on which a provision mentioned in column 1 of the Table above is to come into force for some purposes of that provision but not for others, then the paragraph mentioned in column 2 of the Table opposite that provision shall have effect for those other purposes of that provision (in so far as it is capable of doing so) until the provisions are brought into force for the remaining purposes.

Refugees–Housing Benefit

2

• (1) After regulation 10 of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations insert—

(10A) (1) Where a person, who has made a claim for asylum, is notified that he has been recorded by the Secretary of State as a refugee, these Regulations shall have effect with respect to his entitlement to housing benefit for the relevant period which applies in his case in accordance with Schedule A1, but that entitlement is— (a) subject to the provisions of Schedule A1; and (b) with respect to regulations 13 and 14, subject to paragraph 4(7) of Schedule 3 to the Consequential Provisions Regulations. (2) Any housing benefit which is payable in consequence of this regulation shall be in the form of a rent allowance. (3) In this regulation and in Schedule A1, “refugee” means a person recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees[^f00079].

• (2) Before Schedule 1 to both the Housing Benefit Regulations and, subject to sub-paragraph (3), the Housing Benefit (State Pension Credit) Regulations insert—

SCHEDULEA1 (1) (1) Where a person (in this Schedule called “the claimant”), who has made a claim for asylum— (a) is subsequently notified by the Secretary of State that he has been recorded as a refugee; and (b) claims housing benefit— (i) within the period specified in paragraph 2(3), and (ii) in respect of one or more periods from the date of his claim for asylum to the date he is so notified, his claim for housing benefit shall be treated as having been made on the date specified in sub-paragraph (2). (2) A claim for housing benefit to which sub-paragraph (1) refers shall be treated as made on the date on which his claim for asylum was recorded by the Secretary of State as having been made. (3) In this Schedule “the relevant period” means the period or any part of the period, from the date on which the claim for benefit is treated as made in accordance with sub-paragraph (2), to the date the claimant concerned is notified by the Secretary of State that he has been recorded as a refugee, for which housing benefit is claimed in accordance with this paragraph. (2) (1) A claim for housing benefit made by a refugee on or after 3rd April 2000 for the relevant period may be made to the relevant authority for the dwelling which the claimant occupied as his home and in respect of which he was liable to make payments. (2) Where the claimant has occupied more than one dwelling as his home in the relevant period, only one claim for housing benefit shall be made in respect of that period and such a claim shall be made to the relevant authority for the dwelling occupied by the refugee and in respect of which he was liable to make payments when, after he is notified that he has been recorded by the Secretary of State as a refugee, he makes a claim for housing benefit. (3) A claim for housing benefit to which this paragraph refers, shall be made within 28 days of a claimant receiving notification from the Secretary of State that he has been recorded as a refugee. (4) Regulation 81(12) shall not have effect with respect to claims to which this Schedule applies. (3) (1) Subject to sub-paragraph (2), for the purpose of determining a claimant’s eligible rent— (a) regulations 13 and 14 have effect as they were in operation on 1st April 1996; and (b) regulation 15 shall not have effect. (2) In determining a claimant’s eligible rent or rates for the relevant period, the relevant authority may have regard to information in their possession or which they may obtain, as to the level of rent or rates which had effect in that period in respect of any dwelling which the claimant occupied as his home and in respect of which his claim for housing benefit is made. (4) With respect to a claim for housing benefit under this Schedule, the applicable amounts for the purposes of Part V shall be the aggregate of any personal allowance and premium which would have been applicable in the claimant’s case in the relevant period at the rates for each tax year to which the claim relates set by an order made under section 132 of the Administration Act. (5) (1) A claimant who makes a claim for housing benefit for the relevant period shall furnish such certificates, documents, information and evidence in connection with the claim, or evidence needed for the determination of the claim or any questions arising in connection with the claim, as may be reasonably required by the relevant authority in order to determine that person’s entitlement to that benefit and which are in his possession or which he may reasonably be expected to obtain. (2) The relevant authority may require information to be provided by— (a) the landlord of any dwelling in respect of which a claim for housing benefit arises under this Schedule; (b) any other person to whom the rent or rates for the dwelling was paid; and (c) any person who made payments of rent or rates to a landlord on behalf of a claimant in the relevant period, in particular as to the amount of any such rent or rates and any service charges which were included in the rent. (3) Where the claimant is unable to furnish the necessary evidence to substantiate his claim the relevant authority shall determine the claim on the basis of the evidence that is produced, including any statements made by the claimant himself, any information provided by a landlord under sub-paragraph (2) or by any other person. (6) With respect to claims for housing benefit to which paragraph 1 applies, for paragraph (1) of regulation 84 substitute— (1) Upon claiming housing benefit in accordance with Schedule A1 a claimant, or any person by whom or on whose behalf sums payable by way of housing benefit are receivable, shall provide the relevant authority with information concerning any change of circumstances which occurred during the period to which the claim relates which the claimant or that other person might reasonably expect to affect the claimant’s right to and the amount of benefit. (7) The appropriate maximum housing benefit to which a claimant is entitled under regulation 10A and this Schedule shall be calculated on a weekly basis in accordance with Part VIII as it had effect for the relevant period. (8) (1) Subject to sub-paragraph (4), where it is determined that the claimant is entitled to housing benefit in accordance with regulation 10A and this Schedule, payment of the amount due shall be made within 14 days of the date of that determination. (2) Regulation 90 shall not have effect with respect to any payment to which a claimant is entitled under regulation 10A. (3) Regulations 92 and 93 shall not have effect with respect to a payment to which this Schedule applies but where— (a) a landlord shows that, for the whole or any part of the relevant period for which housing benefit in the form of a rent allowance or rate rebate has been awarded, no payment of rent or rates has been made; (b) information is provided to show the rent or rates that remains due; (c) the claimant has been notified that a payment to the landlord or the Department of Finance and Personnel may be made; and (d) the relevant authority, having taken account of any representations made by the claimant with respect to such a payment being made, consider that it is reasonable that the benefit or part of the benefit due should be paid to the landlord or the Department of Finance and Personnel, any benefit to which the claimant is entitled under regulation 10A and this Schedule up to the amount of the eligible rent or rates that is due, may be paid direct to the landlord concerned or the Department of Finance and Personnel in respect of that rent or rates. (4) Where a claimant was the tenant of the Executive for the whole or part of the relevant period, to the extent that any eligible rent or rates remains due to the Executive in respect of the whole or part of that period, any housing benefit to which the claimant is entitled under regulation 10A and this Schedule shall be reduced by the amount of the eligible rent or rates remaining due to the Executive and any balance of benefit remaining due in respect of that period shall be paid to the claimant. (9) Any housing benefit which has otherwise been paid to the claimant or any partner of his, in respect of any part of the relevant period, shall be offset against any award due to the claimant by virtue of regulation 10A and this Schedule, except to the extent that the benefit paid or allowed to that partner was due in respect of a period for which he was not a partner of the claimant. (10) Parts I to III, V and VI of Schedule 10 shall apply with respect to claims made in accordance with regulation 10A.

• (3) In its application to the Housing Benefit (State Pension Credit) Regulations, Schedule A1 shall have effect as if—

• (a) in paragraph 2(4) for the reference to “Regulation 81(12)” there were substituted a reference to “Regulation 62(13)”;

• (b) in paragraph 6 for the reference to “regulation 84” there were substituted a reference to “regulation 65”;

• (c) in paragraph 7 for the reference to “Part VIII” there were substituted a reference to “Part VII”;

• (d) in paragraph 8(2) for the reference to “Regulation 90” there were substituted a reference to “Regulation 71”;

• (e) in paragraph 8(3) for the reference to “Regulations 92 and 93 ” there were substituted a reference to “Regulations 73 and 74”;

• (f) in paragraph 10 for the reference to “Schedule 10” there were substituted a reference to “Schedule 9”.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Persons from abroad

3

• (1) Sub-paragraphs (2) to (5) apply where, in relation to a claim for income support, a social fund payment or housing benefit, as the case may be, a person has submitted a claim for asylum on or before 2nd April 2000 and is notified that he has been recorded by the Secretary of State as a refugee within the definition in Article 1 of the Convention relating to the Status of Refugees done at Geneva on 28th July 1951 as extended by Article 1(2) of the Protocol relating to the Status of Refugees done at New York on 31st January 1967.

• (2) Where this paragraph applies, the Housing Benefit Regulations and, subject to paragraph (3), the Housing Benefit (State Pension Credit) Regulations shall have effect as if—

• (a) in Schedule A1 to those Regulations—

• (i) in paragraph 1(1) from “his claim for housing benefit” to the end there were substituted “his claim for housing benefit shall be treated as having been made on whichever of the dates specified in sub-paragraph (2) applies in his case”;

• (ii) for paragraph 1(2) there were substituted—

(2) A claim for housing benefit to which sub-paragraph (1) refers shall be treated as made— (a) in the case of a claimant who made a claim for asylum upon arrival in the United Kingdom, on the date on which his claim for asylum was first refused by the Secretary of State or 5th February 1996 if that is later; or (b) in the case of a claimant whose claim for asylum was made other than on arrival in the United Kingdom, on the date of that claim for asylum or 5th February 1996 if that is later.

• (iii) for paragraph 2 there were substituted—

(2) (1) A claim for housing benefit for the relevant period may be made to the relevant authority for the dwelling which the claimant occupied as his home and in respect of which he was liable to make payments. (2) Where the claimant occupied more than one dwelling as his home in the appropriate period, only one claim for housing benefit shall be made to the appropriate authority in respect of that period. (3) A claim for housing benefit, to which this paragraph refers, shall be made— (a) in the case of a claimant who was notified by the Secretary of State in the period from 24th July 1996 to 15th October 1996 that he had been recorded as a refugee, within 28 days of the later date; (b) in any other case, within 28 days of a claimant being notified by the Secretary of State that he has been recorded as a refugee. (4) Regulation 81(12) shall not have effect with respect to claims to which this Schedule applies.

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In Schedule A1 to the Housing Benefit (State Pension Credit) Regulations in paragraph 2(4), as substituted by sub-paragraph (2) of this paragraph, the reference to “Regulation 81(12)” is a reference to “Regulation 62(13)”.

Amendments having effect for limited period

4

• (1) In regulation 10(5) of both the Housing Benefit Regulations and the Housing Benefit (State Pension Credit) Regulations (persons from abroad)—

• (a) omit the word “or” after sub-paragraph (j); and

• (b) after sub-paragraph (j) insert—

(jj) a person in Northern Ireland who left Lebanon on or after 12th July 2006 because of the armed conflict there; or

• (2) This paragraph shall cease to have effect on 30th January 2007 and the consolidating Regulations shall have effect after that date as if the amendments made by this paragraph had not been made.

Signed

SealedwiththeOfficialSealoftheDepartmentforSocialDevelopmenton12thOctober2006

John O’Neill — AseniorofficeroftheDepartmentforSocialDevelopment

TheDepartmentofFinanceandPersonnelherebyconsentstotheforegoingRegulations.

SealedwiththeOfficialSealoftheDepartmentofFinanceandPersonnelon12thOctober2006

Fiona Hamill — AseniorofficeroftheDepartmentofFinanceandPersonnel

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations make provision consequential on the coming into operation of the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 (“the consolidating Regulations”). Those Regulations replace the Housing Benefit (General) Regulations (Northern Ireland) 1987 and the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003, which are revoked in accordance with regulation 3.

Regulation 2 provides for the continuity of the law following the coming into operation of the consolidating Regulations.

Regulation 3 and Schedule 1 provide for the revocation of all Regulations included in the consolidating Regulations together with those regulations relating to housing benefit which are spent or are continued in operation in these Regulations.

Regulation 4 provides that documents made, served or issued after the coming into operation of the consolidating Regulations but which contain references to regulations revoked by these Regulations are to be construed as referring to the corresponding provision of the consolidating Regulations.

Regulation 5 and Schedule 2 contain amendments to other Regulations and Orders which are consequential on the coming into operation of the consolidating Regulations.

Regulation 6 and Schedule 3 contain savings and transitional provisions which are carried forward from Regulations revoked by these Regulations.

Regulation 7 and Schedule 4 contain transitory provisions which apply for a limited period.

The consolidating Regulations are to be read, where appropriate, with these Regulations. These Regulations are made for the purpose only of consolidating other regulations revoked by them and accordingly, by virtue of section 149(3) of, and paragraph 9 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) for prior reference to the Social Security Advisory Committee.

Footnotes

[^f00001]: 1992 c. 7; section 129(2) was amended, and section 129(2A) was inserted, by Article 8(2) of the Housing Support Services (Northern Ireland) Order 2002 (S.I. 2002/3154 (N.I. 8)); section 132A was inserted by paragraph 3 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14); section 133(2) was amended by paragraph 18(3) of Schedule 2 to the Jobseekers (Northern Ireland) Order 1995 (S.I. 1995/2705 (N.I. 15)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21)

[^f00002]: 1992 c. 8; section 1(1C) was inserted by Article 18 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 (S.I. 1997/1182 (N.I. 11)); in section 5 subsection (1) was amended by Article 3(1) of the Social Security (Amendment) (Northern Ireland) Order 1993 (S.I. 1993/1579 (N.I. 8)), Article 70 of, and Schedule 7 to, the Social Security (Northern Ireland) Order 1998 (S.I. 1998/1506 (N.I. 10)) and paragraph 21 of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 (c. 4 (N.I.)) and subsection (5) was inserted by Article 3(1) of the Housing Benefit (Payment to Third Parties) (Northern Ireland) Order 1996 (S.I. 1996/2597 (N.I. 20)); section 73 was amended by Article 15 of, and paragraph 2 of Schedule 1 and Schedule 2 to, the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and section 62 of the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; section 107 was substituted by Article 56 of the Social Security (Northern Ireland) Order 1998 and amended by paragraph 5 of Schedule 4 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671) and paragraph 7 of Schedule 6 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; section 119A was inserted by Article 10 of the Social Security Administration (Fraud) (Northern Ireland) Order 1997 and in section 165 subsection (1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 and subsection (6) was amended by Schedule 7 to the Social Security (Northern Ireland) Order 1998

[^f00003]: S.I. 1998/1506 (N.I. 10); Article 34 was amended by Schedule 9 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000 and paragraph 30 of Schedule 2 to the State Pension Credit Act (Northern Ireland) 2002 (c. 14 (N.I.)) and Article 74(1) was amended by paragraph 17(2) of Schedule 4 to the Tax Credits Act 2002

[^f00004]: See Article 8(b) of S.R. 1999 No. 481

[^f00005]: 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; see also Article 6(b) of S.R. 1999 No. 481

[^f00006]: S.R. 1987 No. 461

[^f00007]: S.R. 2006 No. 405

[^f00008]: S.R. 2006 No. 406

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

[^f00010]: S.R. 1987 No. 459; relevant amending Regulations are S.R. 1990 No. 346, S.R. 1995 No. 301, S.R. 1996 No. 449, S.R. 1997 No. 22 and S.R. 2005 No. 98

[^f00011]: The definition of “housing benefit expenditure” was substituted by regulation 4(1) of S.R. 1997 No. 22

[^f00012]: Regulation 51A was inserted by regulation 4 of S.R. 1990 No. 346

[^f00013]: Schedule 3 was substituted by regulation 2 of S.R. 1995 No. 301

[^f00017]: S.R. 1987 No. 465; relevant amending Rules are S.R. 1988 No. 67, S.R. 1991 No. 488, S.R. 1999 No. 472 (C. 36), S.R. 2003 No. 191 and S.R. 2005 No. 46

[^f00018]: The definition of “guarantee credit was inserted by regulation 3(a)(iii) of S.R. 2003 No. 191

[^f00020]: Schedule 8A was inserted by regulation 2(3) of S.R. 1988 No. 67

[^f00021]: Paragraph 4A was inserted by regulation 6(7)(d) of S.R. 1991 No. 488 and amended by Article 9(2) of S.R. 1999 No. 472 (C. 36)

[^f00027]: S.R. 1996 No. 198; relevant amending Regulations are S.R. 1997 No. 22

[^f00028]: The definition of “housing benefit expenditure” was substituted by regulation 4(2) of S.R. 1997 No. 22

[^f00029]: S.R. 1996 No. 520, to which there are amendments not relevant to these Regulations

[^f00030]: S.R. 1998 No. 127

[^f00031]: S.R. 1999 No. 278

[^f00032]: S.R. 2001 No. 110

[^f00033]: S.R. 2001 No. 423

[^f00034]: S.R. 2001 No. 213; relevant amending Regulations are S.R. 2003 Nos. 197 and 312 and S.R. 2004 Nos. 144 and 516

[^f00040]: Paragraph 5 was added by regulation 3 of S.R. 2003 No. 312

[^f00041]: S.R. 2001 No. 216; relevant amending Regulations are S.R. 2003 No. 154

[^f00042]: Regulation 4 was substituted by regulation 5 of S.R. 2003 No. 154

[^f00044]: S.R. 2002 No. 79, to which there are amendments not relevant to these Regulations

[^f00045]: S.R. 2003 No. 28; relevant amending Regulations are S.R. 2003 Nos. 191 and 421 and S.R. 2006 No. 359

[^f00046]: The definition of “a guaranteed income payment” was inserted by regulation 2(2)(d) of S.R. 2005 No. 98

[^f00049]: Paragraph 20A was substituted by regulation 2(11)(f) of S.R. 2003 No. 421

[^f00050]: S.R. 2004 No. 8, to which there are amendments not relevant to these Regulations

[^f00051]: S.I. 1995/3213 (N.I. 22)

[^f00052]: 2002 c. 14

[^f00053]: S.R. 2005 No. 580

[^f00054]: S.R. 1976 No. 175; relevant amending Regulations are S.R. 1982 No. 153 and S.R. 1987 No. 117

[^f00055]: See, for regulation 10A and Schedule A1, paragraph 2(1) to (3) of Schedule 4 to these Regulations

[^f00056]: S.R. 1995 No. 41; regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(6) of S.R. 2000 No. 4

[^f00057]: S.I. 1978/1050 (N.I. 20)

[^f00058]: S.R. 1996 No. 11

[^f00059]: Cmd. 9512

[^f00060]: Cmd. 2643

[^f00061]: The definition of “illegal entrant” was substituted by paragraph 4(1) of Schedule 2 to the Asylum and Immigration Act 1996 (c. 49)

[^f00062]: O.J. No. L257, 19.10.68, p.2 (OJ/SE 1968 (II) p.475)

[^f00063]: O.J. No. L142, 30.6.70, p.24 (OJ/SE 1970 (II) p.402)

[^f00064]: O.J. No. L257, 19.10.68, p.13 (OJ/SE 1968 (II) p.485)

[^f00065]: O.J. No. L172, 28.6.73, p.14

[^f00066]: Cmd. 9171

[^f00067]: Cmd. 3906

[^f00068]: Section 33(4) was substituted by paragraph 55 of Schedule 14 to the Immigration and Asylum Act 1999 (c. 33)

[^f00069]: 1971 c. 77

[^f00070]: S.I. 1995/2705 (N.I. 15)

[^f00071]: 1999 c. 33

[^f00072]: S.R. 2000 No. 71

[^f00073]: S.R. 1996 No. 181

[^f00074]: Seeregulation 14 as substituted by paragraph 5(2) of Schedule 3 to these Regulations

[^f00075]: S.R. 1995 No. 41; regulation 13A was inserted by regulation 4(2) of S.R. 1998 No. 324 and amended by regulation 2(6) of S.R. 2000 No. 4

[^f00076]: S.R. 1993 No. 149

[^f00077]: S.I. 1992/3204 (N.I. 20); Part II was amended by the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)) and the Health and Personal Social Services Act (Northern Ireland) 2001 (c. 3 (N.I.))

[^f00078]: 2004 c. 19

[^f00079]: Cmd. 9171

Editorial notes

[^key-e1d187963574894a7e7c4d72ff4d9c9d]: Words in Sch. 1 substituted (19.11.2006) by The Housing Benefit (Consequential Provisions) (Amendment) Regulations (Northern Ireland) 2006 (S.R. 2006/449), regs. 1(1), 2

[^key-d1df3acb4f059c0e7d952c5059f8db5d]: Sch. 3 para. 4 in operation at 20.11.2006, see reg. 1(1)

[^key-8890ec63c2dd1428910215e6ca1a320d]: Sch. 4 para. 2 in operation at 20.11.2006, see reg. 1(1)

[^key-87ace9cd2925ed08ee0bbfd6f649be13]: Sch. 4 para. 3 in operation at 20.11.2006, see reg. 1(1)

[^key-fcb95f2913ba8411ffdaf5971715f937]: Sch. 2 para. 1 in operation at 20.11.2006, see reg. 1(1)

[^key-855d24c86de074b546d8406b84a73a1e]: Sch. 3 para. 5 in operation at 20.11.2006, see reg. 1(1)

[^key-e43f880b8d6371c2be028f34c36b445b]: Sch. 3 para. 8 in operation at 20.11.2006, see reg. 1(1)

[^key-8424cdd87fd8ee028f6a8c0d8242e601]: Sch. 2 para. 7 in operation at 20.11.2006, see reg. 1(1)

[^key-ef138209d7793b1131d00aea1ab3a8e6]: Sch. 2 para. 12 in operation at 20.11.2006, see reg. 1(1)

[^key-b348fd2c1351472f096810aa73e70367]: Sch. 2 para. 6 in operation at 20.11.2006, see reg. 1(1)

[^key-fc343b35cfe7a42edc6cc81f488cfda4]: Sch. 2 para. 8 in operation at 20.11.2006, see reg. 1(1)

[^key-a7fb22dceafaf09b05fdd4b74c06c0c2]: Reg. 2 in operation at 20.11.2006, see reg. 1(1)

[^key-aa82da222d0568e75cedc3a67f4f58a7]: Reg. 1 in operation at 20.11.2006, see reg. 1(1)

[^key-0104dcf5b6cbc1890ca294df9dd72b3a]: Sch. 2 para. 4 in operation at 20.11.2006, see reg. 1(1)

[^key-5f1f54cb54f4be5c2ae39c5827eb6894]: Sch. 1 in operation at 20.11.2006, see reg. 1(1)

[^key-dbf6e647b9baf41c6ca29c5876c5659e]: Reg. 6 in operation at 20.11.2006, see reg. 1(1)

[^key-62d83a190750510a1e08bd88cd75bbb2]: Sch. 2 para. 11 in operation at 20.11.2006, see reg. 1(1)

[^key-2b7321b262bcc9efdfe4ec4632890a88]: Sch. 2 para. 2 in operation at 20.11.2006, see reg. 1(1)

[^key-d769cf13dddc43a7eb44951ca4497a88]: Sch. 2 para. 5 in operation at 20.11.2006, see reg. 1(1)

[^key-7899c4c53aeeed6a01b11e98519d3661]: Sch. 2 para. 10 in operation at 20.11.2006, see reg. 1(1)

[^key-9fe48c25accf4247a427ae0e4f2139ce]: Reg. 3 in operation at 20.11.2006, see reg. 1(1)

[^key-e1f1a24fb9835ebc3fc9fc89339003db]: Reg. 4 in operation at 20.11.2006, see reg. 1(1)

[^key-dea6181f677786c910ec6ca4665f94df]: Reg. 5 in operation at 20.11.2006, see reg. 1(1)

[^key-3f2de91eb7fc9496aeb59dccd7cfbb7d]: Reg. 7 in operation at 20.11.2006, see reg. 1(1)

[^key-f221736273afdc1756fe00a58407f286]: Sch. 3 para. 1 in operation at 20.11.2006, see reg. 1(1)

[^key-05e03c2273d3e6ebfc48034a52b192d9]: Sch. 3 para. 2 in operation at 20.11.2006, see reg. 1(1)

[^key-5d28260946645f6e07c0a7881a0e01f5]: Sch. 3 para. 3 in operation at 20.11.2006, see reg. 1(1)

[^key-4072c3c8f6292cbc638ff7216d4b8d6e]: Sch. 3 para. 6 in operation at 20.11.2006, see reg. 1(1)

[^key-6fb6583a79dad1c2c2e273f4b34b4ab7]: Sch. 3 para. 7 in operation at 20.11.2006, see reg. 1(1)

[^key-62fa1ce30121b3c014e0c9cf7b2314ed]: Sch. 3 para. 9 in operation at 20.11.2006, see reg. 1(1)

[^key-ccc779bef6f3171ae027fef18ad9edf2]: Sch. 4 para. 1 in operation at 20.11.2006, see reg. 1(1)

[^key-fbaf0d66718af24ad8ccad16ec968ac9]: Sch. 4 para. 4 in operation at 20.11.2006, see reg. 1(1)

[^key-a28b9b2c22c9885fb3755130c097e049]: Reg. 13(3)(ab), Sch. 3 para. 5(1) inserted (2.4.2007) by The Social Security and Child Support (Miscellaneous Amendments) Regulations (Northern Ireland) 2007 (S.R. 2007/196), regs. 1(1), 9(a)