Regulation 3 Circumstances in which discretionary housing payments may be madeI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg. 3 coming into force by Discretionary Financial Assistance 2001 reg. 1(1)
reg. 3(k) added by Welfare Supplementary Payments 2016 reg. 5
reg. 3(k)(ii) words substituted by Welfare Supplementary Payment (Benefit Cap) 2016 reg. 2(4)
reg. 3(g) words added by Jobseeker's Allowance (Schemes for Assisting Persons to Obtain Employment) 2014 reg. 17(2)
reg. 3(n) added (temp until 31/3/2008) by Welfare Supplementary Payment (Universal Credit) 2025 reg. 22
reg. 3(i) word inserted by Social Security (Loss of Benefit) 2011 reg. 8
reg. 3(a) words substituted by Housing Benefit (Consequential Provisions) 2006 Sch. 2 para. 8(4)(i)
reg. 3(c) words substituted by Housing Benefit (Consequential Provisions) 2006 Sch. 2 para. 8(4)(ii)
reg. 3(aa) inserted by Discretionary Financial Assistance 2008 reg. 2(2)(a)
reg. 3(d) words substituted by Discretionary Financial Assistance 2008 reg. 2(2)(b)
reg. 3(j) added by Discretionary Financial Assistance 2008 reg. 2(2)(c)
reg. 3(g) words added by Jobseeker’s Allowance (Sanctions for Failure to Attend) 2012 reg. 3(3)
reg. 3(ab) inserted by Discretionary Financial Assistance 2017 reg. 2(4)(a)
reg. 3(l)(m) added by Discretionary Financial Assistance 2017 reg. 2(4)(b)

For the purposes of section 60(2)(a) of the Child Support, Pensions and Social Security Act (discretionary financial assistance with housing), the prescribed circumstance in which discretionary housing payments may be made is where a person has made a claim for a discretionary housing payment and the requirement for financial assistance does not arise as a consequence of—

(a)

a liability to meet any of the ineligible service charges specified in Schedule 1 to the Housing Benefit Regulations^f1 (ineligible service charges);

(b)

a liability to meet rates;

(c)

a liability to meet the increase in such payment as is referred to in regulation 8(2A) of the Housing Benefit Regulations^f2 (eligible housing costs);

(d)

a reduction of an amount of benefit by virtue of Article 43(11) of the Child Support Order^f3(failure to comply with obligations imposed by Article 9);

(e)

a reduction of a specified amount of benefit by virtue of section 2A of the Administration Act^f4 (work-focused interviews);

(f)

a reduction in the amount of a jobseeker’s allowance payable by virtue of Article 19 of the Jobseekers (Northern Ireland) Order 1995^f5 (reduced payments);

(g)

the non-payability of a jobseeker’s allowance or a reduction in the amount of a jobseeker’s allowance payable, pursuant to a decision made by virtue of Article 21 or 22A of the Jobseekers (Northern Ireland) Order 1995^f6 (circumstances in which a jobseeker’s allowance is not payable or denial or reduction of joint-claim jobseeker’s allowance);

(h)

the suspension of payment of an amount of benefit by virtue of Article 21, 22 or 24 of the Social Security (Northern Ireland) Order 1998 (suspension in prescribed circumstances; suspension for failure to furnish information, etc. or suspension and termination for failure to submit to medical examination) or section 59 of, and paragraphs 13 and 14 of Schedule 7 to, the Child Support, Pensions and Social Security Act (revisions and appeals or suspension in prescribed circumstances and suspension for failure to furnish information, etc.).

Annotations

Commencement

I1: Reg. 3 in operation at 2.7.2001, see reg. 1(1)

Footnotes

f1: Schedule 1 was amended by S.R. 1988 No. 314, S.R. 1989 No. 125, S.R. 1991 Nos. 47 and 337, S.R. 1993 No. 145, S.R. 1994 No. 137, S.R. 1996 No. 73, S.R. 1997 Nos. 22 and 376, S.R. 1999 No. 416 and S.R. 2000 Nos. 38 and 74
f2: Paragraph (2A) was inserted by regulation 2(b) of S.R. 1992 No. 444 and amended by regulation 3 of S.R. 1999 No. 416
f3: S.I. 1991/2628 (N.I. 23)
f4: 1992 c. 8: section 2A was inserted by Article 54 of the Welfare Reform and Pensions (Northern Ireland) Order 1999 (S.I. 1999/3147 (N.I. 11))
f5: S.I. 1995/2705 (N.I. 15)
f6: Article 21 was amended by paragraph 110 of Schedule 6 to the Social Security (Northern Ireland) Order 1998 and Article 22A was inserted by paragraph 14 of Schedule 7 to the Welfare Reform and Pensions (Northern Ireland) Order 1999