LegalizeThe Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016
Made: 12th September 2016
Laid before Parliament: 13th September 2016
Coming into operation in accordance with regulation 1(2) and (3).
These powers are exercisable by the Secretary of State by virtue of Article 4(1)(b) of the Welfare Reform (Northern Ireland) Order 2015[^f00003].
Citation and commencement
1
- (1) These Regulations may be cited as the Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016.
- (2) This regulation and regulation 7 come into operation on 14th September 2016.
- (3) The remaining provisions of these Regulations come into operation on 20th February 2017 .
Interpretation
2
- (1) In these Regulations—
- “the Housing Benefit Regulations” means the Housing Benefit Regulations (Northern Ireland) 2006[^f00004]; and
- “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[^f00005].
- (2) The Interpretation Act (Northern Ireland) 1954[^f00006] shall apply to these Regulations as it applies to an Act of the Assembly.
Amendment of the Housing Benefit Regulations relating to qualifying parents or carers, parents of armed forces personnel who are away from home on operations or who have a child who cannot share a bedroom
3
- (1) The Housing Benefit Regulations are amended in accordance with paragraphs (2) to (6).
- (2) In regulation 2(1)[^f00007] (interpretation)—
- (a) after the definition of “child tax credit” insert—
- “child who cannot share a bedroom” means a child— who is entitled to the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; and who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;
- (b) after the definition of “maximum rent (LHA)” insert—
- “member of the armed forces away on operations” means a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006[^f00008]) who is absent, while on operations, from the dwelling usually occupied as their home;
- (c) after the definition of “qualifying income-related benefit” insert—
- “qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who— has a child or qualifying young person placed with them as mentioned in regulation 19(3) who by virtue of that provision is not treated as occupying their dwelling; or has been approved as a foster parent under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996[^f00009] but does not have a child or qualifying young person placed with them and has not had a child or qualifying young person placed with them for a period which does not exceed 52 weeks;
- (d) in the definition of “young individual”—
- (i) at the end of paragraph (d) omit “or”;
- (ii) after paragraph (e) add—
or (f) who is a qualifying parent or carer;
- (3) In regulation 14D[^f00010] (determination of a maximum rent (LHA))—
- (a) in paragraph (2)(c)[^f00011] for “paragraph (3)” substitute “paragraphs (3) to (3B)”;
- (b) in paragraph (3)[^f00012]
- (i) after sub-paragraph (b) insert—
(ba) a child who cannot share a bedroom provided that there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child were able to share a bedroom;
- (ii) after sub-paragraph (e) omit “and one additional bedroom in any case where the claimant or the claimant’s partner is a person who requires overnight care (or in any case where both of them are).”;
- (c) after paragraph (3) add—
(3A) The claimant is entitled to one additional bedroom in any case where— (a) the claimant or the claimant’s partner is (or each of them is) a person who requires overnight care; or (b) the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer. (3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.
- (d) in paragraph (10) for the definition of “occupiers” substitute—
- “occupiers” means— the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; and any member of the armed forces away on operations who— is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner; was the claimant’s non-dependant before they became a member of the armed forces away on operations; and intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;
- (4) In regulation 72[^f00013] (non-dependant deductions)—
- (a) at the end of paragraph (7)(e) omit “or”;
- (b) after paragraph (7)(f) add—
; or (g) he is not residing with the claimant because he is a member of the armed forces away on operations.
- (5) In Part IV of Schedule 2 (size criteria)—
- (a) in paragraph 10 after sub-paragraph (b) insert–
(ba) a child who cannot share a bedroom provided that there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child were able to share a bedroom;
; and
- (b) for paragraph 10A[^f00014] substitute—
(10A) One additional bedroom is allowed where on the application for the determination— (a) the tenant or tenant’s partner is (or both of them are) stated as being a person who requires overnight care; or (b) the tenant or tenant’s partner is (or both of them are) stated as being a qualifying parent or carer. (10B) Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 10A both apply.
- (6) In paragraph 2 of Schedule 3 (excluded tenancies)—
- (a) after sub-paragraph (3)(f)[^f00015] add—
(g) the claimant or the claimant’s partner becomes, or ceases to be, a qualifying parent or carer where that affects the size criteria, as set out in Part IV of Schedule 2, applicable in the claimant’s case; or (h) an occupier becomes or ceases to be a child who cannot share a bedroom where that affects the size criteria, as set out in Part IV of Schedule 2, applicable in the claimant’s case.
- (b) after sub-paragraph (3) add—
(4) For the purposes of sub-paragraph (3)(d)(iii) it does not amount to a change in the composition of the household where a son, daughter, step-son or step-daughter of the claimant or the claimant’s partner who is the claimant’s non-dependant ceases to occupy the dwelling as their home because they become a member of the armed forces away on operations, or subsequently resumes occupying the dwelling as their home on ceasing to be a member of the armed forces away on operations.
Amendment of the Housing Benefit (State Pension Credit) Regulations relating to qualifying parents or carers, parents of armed forces personnel who are away from home on operations or who have a child who cannot share a bedroom
4
- (1) The Housing Benefit (State Pension Credit) Regulations are amended in accordance with paragraphs (2) to (6).
- (2) In regulation 2(1)[^f00016] (interpretation)—
- (a) after the definition of “child tax credit” insert—
- “child who cannot share a bedroom” means a child— who is entitled to the care component of disability living allowance at the highest or middle rate prescribed in accordance with section 72(3) of the Act; and who the relevant authority is satisfied is, by virtue of his or her disability, not reasonably able to share a bedroom with another child;
- (b) after the definition of “maximum rent (LHA)” insert—
- “member of the armed forces away on operations” means a member of the regular forces or the reserve forces (within the meaning of section 374 of the Armed Forces Act 2006[^f00017]) who is absent, while on operations, from the dwelling usually occupied as their home;
- (c) after the definition of “qualifying income-related benefit” insert—
- “qualifying parent or carer” means a person who has a bedroom in the dwelling they occupy as their home additional to those used by the persons who occupy the dwelling as their home and who— has a child or qualifying young person placed with them as mentioned in regulation 19(3) who by virtue of that provision is not treated as occupying their dwelling; or has been approved as a foster parent under regulation 3 of the Foster Placement (Children) Regulations (Northern Ireland) 1996[^f00018] but does not have a child or qualifying young person placed with them and has not had a child or qualifying young person placed with them for a period which does not exceed 52 weeks;
- (3) In regulation 14D[^f00019] (determination of a maximum rent (LHA))—
- (a) in paragraph (2)(c)[^f00020] for “paragraph (3)” substitute “paragraphs (3) to (3B)”;
- (b) in paragraph (3)[^f00021]
- (i) after sub-paragraph (b) insert—
(ba) a child who cannot share a bedroom provided that there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child were able to share a bedroom;
- (ii) after sub-paragraph (e) omit “and one additional bedroom in any case where the claimant or the claimant’s partner is a person who requires overnight care (or in any case where both of them are).”;
- (c) after paragraph (3) add—
(3A) The claimant is entitled to one additional bedroom in any case where— (a) the claimant or the claimant’s partner is (or each of them is) a person who requires overnight care; or (b) the claimant or the claimant’s partner is (or each of them is) a qualifying parent or carer. (3B) The claimant is entitled to two additional bedrooms where paragraph (3A)(a) and (b) both apply.
- (d) in paragraph (10) for the definition of “occupiers” substitute—
- “occupiers” means— the persons whom the relevant authority is satisfied occupy as their home the dwelling to which the claim or award relates except for any joint tenant who is not a member of the claimant’s household; and any member of the armed forces away on operations who— is the son, daughter, step-son or step-daughter of the claimant or the claimant’s partner; was the claimant’s non-dependant before they became a member of the armed forces away on operations; and intends to resume occupying the dwelling as their home when they cease to be a member of the armed forces away on operations;
- (4) In regulation 53[^f00022] (non-dependant deductions)—
- (a) at the end of paragraph (7)(e) omit “or”;
- (b) after paragraph (7)(f) add—
; or (g) he is not residing with the claimant because he is a member of the armed forces away on operations.
- (5) In Part IV of Schedule 2 (size criteria)—
- (a) in paragraph 10 after sub-paragraph (b) insert—
(ba) a child who cannot share a bedroom provided that there is a bedroom in the dwelling occupied as the home that is additional to those to which the claimant would be entitled if the child were able to share a bedroom;
; and
- (b) for paragraph 10A[^f00023] substitute—
(10A) One additional bedroom is allowed where on the application for the determination— (a) the tenant or tenant’s partner is (or both of them are) stated as being a person who requires overnight care; or (b) the tenant or tenant’s partner is (or both of them are) stated as being a qualifying parent or carer. (10B) Two additional bedrooms are allowed where sub-paragraphs (a) and (b) of paragraph 10A both apply.
- (6) In paragraph 2 of Schedule 3 (excluded tenancies)—
- (a) after sub-paragraph (3)(f)[^f00024] add—
(g) the claimant or the claimant’s partner becomes, or ceases to be, a qualifying parent or carer where that affects the size criteria, as set out in Part IV of Schedule 2, applicable in the claimant’s case; or (h) an occupier becomes or ceases to be a child who cannot share a bedroom where that affects the size criteria, as set out in Part IV of Schedule 2, applicable in the claimant’s case.
- (b) after sub-paragraph (3) add—
(4) For the purposes of sub-paragraph (3)(d)(iii) it does not amount to a change in the composition of the household where a son, daughter, step-son or step-daughter of the claimant or the claimant’s partner who is the claimant’s non-dependant ceases to occupy the dwelling as their home because they become a member of the armed forces away on operations, or subsequently resumes occupying the dwelling as their home on ceasing to be a member of the armed forces away on operations.
Amendment of the Housing Benefit Regulations relating to the determination of the maximum rent (social sector)
5
- (1) The Housing Benefit Regulations are amended in accordance with paragraphs (2) to (8).
- (2) In regulation 2(1)[^f00025] (interpretation) in the definition of “eligible rent”, in paragraph (a) after “regulation 13A” insert “, 13AA”.
- (3) In regulation 11(eligible housing costs) after paragraph (1)(b)(i)[^f00026] insert—
(ia) regulations 13AA, A14 and B14;
- (4) In regulation 13A[^f00027] (eligible rent) for paragraph (1) substitute—
(1) The amount of a person’s eligible rent shall be determined in accordance with the provisions of this regulation except where any of the following provisions apply— (a) regulation 13AA; (b) regulation 13B; (c) regulation 13C; or (d) paragraph 4 of Schedule 3 to the Consequential Provisions Regulations.
- (5) After regulation 13A insert—
(13AA) (1) This regulation applies where a maximum rent (social sector) has been, or is to be, determined in accordance with regulation A14. (2) Except where paragraph (3) or (6) applies, the amount of a person’s eligible rent is the maximum rent (social sector). (3) Where the claimant occupies a dwelling which is the same as that occupied by the claimant at the date of death of a linked person, the eligible rent is— (a) the eligible rent which applied on the day before the death occurred; or (b) in a case where no eligible rent applied on that day, an eligible rent determined in accordance with regulation 13A(2), where that eligible rent is more than the eligible rent determined in accordance with paragraph (2). (4) For the purpose of paragraph (3), a claimant is treated as occupying the dwelling if paragraph (13) of regulation 7 is satisfied and for that purpose paragraph (13) shall have effect as if sub-paragraph (b) of that paragraph were omitted. (5) Where a person’s eligible rent has been determined in accordance with paragraph (3), it shall apply until the first of the following events occurs— (a) the period of 12 months from the date of death has expired; (b) the determination of an eligible rent in accordance with paragraph (3) in relation to a subsequent death; (c) there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (3); (d) there is a change of dwelling; or (e) the determination of an eligible rent under regulation 13A. (6) Where the relevant authority is satisfied that the claimant or a linked person was able to meet the financial commitments for the dwelling when they were entered into, the eligible rent is an eligible rent determined in accordance with regulation 13A(2) where that eligible rent is more than the eligible rent determined in accordance with paragraph (2). (7) Paragraph (6) shall not apply where the claimant or the claimant’s partner was previously entitled to benefit in respect of an award of housing benefit which fell wholly or partly less than 52 weeks before the commencement of the claimant’s current award of housing benefit. (8) Where a person’s eligible rent has been determined in accordance with paragraph (6), it shall apply until the first of the following events occurs— (a) the first 13 weeks of the claimant’s award of housing benefit have expired; (b) the determination of an eligible rent in accordance with paragraph (3); (c) there is a change of circumstances and the relevant authority determines a new eligible rent in accordance with paragraph (2) which is equal to or more than the eligible rent determined in accordance with paragraph (6); (d) there is a change of dwelling; or (e) the determination of an eligible rent under regulation 13A.
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