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The Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018

S.R. 2018/209 · Made 11 December 2018

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Housing

Made 11th December 2018

Laid before Parliament 12th December 2018

Coming into operation 25th January 2019

The Secretary of State for Work and Pensions makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and 171(1), (3) and (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1, and Articles 16, 38 and 48(2)(b) of the Welfare Reform (Northern Ireland) Order 2015f2.

These powers are exercisable by the Secretary of State by virtue of Article 4(1)(a) and (b) of the Welfare Reform (Northern Ireland) Order 2015f3.

Annotations to the whole text

Footnotes

f1

1992 c. 7; section 129A was inserted by section 30(2) of the Welfare Reform Act (Northern Ireland) 2007 (c. 2 (N.I.)) and section 171(1) was amended by paragraph 5 of Schedule 4 to the Tax Credits Act 2002 (c. 21); for the meaning of “prescribed” see section 133 of the Social Security Contributions and Benefits (Northern Ireland) Act 1992.

f2

S.I. 2015/2006 (N.I. 1); for the meaning of “prescribed” and “regulations” see Article 5.

f3

Functions under or for the purposes of the Social Security Contributions and Benefits (Northern Ireland) Act 1992 are vested in the Department for Communities by virtue of Article 8(b) of S.R. 1999 No. 481 and section 1(7) of the Departments Act (Northern Ireland) 2016 (c. 5 (N.I.)).

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008
  3. 3Amendment of the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Housing Benefit and Universal Credit Housing Costs (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2018 and shall come into operation on 25th January 2019.

(2)

The Interpretation Act (Northern Ireland) 1954f1 shall apply to these Regulations as it applies to an Act of the Assembly.

2Amendment to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008

(1)

The Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008f1 (broad rental market area determinations and local housing allowance determinations) is amended in accordance with paragraphs (2) and (3).

(2)

In paragraph 2 (local housing allowance for category of dwelling in paragraph 1)—

(a)

in sub-paragraph (2B)(a)f2 for “lower of the amounts set out in sub-paragraph (3A)(a) and (b)” substitute “lowest of the amounts set out in sub-paragraph (3A)(a), (b) and (c)”;

(b)

in sub-paragraph (3A)f3—

(i)

in paragraph (a) after “plus 3%” omit “and”;

(ii)

for the table in paragraph (b) substitute—

“

(1) Category of dwelling as defined in the following paragraphs of this Schedule(2) Maximum local housing allowance for that category of dwelling
Paragraph 1(1)(a) (one bedroom, shared accommodation)£276.51
Paragraph 1(1)(b) (one bedroom, exclusive use)£276.51
Paragraph 1(1)(c) (two bedrooms)£320.74
Paragraph 1(1)(d) (three bedrooms)£376.04
Paragraph 1(1)(e) (four bedrooms)£442.42

”;

(iii)

after paragraph (b) insert—

  • “and

    1. (c)

      the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).”.

(3)

For the table in paragraph 5Af4 substitute—

“

(1) Broad rental market area(2) Category of dwelling as defined in the following paragraphs of this Schedule

BRMA1 – South

Paragraph 1(1)(a) (one bedroom, shared accommodation)

BRMA1 – South

BRMA1 – South

BRMA1 – South

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

BRMA1 – South

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

”

3Amendment of the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016

(1)

The Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016f1 are amended in accordance with paragraphs (2) and (3).

(2)

In paragraph 2 of Schedule 1 (local housing allowance for category of dwelling in paragraph 1)f2—

(a)

in sub-paragraph (1B)(a) for “lower of the amounts set out in sub-paragraph (2A)(a) and (b)” substitute “lowest of the amounts set out in sub-paragraph (2A)(a), (b) and (c)”;

(b)

in sub-paragraph (2A)—

(i)

in paragraph (a) after “plus 3%;” omit “and”;

(ii)

for the table in paragraph (b) substitute—

“

(1) Category of dwelling as defined in the following paragraphs of this Schedule(2) Maximum local housing allowance for that category of dwelling

paragraph (1)(a) (one bedroom, shared accommodation)

paragraph (1)(b) (one bedroom, exclusive use)

paragraph 1(1)(c) (two bedrooms)

paragraph 1(d) (three bedrooms)

paragraph 1(e) (four bedrooms)

£1198.20

£1198.20

£1389.91

£1629.55

£1917.12

”;

(iii)

after paragraph (b) insert—

  • “and

    1. (c)

      the rent at the 30th percentile determined in accordance with paragraph 3.”.

(3)

For the table in paragraph 5f3 of Schedule 1 substitute—

“

(1) Broad rental market area(2) Category of dwelling as defined in the following paragraphs of this Schedule

BRMA1 – South

Paragraph 1(1)(a) (one bedroom, shared accommodation)

BRMA1 – South

BRMA1 – South

BRMA1 – South

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

BRMA1 – South

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA2 – North

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA3 – Lough Neagh Lower

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA4 – North West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA5 – South West

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA6 – South East

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA7 – Lough Neagh Upper

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

BRMA8 – Belfast

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

Paragraph 1(1)(a) (one bedroom, shared accommodation)

Paragraph 1(1)(b) (one bedroom, exclusive use)

Paragraph 1(1)(c) (two bedrooms)

Paragraph 1(1)(d) (three bedrooms)

Paragraph 1(1)(e) (four bedrooms)

”

Signature

Signed by authority of the Secretary of State for Work and Pensions

Justin Tomlinson

Parliamentary Under Secretary of State

Department for Work and Pensions

11th December 2018

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (S.R. 2008 No. 100) (“the Executive Determinations Regulations”) and the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 (S.R. 2016 No. 222) to make changes to the manner in which the local housing allowance is determined.

The Regulations also provide revised amounts for the maximum local housing allowance for specified categories of dwelling.

Regulation 2 amends the Executive Determinations Regulations by substituting tables that provide that, for dwellings in specified categories in specified broad rental market areas, the local housing allowance is the lower of (a) the rent as last determined plus 3%, (b) the maximum allowance applicable to the dwelling and (c) the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations.

For other dwellings, the local housing allowance is the lower of the rent as last determined and the rent at the 30th percentile, determined in accordance with the Executive Determinations Regulations.

Regulation 3 makes the equivalent amendments to the Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016.

An impact assessment has not been produced for this instrument as it has no impact on business or civil society organisations.