The Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007

Made: 23rd March 2007

Coming into operation: 1st April 2007

The Department of Finance and Personnel[^f00001] makes the following Regulations in exercise of the powers conferred by Article 30A of the Rates (Northern Ireland) Order 1977[^f00002].

PART 1 — General

Citation and commencement

1

• (1) These Regulations may be cited as the Rate Relief (Qualifying Age) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

• (2) These Regulations are to be read, in a case where a person if he, or if he has a partner, his partner, has attained the qualifying age for state pension credit, with the Rate Relief (General) Regulations (Northern Ireland) 2007[^f00003].

Interpretation

2

• (1) Regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations (interpretation) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (za) as if the reference to “amended determination” were omitted;

• (a) as if for the definition of “appropriate office” there were substituted—

• “appropriate office” means the office of a relevant authority which that authority deems appropriate for dealing with a claim from a particular area;

• (b) as if in the definition of “assessment period”—

• (i) in paragraph (a) after “regulation 35”;

• (ii) in paragraph (b) after “regulation 31”,

there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (c) as if the definition of “benefit week” were omitted;

• (ca) as if the reference to “broad rental market area” were omitted;

• (cb) as if the reference to “broad rental market area determination” were omitted;

• (cc) as if the reference to “change of dwelling” were omitted;

• (d) as if for the definition of “claim” there were substituted—

• “claim” means, unless the context otherwise requires, a claim for rate relief;

• (e) as if in the definition of “claimant” for “housing benefit” there were substituted “rate relief”;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) as if in the definition of “date of claim” after “regulation 62” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (h) as if in the definition of “designated office” after “housing benefit”, in both places where it occurs, there were inserted “or rate relief”;

• (i) as if for the definition of “earnings” there were substituted—

• “earnings” has the meaning prescribed in regulation 33 or, as the case may be, 36 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19;

• (j) as if for the definition of “eligible rates” there were substituted—

• “eligible rates” is to be construed in accordance with regulation 12 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 14;

• (k) as if the definition of “eligible rent” were omitted;

• (kza) as if the definition of “equity-sharing lease” was omitted;

• (ka) as if the reference to “the Executive Determinations Regulations” were omitted;

• (l) as if for the definition of “extended payment” there were substituted—

• “extended payment (qualifying contributory benefits)” means a payment of rate relief payable pursuant to regulation 51 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 21 or regulation 71 of the Housing Benefit Regulations (extended payments (qualifying contributory benefits)) as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 22 of those Regulations;

• (la) as if for the definition of “extended payment period” there were substituted—

• “extended payment period” means the period for which an extended payment is payable in accordance with regulation 51A of Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 21 or regulation 70A (duration of extended payment period) or 71A (duration of extended payment period (qualifying contributory benefits)) of the Housing Benefit Regulations as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 22 of those Regulations;

• (m) as if in the definition of “family” after “the Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 15”;

• (ma) as if the reference to “linked person” were omitted;

• (mb) as if the reference to “local housing allowance” were omitted;

• (n) as if the definition of “maximum rent” were omitted;

• (na) as if the reference to “maximum rent (LHA)” were omitted;

• (o) as if for the definition of “net earnings” there were substituted—

• “net earnings” means such earnings as are calculated in accordance with regulation 34 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19;

• (p) as if in the definition of “net profit” after “regulation 37” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (q) as if for the definition of “non-dependant” there were substituted—

• “non-dependant” has the meaning prescribed in regulation 3 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 3;

• (r) as if in the definition of “non-dependant deduction” after “regulation 53” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (s) as if in the definition of “person affected” after “Appeals Regulations” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

• (sa) as if the reference to “reckonable rent” were omitted;

• (sb) as if the reference to “registered housing association” were omitted;

• (t) as if in the definition of “relevant authority” for “housing benefit” there were substituted “rate relief”;

• (ta) as if the reference to “relevant information” were omitted;

• (u) as if for the definition of “remunerative work” there were substituted—

• “remunerative work” has the meaning prescribed in regulation 6 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 3;

• (v) as if in the definition of “rent” after “regulation 13(1)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations;”;

• (w) as if for the definition of “young person” there were substituted—

• “young person” has the meaning prescribed in regulation 17(1) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 16;

• (2) In these Regulations—

• “the 1998 Order” means the Social Security (Northern Ireland) Order 1998[^f00004];

• “the 2000 Act” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000[^f00005];

• “the Decisions and Appeals Regulations 1999” means the Social Security and Child Support (Decisions and Appeals) Regulations (Northern Ireland) 1999[^f00006];

• “hereditament” means property which is, or may become, liable to a rate, being a unit of such property which is, or would fall to be, shown as a separate item in a capital value list;

• “housing benefit” means housing benefit provided by virtue of a scheme under section 122 of the Act but, unless the context otherwise requires, only in so far as it relates to housing benefit which is payable in the form of a rate rebate;

• “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006[^f00007];

• “the Housing Benefit (State Pension Credit) Regulations” means the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006[^f00008];

• “the principal Order” means the Rates (Northern Ireland) Order 1977;

• “rate relief” means relief from rates, which are payable in respect of a hereditament which a person occupies as his home, as calculated under regulation 22 (calculation of weekly amount of rate relief);

• “rate relief week” means a period of 7 consecutive days commencing upon a Monday and ending on a Sunday.

• (3) References in these Regulations to a person to whom the Housing Benefit (State Pension Credit) Regulations apply, shall, unless the context otherwise requires, include a reference to a person to whom those Regulations would apply were a claim for housing benefit to be made by that person.

• (4) Regulation 2(2) to (8) of the Housing Benefit (State Pension Credit) Regulations (references to a person who is liable to make payments, interpretation) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if in paragraph (2)—

• (i) after “is liable to make payments” there were inserted “in respect of a hereditament”;

• (ii) after “regulation 8” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (b) as if in paragraph (4)—

• (i) for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (ii) in sub-paragraph (a)(i) the words from “and, in the case of” to “use the land,” were omitted.

Modification of regulations 3 to 6

3

Regulations 3 to 6 of the Housing Benefit (State Pension Credit) Regulations shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if in regulation 3—

• (i) for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (ii) in paragraph (2)(c) after “regulation 19” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 16”;

• (iii) in paragraph (3) after “regulation 9(1)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (iv) in paragraph (4)—

• (aa) after “regulation 9” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (bb) the definition of “communal area” in Schedule 1 to the Housing Benefit (State Pension Credit) Regulations were applied for the purposes of the application of regulation 3 of the Housing Benefit (State Pension Credit) Regulations to these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations;

• (b) as if regulation 4 were omitted;

• (c) as if in regulation 6(6) for “benefit week” there were substituted “rate relief week”.

Arrangements for rate relief

Rate relief scheme

4

• (1) The relevant authorities shall take such steps as appear to them appropriate for the purpose of securing that persons who may be entitled to rate relief become aware that they may be entitled to it.

• (2) The relevant authorities shall make copies of the rate relief scheme available, without payment, for public inspection at their offices at all reasonable hours.

Arrangements for rate relief

5

• (1) Rate relief shall be granted in accordance with paragraph (2).

• (2) The relevant authority, as it considers appropriate in the circumstances, may discharge entitlement to rate relief by means of any, or any combination, of the following—

• (a) a payment or payments by the relevant authority to the claimant;

• (b) a reduction in the amount of any payment which that person is liable to make by way of rates;

• (c) a payment direct to the landlord where in accordance with regulations made under the Administration Act an amount of housing benefit payable to the claimant or his partner is being paid direct to the landlord; or

• (d) a transfer of funds between the Executive and the Department,

and “pay”, in relation to rate relief, includes discharge in any of those forms.

6

• (1) Rate relief shall be administered by—

• (a) the Department insofar as it relates to persons who own the hereditaments which they occupy as their home;

• (b) the Executive insofar as it relates to persons who are tenants of the Executive, private tenants or tenants of registered housing associations.

• (2) In this regulation—

• “private tenants” means tenants under any tenancy except—a tenancy under which the estate of the landlord belongs to the Executive or a registered housing association;a tenancy the purpose of which is to confer on the tenant the right to occupy a hereditament for a holiday;

• “registered housing association” means a housing association registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992[^f00009].

PART 2 — Provisions affecting entitlement to rate relief

Entitlement to rate relief

7

A person is entitled to rate relief if—

• (a) he is liable to make payments in respect of a hereditament which he occupies as his home;

• (b) there is an appropriate maximum rate relief in his case; and

• (c) either—

• (i) he is, or if a claim for housing benefit were made would be, entitled to less than 100% housing benefit; or

• (ii) he is not, or if such a claim were made would not be, entitled to any housing benefit because his income exceeds the amount calculated in accordance with Part 5 (applicable amounts).

8

Where a person is entitled to rate relief, then—

• (a) if he has no income or his income does not exceed the applicable amount calculated in accordance with Part 5 (applicable amounts), the amount of rate relief shall be the amount which is the appropriate maximum rate relief in his case; or

• (b) if his income exceeds the applicable amount calculated in accordance with Part 5, the amount of rate relief shall be the amount calculated under regulation 22 (calculation of weekly amount of rate relief).

Exclusions from rate relief

Exclusions from rate relief

9

Where one member of a family is entitled to rate relief that entitlement excludes any other member being entitled to that relief for the same period.

10

A person shall not be entitled to rate relief where he is a person who is not chargeable to rates in respect of a hereditament.

Modification of Part II and Schedule A1

11

• (1) Part II of the Housing Benefit (State Pension Credit) Regulations (provisions affecting entitlement to housing benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “benefit weeks”, wherever it occurs, there were substituted “rate relief weeks”;

• (c) as if—

• (i) for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (ii) in regulation 7(6) for “dwellings”, wherever it occurs, there were substituted “hereditaments”;

• (d) as if in regulation 7—

• (i) in paragraphs (3) and (4) “(including payments of mortgage interest or analogous payments)” were omitted;

• (ii) in paragraph (3) after “of a dwelling)” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;

• (iii) in paragraph (6)(b) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;

• (iv) in paragraph (9)—

• (aa) in sub-paragraph (a) after “regulation 62”;

• (bb) in sub-paragraph (b) after “Part IX”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (e) as if in regulation 8—

• (i) in paragraph (1)—

• (aa) after “regulation 9” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (bb) in sub-paragraph (e) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;

• (ii) in paragraph (2) after “to 60” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (f) as if in regulation 9—

• (i) paragraph (1)(h) were omitted;

• (ii) in paragraph (1)(l) for “Part VII of the Act” there were substituted “Article 30A of the principal Order”;

• (g) as if in regulation 10—

• (i) in paragraph (1) after “Schedule A1 (treatment of claims for housing benefit by refugees)” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (ii) in paragraph (6) after “2000” there were inserted “as applied for the purposes of these Regulations by regulation 13”;

• (h) as if in regulation 10A—

• (i) after “Schedule A1”, wherever it occurs, there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (ii) in paragraph (1)(a) for “; and” there were substituted “.”;

• (iii) paragraphs (1)(b) and (2) were omitted.

• (2) Schedule A1 to the Housing Benefit (State Pension Credit) Regulations shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (c) as if for “benefit”, wherever it occurs, there were substituted “rate relief”;

• (d) as if “rent or”, wherever it occurs, were omitted;

• (e) as if in paragraph 2(4) after “regulation 62(13)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (f) as if paragraph 3(1) were omitted;

• (g) as if in paragraph 4 after “Part V” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (h) as if in paragraph 6 after “regulation 65” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (i) as if in paragraph 7 after “Part VII” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (j) as if in paragraph 8—

• (i) in sub-paragraph (2) after “regulation 71”;

• (ii) in sub-paragraph (3) “and 74”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (k) as if in paragraph 10 after “Schedule 9” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 29”.

Modification of the Immigration and Asylum Act 1999

12

Section 115 of the Immigration and Asylum Act 1999[^f00010] (exclusion from benefits) shall apply for the purposes of these Regulations as it applies to the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for paragraph (1) there were substituted—

(1) A person shall not be entitled to rate relief while he is a person to whom this section applies.

• (b) as if paragraphs (2), (5), (7) and (8) were omitted;

• (c) as if for paragraph (6) there were substituted—

(6) In relation to rate relief “prescribed” means prescribed by regulations made by the Department of Finance and Personnel.

Modification of the Social Security (Immigration and Asylum) Consequential Amendments Regulations

13

Regulation 2 of and Part I of the Schedule to the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000[^f00011] shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if in regulation 2—

• (i) in paragraph (1) for “income-based jobseeker’s allowance, income support, a social fund payment or housing benefit under the Contributions and Benefits Act, as the case may be,” there were substituted “rate relief”;

• (ii) paragraphs (2), (3), (4)(b), (5) were omitted;

• (iii) in paragraph (4)(a) for “income support, a social fund payment or housing benefit under the Contributions and Benefits Act, as the case may be,” there were substituted “rate relief”;

• (iv) in paragraph (6)—

• (aa) for “housing benefit or a social fund payment under the Contributions and Benefits Act, as the case may be,” there were substituted “rate relief”;

• (bb) after “regulation 11(4)” there were inserted “of the Social Security (Immigration and Asylum) Consequential Amendments Regulations (Northern Ireland) 2000”;

• (b) as if in Part I of the Schedule for the title there were substituted “Persons not excluded from rate relief under section 115 of the Immigration and Asylum Act 1999”.

PART 3 — Payments in respect of a hereditament

Modification of Part III

14

Part III of the Housing Benefit (State Pension Credit) Regulations (payments in respect of a dwelling) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (b) as if for “housing benefit” and “that benefit”, wherever they occur, there were substituted “rate relief”;

• (c) as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

• (d) as if for regulation 11 (eligible housing costs) there were substituted—

(11) Rate relief shall be payable in respect of the payments specified in regulation 12(1) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 14 and a claimant’s maximum rate relief shall be calculated under Part VII of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21 by reference to the amount of his eligible rates determined in accordance with regulation 12(3) of the Housing Benefit Regulations as applied with modifications by regulation 14.

• (e) as if in regulation 12 (rates)—

• (i) in paragraph (1) “in the form of a rate rebate” were omitted;

• (ii) in paragraph (2) after “regulation 13(1)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations”;

• (iii) in paragraph (6) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 21 of those Regulations”;

• (f) as if regulations 13 to 16 and Schedules 1 to 3 were omitted.

PART 4 — Membership of a family

Modification of the Act

15

Sections 133(1) and 138 of the Act shall apply for the purposes of these Regulations they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if in section 133(1) the following definitions were omitted—

• (i) “dwelling”;

• (ii) “income-based jobseeker’s allowance”;

• (iii) “industrial injuries regulations”;

• (iv) “war pension scheme”;

• (b) as if in section 138 for “the Department” there were substituted “the Department of Finance and Personnel”.

Modification of Part IV

16

Part IV of the Housing Benefit (State Pension Credit) Regulations (membership of a family) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

• (b) as if in regulation 17(1) and (3)—

• (i) after “section 133(1) of the Act” and “section 138 of the Act” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 15”;

• (ii) “as it applies to housing benefit” were omitted;

• (c) as if in regulation 17(3) for “that Act” there were substituted “the Act”;

• (d) as if in regulation 18(1) after “regulation 17(3)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 16”;

• (e) as if in regulation 19(1) after “regulation 18” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 16”.

PART 5 — Applicable amounts

Modification of Part V and Schedule 4

17

• (1) Part V of the Housing Benefit (State Pension Credit) Regulations (applicable amounts) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications as if in regulation 20—

• (a) after “Schedule A1” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulations 11 and 23”;

• (b) after Schedule 4” and “that Schedule”, wherever they occur, there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”.

• (2) Schedule 4 to the Housing Benefit (State Pension Credit) Regulations (applicable amounts) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if after “this Part”, wherever it occurs, there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (b) as if in Part I in paragraphs 1 and 2 after “regulation 20” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (c) as if in Part I in paragraph 1[^f00012] in Column (2) (amount) for each amount (“Column 2 amount”) there were substituted an amount equivalent to the total of each Column 2 amount increased—

• (i) for a person to whom sub-paragraph (1) applies, by 10%;

• (ii) for a person to whom sub-paragraph (2), (4) or (5) applies, by 10%,

and in each case where the resultant figure is not a whole penny it shall be rounded to the nearest penny and 0.5 of a penny shall be rounded up;

• (d) as if—

• (i) in Part II in paragraph 3(1) after “and (d)”;

• (ii) in Part III in paragraph 4 after “regulation 20(1)(e)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (e) as if in Part IV in paragraph 12(4) for the amount specified in Column 2 there were substituted an amount equivalent to the amount increased by 20% and where the resultant figure is not a whole penny it shall be rounded to the nearest penny and 0.5 of a penny shall be rounded up.

PART 6 — Assessment of income and capital

Modification of the Act

18

Section 132(1) of the Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modification as if for “an income-related benefit” there were substituted “rate relief”.

Modification of Part VI and Schedules 5, 6 and 7

19

• (1) Part VI of the Housing Benefit (State Pension Credit) Regulations (income and capital) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if after “this Part” wherever it occurs there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (b) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (c) as if for “benefit week” and “benefit weeks”, wherever they occur except in regulation 46(4)(b) and (c), there were substituted “rate relief week” and “rate relief weeks” respectively;

• (d) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (e) as if in regulation 21(1) for “section 132(1) of the Act” there were substituted “regulation 18 of these Regulations”;

• (f) as if in regulation 25—

• (i) for “Department”, wherever it occurs, there were substituted “Department for Social Development”;

• (ii) in paragraph (4)—

• (aa) in sub-paragraph (b) after “regulation 28(1)(c)”;

• (bb) in sub-paragraph (f) after “regulation 22”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (iii) in paragraph (4)—

• (aa) in sub-paragraph (d) after “Schedule 5”;

• (bb) in sub-paragraph (g) after “Schedule 6”,

there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (iv) in paragraph (4)(e) after “regulation 19” regulation 16 there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 16”;

• (v) in—

• (aa) paragraph (5) after “to 47”;

• (bb) paragraph (6) after “regulation 41”;

• (cc) in paragraph (7) after “to 47”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (vi) in paragraphs (6), (8)(a) and (b), for “£16,000” there were substituted “£50,000”;

• (g) as if in regulation 26—

• (i) after “nor 25”;

• (ii) after “to 47”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (h) as if in regulation 27—

• (i) in—

• (aa) paragraph (1)(g) after “Schedule 7” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (bb) paragraph (2) after “regulation 42(2)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (ii) in paragraph (1) after sub-paragraph (h) there were inserted—

(ha) any payment of rate relief,

• (i) as if in regulation 28(1)—

• (i) after “regulations 32, 59 and 60” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulations 19 and 23”;

• (ii) for “section 129(1)(c) of the Act (conditions of entitlement to housing benefit)” there were substituted “regulation 7 of these Regulations (entitlement to rate relief)”;

• (iii) in—

• (aa) sub-paragraph (b) after “regulation 27(2)”;

• (bb) sub-paragraph (c) after “regulation 29”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (j) as if in regulation 29—

• (i) in paragraph (7)(b) after “regulation 18” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 16”;

• (ii) in paragraph (11)—

• (aa) in sub-paragraph (b)(i) after “Housing Benefit Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 17 of those Regulations”;

• (bb) in sub-paragraph (e) after “regulation 20(2)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (k) as if in regulation 31—

• (i) in—

• (aa) paragraph (8) after “Schedule 5”;

• (bb) in paragraph (9) after “Schedule 6”;

• (cc) in paragraph (10) after “Schedule 7”,

there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (ii) in paragraph (10) after “regulation 27(2)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (l) as if in regulation 34—

• (i) in—

• (aa) paragraph (1) after “regulation 28” and “regulation 31(5)”;

• (bb) paragraph (2) after “regulation 31(5)”;

• (cc) paragraph (5) after “regulation 31(2)(b)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (ii) in paragraph (1) after “Schedule 5” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (m) as if—

• (i) in regulation 37—

• (aa) in paragraph (1) after “regulation 28”;

• (bb) in paragraphs (1)(b)(i), (2)(b) and (8)(a) after “regulation 38”;

• (ii) in regulation 38—

• (aa) in paragraph (1) after “or (8)(a)(i)”;

• (bb) in paragraph (2) after “or (8)(a)(ii)”;

• (cc) in paragraph (3)(a) after “regulation 37”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (n) as if in regulation 39—

• (i) in paragraph (8) for “that benefit” there were substituted “rate relief”;

• (ii) in paragraph (11) —

• (aa) “(other than housing benefit)” were omitted;

• (bb) in sub-paragraph (a) “rent or, as the case may be,” were omitted and for “regulation 59(2)(b) or (c) or, as the case maybe, (3)(b) or (c)” there were substituted “regulation 59(3)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (iii) in paragraph (12) after “regulation 25(1)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (o) as if for regulation 41 there were substituted—

(41) (1) A person shall not be entitled to rate relief if his capital exceeds the prescribed amount. (2) For the purposes of paragraph (1) the prescribed amount is £50,000.

• (p) as if in regulation 42—

• (i) in paragraph (1) for “Part VII of the Act (income related benefits) as it applies to housing benefit” there were substituted “these Regulations”;

• (ii) in paragraph (2) after “Schedule 7” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (q) as if in regulation 45—

• (i) in paragraph (1) for “that benefit” there were substituted “rate relief”;

• (ii) in—

• (aa) paragraph (1) after “regulation 46”;

• (bb) paragraph (3) after “regulation 42”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (r) as if in regulation 46—

• (i) in paragraphs (1), (2)(b), (4), (6)(a)(i) and (b) and (8) after “regulation 45(1)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (ii) in paragraph (3) after sub-paragraph (d) for “.” there were substituted “; and” and—

(e) where the claimant has also claimed housing benefit, the amount of housing benefit to which he would have been entitled in respect of the rate relief week to which paragraph (2) refers but for the application of regulation 45(1) of the Housing Benefit (State Pension Credit) Regulations (notional capital) as applied with modifications for the purposes of these Regulations by regulation 19.

• (iii) in paragraph (4)—

• (aa) in sub-paragraph (a) after “regulation 59(4)(a)” there were inserted “of the Housing Benefit Regulations applied with modifications for the purposes of these Regulations by regulation 23”;

• (bb) after sub-paragraph (d) for “.” there were substituted “; and” and—

(e) if the claimant would, but for regulation 45(1) of the Housing Benefit (State Pension Credit) Regulations, have been entitled to housing benefit in respect of the benefit week, within the meaning of regulation 2(1) of those Regulations (interpretation), which includes the last day of the relevant week, the amount to which he would have been entitled and, for the purposes of this sub-paragraph, if the amount is in respect of a part-week, that amount shall be determined by dividing the amount of the Housing Benefit to which he would have been entitled by the number equal to the number of days in the part-week and multiplying the quotient so obtained by 7.

• (s) as if in regulation 47(1) after “regulation 45(3)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”.

• (2) Schedule 5 to the Housing Benefit (State Pension Credit) Regulations (sums disregarded in the calculation of earnings) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if in paragraphs 4(3) and 9(2)(b)(ii)(bb)after “Schedule 4” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (c) as if—

• (i) in paragraph 5A(1)(c) after “regulation 24”;

• (ii) in paragraph 5A(3) after “regulation 21”;

• (iii) in paragraph 8 after “regulation 31(8)(b)”;

• (iv) in paragraph 9(3)(b) after “regulation 28(1)(c)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation

19”;

• (d) as if in paragraph 6 after “Schedule 6” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (e) as if in paragraph 9(4) after “regulation 6” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 3”.

• (3) Schedule 6 to the Housing Benefit (State Pension Credit) Regulations (amounts to be disregarded in the calculation of income other than earnings) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (c) as if in paragraph 13(4) after “regulation 53” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (d) as if—

• (i) in paragraph 22 after “Schedule 5”;

• (ii) in paragraph 23 after “Schedule 7”;

• (iii) in paragraph 25 after “Schedule 7”,

there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Schedule 7 to the Housing Benefit (State Pension Credit) Regulations (capital to be disregarded) shall apply for the purposes of these Regulations as they apply for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs except in paragraph 21(2), there were substituted “rate relief”;

• (b) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (c) as if in paragraph 21(1)(a), (b) and (c) after “benefit” there were inserted “or rate relief”;

• (d) as if in paragraph 22—

• (i) after “relevant benefit” there were inserted “or rate relief”;

• (ii) after “entitled to benefit” there were inserted “or rate relief”;

• (iii) after “Housing Benefit Regulations” there were inserted “or the Rate Relief (General) Regulations (Northern Ireland) 2007”.

Notional entitlement to housing benefit

20

Where a person has not made a claim for housing benefit, the relevant authority shall assess what the amount of his entitlement to housing benefit in the form of a rate rebate (“notional amount”) would be were he to make such a claim and an amount equivalent to that notional amount shall be taken into account in full as housing benefit when assessing entitlement to rate relief in accordance with regulation 22 (calculation of weekly amount of rate relief).

PART 7 — Amount of rate relief

Modification of Part VII and Schedule 8

21

• (1) Part VII of the Housing Benefit (State Pension Credit) Regulations (amount of benefit) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

• (c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (e) as if in regulation 48—

• (i) paragraph (a) were omitted;

• (ii) in paragraph (b) for “those regulations” there were substituted “regulations 59 and 60 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (f) as if regulation 49 were omitted;

• (g) as if in regulation 50—

• (i) in paragraph (1)(a) for “of those Regulations” there were substituted “as applied with modifications for the purposes of those Regulations by regulation 22 of the Rate Relief (General) Regulations (Northern Ireland) 2007”;

• (ii) in paragraph (2)(a) after “of those Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 22 of those Regulations”;

• (iii) in paragraph (2)(b) and (c) after “71” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 22 of those Regulations”;

• (h) as if in regulation 51A(3)(b) “rent or” were omitted

• (ha) as if in regulation 51B—

• (i) in paragraph (1) after “51”, wherever it occurs, there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 21”;

• (ii) in paragraph (2) “rent and”, wherever it occurs, is omitted;

• (iii) in paragraph (3)(a) after “51(2)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 21”;

• (iv) in paragraph (3)(b) “rent or” were omitted and after “59(4)(c)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 23”;

• (v) in paragraph (4)(a) after “7(6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 11”;

• (vi) in paragraph (4)(b) “rent or” were omitted;

• (vii) in paragraph (5) “rent and” were omitted and after “60(1)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 23”;

• (hb) as if in regulation 51C—

• (i) in paragraph (1) after “51(1)(b)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (ii) in paragraph (2) after “51B(1)(a)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (i) as if regulation 52—

• (i) in paragraph (2) for “Department” there were substituted “Department for Social Development”;

• (ii) in paragraph (6) after “regulation 48” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (j) as if in regulation 53—

• (i) in paragraph (1)—

• (aa) after “regulation 48” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (bb) sub-paragraph (a)(i) and (b)(i) were omitted;

• (cc) in sub-paragraphs (a)(ii) and (b)(ii) for “a rate rebate” there were substituted “rate relief”;

• (ii) in paragraph (2)—

• (aa) sub-paragraphs (a) to (e) were omitted;

• (bb) in sub-paragraphs (f) to (h) for “a rate rebate” there were substituted “rate relief”;

• (iii) in paragraph 6(a) after “Schedule 4” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 17”;

• (iv) in paragraph 7(f) after “regulation 7” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (v) in paragraph (8)—

• (aa) sub-paragraph (a) were omitted;

• (bb) in sub-paragraph (b) for “rate rebate” there were substituted “rate relief”;

• (vi) in paragraph 10(b) and (c)—

• (aa) after “regulation 37 of the Housing Benefit Regulations”;

• (bb) after “Schedule 6 to those Regulations”,

there were inserted “as applied with modification for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 19 of those Regulations”;

• (k) as if regulation 54 were omitted.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 8 — Calculation of weekly amounts and changes of circumstances

Calculation of weekly amount of rate relief

22

• (1) For the purposes of Article 30A of the principal Order the amount of a person’s rate relief in any rate relief week shall be calculated by applying the formula (“the rate relief formula”)—

$$(M−E)−HB=RR$where—M is the weekly amount of maximum rate relief;E is 12 per cent of the weekly amount of excess of income;HB is the weekly amount of housing benefit entitlement;RR is the weekly amount of rate relief entitlement.$

• (2) In this regulation—

• “applicable amount” means the applicable amount as calculated under Part 5 (applicable amounts);

• “excess of income” means the resultant figure after the deduction of a person’s income from his applicable amount;

• “housing benefit entitlement” means that amount of housing benefit determined in accordance with Part VIII of the Housing Benefit (State Pension Credit) Regulations but only in so far as it relates to a rate rebate, or as the case may be, an amount equivalent to the amount of notional entitlement as calculated under regulation 20 (notional entitlement to housing benefit); arrears of housing benefit shall be disregarded in full for the purposes of these Regulations;

• “income” means income as calculated under Part 6 (income and capital);

• “maximum rate relief” means the maximum rate relief amount as calculated under regulation 21(1)(e) (maximum rate relief).

• (3) Where the result of the rate relief formula is zero or a negative amount there shall be no entitlement to a payment of rate relief.

Modification of Part VIII

23

Part VIII of the Housing Benefit (State Pension Credit) Regulations (calculation of weekly amounts and changes of circumstances) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “dwelling” and “dwellings”, wherever they occur, there were substituted “hereditament” and “hereditaments” respectively;

• (b) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (c) as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

• (d) as if in regulation 55—

• (i) in paragraph (1) for “that benefit” there were substituted “rate relief”;

• (ii) paragraph (2)(b) were omitted;

• (e) as if in regulation 57—

• (i) in paragraph (1)—

• (aa) after “regulation 32” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (bb) after “Appeals Regulations” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

• (cc) after “regulation 59(6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (ii) in paragraphs (2) and (3) after “Appeals Regulations” there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

• (iii) in paragraphs (3) and (4) after “regulation 7(6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (iv) in paragraph (5)—

• (aa) after “regulation 59(6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (bb) in sub-paragraph (a)(i) for “rent” there were substituted “rates”;

• (cc) in sub-paragraph (a)(i) for “59(2)(b) or (c)” there were substituted “59(3)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (v) in paragraph (10) the words from “except in a case” to the end of that paragraph were omitted;

• (vi) in paragraph (11) after “or (10)” there were inserted of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (vii) in paragraph (12) after “regulation 53” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (f) as if in regulation 58—

• (i) for “Department”, wherever it occurs, there were substituted “Department for Social Development”;

• (ii) in paragraph (8) after “regulation 52” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (iii) in paragraph (9)—

• (aa) after “regulation 59(6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (bb) sub-paragraph (a)(i) were omitted;

• (cc) in sub-paragraph (a)(ii) “in any other case,” were omitted;

• (iv) in paragraph (10) after “regulation 25(1)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (g) as if in regulation 59—

• (i) “rent or”, wherever it occurs, were omitted;

• (ii) paragraph 2 were omitted;

• (iii) in paragraph (3)(a) for “paragraph (2)” there were substituted “regulation 59(2) of the Housing Benefit Regulations”;

• (iv) in paragraph (4)—

• (aa) in sub-paragraph (a) after “regulation 55(2)”;

• (bb) in sub-paragraph (b) after “or (11)”;

• (cc) in sub-paragraph (c) after “57(2)” and “57(3)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (v) in paragraph (5) after “Parts V to VII” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulations 17, 19 and 21”;

• (vi) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (vii) in paragraph (9) “(2) or” were omitted;

• (viii) in paragraph (10)—

• (aa) for “benefit” there were substituted “rate relief”;

• (bb) after “regulation 7(6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (h) as if in regulation 60—

• (i) in the heading “Rent and” were omitted;

• (ii) for “rent-free”, wherever it occurs, there were substituted “rate-free”;

• (iii) in paragraph (1)—

• (aa) “to pay rent or” and “made together with rent” were omitted;

• (bb) after “regulation 8(1)(d)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (iv) in paragraph (2)—

• (aa) for “rent” there were substituted “rates”;

• (bb) after “regulation 59(4)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (v) in paragraph (3)(a)—

• (aa) for “59(2)(a)” there were substituted “59(3)(a) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (bb) for “rent” there were substituted “rates”;

• (vi) in paragraph (3)(b)—

• (aa) for “59(2)(b) or (c)” there were substituted “59(3)(b) or (c) of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (bb) for “rent” there were substituted “rates”;

• (vii) in paragraph (4)—

• (aa) after “or (6)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 23”;

• (bb) for “rent-free” there were substituted “rate-free”;

• (cc) “rent or” were omitted.

Date on which entitlement is to commence

24

A person who makes a claim within one month of his receipt of a decision on his claim to housing benefit and he is entitled to rate relief he shall be entitled to that rate relief from the rate relief week corresponding to the benefit week from which he is entitled to housing benefit.

PART 9 — Claims

Modification of Part IX and Schedule 10

25

• (1) Part IX of the Housing Benefit (State Pension Credit) Regulations[^f00013] (claims) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “benefit week”, wherever it occurs, there were substituted “rate relief week”;

• (c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (d) as if in regulation 62—

• (i) in paragraphs (5B) to (5G) for “the Department” there were substituted “the Department for Social Development”;

• (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (iii) in paragraph (11) for “award benefit” there were substituted “award rate relief”;

• (e) as if in regulation 62A after “Schedule 10” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (f) as if in regulation 63—

• (i) in paragraph (1) after “Schedule A1 (treatment of claims for housing benefit by refugees)” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (ii) in paragraph 3(a) and (b) after “regulation 65” there were inserted “ of the Housing Benefit (State Pension Credit) Regulations as applied with modification for the purposes of these Regulations by regulation 25”;

• (iii) in paragraph (4)(a)(i) and (b) after “Housing Benefit Regulations” and “those Regulations” there were inserted “as applied with modifications for the purposes of the Rate Relief (General) Regulations (Northern Ireland) 2007 by regulation 19 of those Regulations”;

• (iv) in paragraph (4)(c) after “or (c)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (g) as if—

• (i) in regulation 64(2) and (5) after “regulation 62”;

• (ii) in regulation 65(1)(a) after “regulation 62”;

• (iii) in regulation 65A after “regulation 65”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25;”;

• (gg) as if in regulation 65(5)(b) for “£16,000” there were substituted “£50,000”;

• (h) as if in regulation 65(5)(c)—

• (i) in head (i) after “regulation 22”;

• (ii) in head (ii) after “regulation 25(4)(e)”,

there were inserted “ of the Housing Benefit (State Pension Credit) Regulations as applied with modification for the purposes of these Regulations by regulation 19”;

• (i) as if in regulation 65A after “Schedule 10” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 25”.

• (2) Schedule 10 to the Housing Benefit (State Pension Credit) Regulations[^f00014] (electronic communication) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modification as if in paragraph 2(1) for “housing benefit” there were substituted “rate relief”.

Making a claim for rate relief

26

Subject to regulation 25(2), every claim for rate relief shall be made in writing on a form approved by the Department for the purpose of rate relief, or in such other manner, being in writing, as the Department may accept as sufficient in the circumstances of any particular case.

Claims in advance for rate relief

27

Where a claim is received by a relevant authority prior to 1st April 2007 it shall be treated as having been made on 1st April 2007.

Entitlement dependent on claim

28

Entitlement to a payment of rate relief shall be dependent upon a claim for rate relief being made in accordance with the provisions of these Regulations.

PART 10 — Decisions on questions

Modification of Part X and Schedule 9

29

• (1) Part X of the Housing Benefit (State Pension Credit) Regulations (decisions on questions) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if in regulation 66(2) after “and 63” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 25”;

• (b) as if in regulation 67(1) after “Schedule 9” there were inserted “to the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 29”.

• (2) Schedule 9 to the Housing Benefit (State Pension Credit) Regulations (matters to be included in decision notice) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit” and “rate rebate”, wherever they occur, there were substituted “rate relief”;

• (b) as if after “Decisions and Appeal Regulations”, wherever it occurs, there were inserted “as applied with modifications for the purposes of these Regulations by regulation 42”;

• (c) as if—

• (i) in paragraph 1 after “regulation 67”;

• (ii) in paragraph 2 after “regulation 67(2)”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 29”;

• (d) as if in paragraph 7 “II,” were omitted;

• (e) as if in paragraph 9—

• (i) in sub-paragraph (1)—

• (aa) heads (b), (c) and (f) were omitted;

• (bb) in head (d) “after regulation 53” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (cc) in head (e) for “rent allowance, or rent rebate or rate rebate, as the case may be,” there were substituted “rate relief”;

• (dd) in head (g) for “an allowance or rebate” there were substituted “rate relief”;

• (ee) in head (h) after “regulation 65” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (ii) in sub-paragraph (2)—

• (aa) in head (c) for “Department” there were substituted “Department for Social Development”;

• (bb) in head (d) after “regulation 25” and in sub-paragraph (e) after “regulation 25(7)” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (iii) in sub-paragraph (3) after “regulation 51” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these regulations by regulation 21”;

• (iii) in sub-paragraph (3) after “51” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 21”;

• (f) as if—

• (i) in paragraph 11 after “regulation 73 or 74”;

• (ii) in paragraph 12 after “regulation 73”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (g) as if in paragraph 13 after “regulation 22” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 19”;

• (h) if in paragraph 14(1)(a)—

• (i) for the words from “either” to “regulation 54,” there were substituted “on grounds of income”;

• (ii) for sub-head (i) there were substituted—

(i) the matters set out in paragraph 9(a) and (d);

• (iii) sub-head (iii) were omitted;

• (i) as if in paragraph 15—

• (i) in sub-paragraph (1) after “regulation 78” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

• (ii) in sub-paragraph (1)(e) for “benefit weeks” there were substituted “rate relief weeks”;

• (iii) in sub-paragraph (1)(f) for the words from “a rent allowance” to “case may be,” there were substituted “rate relief”;

• (iv) in sub-paragraph (2)(c) for “rent allowance” there were substituted “rate relief”.

PART 11 — Payments

Modification of Part XI

30

Part XI of the Housing Benefit (State Pension Credit) Regulations (payments) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the modifications set out in the following paragraphs—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

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

• (d) as if in regulation 68—

• (i) in paragraph (1)—

• (aa) for “70 to 76” there were substituted “72 to 76 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (bb) in sub-paragraph (a) “rent or” were omitted;

• (ii) in paragraph (2) for “that benefit” there were substituted “rate relief”;

• (iii) in paragraph (3) for “70 to 75” there were substituted “72 to 75 of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (e) as if regulations 69, 70 and 71 were omitted;

• (f) as if in regulation 72—

• (i) paragraphs (1) and (3) were omitted;

• (ii) in paragraph (2)—

• (aa) for “rent allowance or rate rebate” there were substituted “rate relief”;

• (bb) after “or (5)” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 25”;

• (g) as if in regulation 73—

• (i) in paragraph (1)—

• (aa) after “Schedule A1” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (bb) for “rent allowance or rate rebate” there were substituted “rate relief”;

• (cc) “rent or” were omitted;

• (dd) for “allowance or rebate” there were substituted “rate relief”;

• (ee) in sub-paragraph (b) “rent or” were omitted;

• (ii) in paragraph (2)—

• (aa) for “rent allowance”, in each place where it occurs, there were substituted “rate relief”;

• (bb) after “regulation 74” there shall be inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (cc) “rent or” and “or both” shall be omitted;

• (iia) as if paragraph (2A) were omitted;

• (iii) in paragraph (3) for “rate rebate” there were substituted “rate relief”;

• (iv) in paragraph (4) for “rent allowance or rate rebate” there were substituted “rate relief”;

• (h) as if in regulation 74—

• (i) in paragraph (1)—

• (aa) after “Schedule A1” there were inserted “to the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 11”;

• (bb) after “regulation 73” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (cc) for “a rent allowance or rate rebate” there were substituted “rate relief”;

• (dd) in sub-paragraph (c) for “allowance or rebate” there were substituted “rate relief”, “rent or” were omitted and for “of rent” there were substituted “of rates”;

• (ii) paragraph (2) were omitted;

• (iii) in paragraph (3) for “rent allowance or rate rebate” there were substituted “rate relief”;

• (iv) in paragraph (4)—

• (aa) “or (2)” were omitted;

• (bb) for “a rate rebate” there were substituted “rate relief”;

• (v) in paragraph (5) after “regulation 73” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (i) as if in regulation 75—

• (i) in paragraph (3) for “benefit” there were substituted “rate relief”;

• (ii) in paragraph (5)—

• (aa) for “a rent allowance or rate rebate” and “allowance or rebate” there were substituted “rate relief”;

• (bb) after “or 74” there were inserted “of the Housing Benefit Regulations as applied with modifications for the purposes of these Regulations by regulation 30”;

• (cc) “rent or” were omitted;

• (j) as if in regulation 76—

• (i) in paragraph (2) after “regulation 82(1)”;

• (ii) in paragraph (3) after “regulation 77”,

there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”.

PART 12 — Overpayments

Application of section 73 of the Administration Act

31

Section 73(1), (2), (3)(a) and (b) and (7) of the Administration Act shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) for “housing benefit” there were substituted “rate relief”;

• (b) in paragraph (1) for “by the Department, the Department of the Environment or by the Housing Executive” there were substituted “the relevant authority”;

• (c) paragraph (2) for “the Department of the Environment or the Housing Executive” there were substituted “the relevant authority”.

Modification of Part XII

32

Part XII of the Housing Benefit (State Pension Credit) Regulations (overpayments) shall apply for the purposes of these Regulations as it applies for the purposes of the Housing Benefit (State Pension Credit) Regulations with the following modifications—

• (a) as if for “housing benefit”, wherever it occurs, there were substituted “rate relief”;

• (b) as if for “benefit week” and “benefit weeks”, wherever they occur, there were substituted “rate relief week” and “rate relief weeks” respectively;

• (c) as if for “dwelling”, wherever it occurs, there were substituted “hereditament”;

• (d) as if in regulation 77—

• (i) after “this Part” there were inserted “of the Housing Benefit (State Pension Credit) Regulations as applied with modifications for the purposes of these Regulations by regulation 32”;

• (ii) for “rebate” there were substituted “rate relief”;

• (iii) for the words from “and includes” to “decided” were omitted;

• (e) as if in regulation 78—

• (i) paragraph (3)(c) and (d) were omitted;

• (ii) in paragraph (4) for “rent rebate or rate rebate or both” and, in both places where it occurs, “benefit” there were substituted “rate relief”;

• (f) as if in regulation 79—

• (i) in paragraph (1)—