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

S.R. 2018/209 · made 11 December 2018

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.

Made under: Social Security Contributions and Benefits (Northern Ireland) Act 1992 (Section 122, Section 129A, Section 171); The Welfare Reform (Northern Ireland) Order 2015 (Article 16, Article 38, Article 48)

PDFs: Printed copy https://openlegislation.uk/housing-benefit-and-universal-credit-housing-costs-executive-determinations-amendment-regulations-northern-ireland-2018/pdf/nisr_20180209_en.pdf; NI Explanatory Memorandum https://openlegislation.uk/housing-benefit-and-universal-credit-housing-costs-executive-determinations-amendment-regulations-northern-ireland-2018/pdf/nisrem_20180209_en.pdf

## Introductory text

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 1992, and Articles 16, 38 and 48(2)(b) of the Welfare Reform (Northern Ireland) Order 2015.
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 2015.

## 1 Citation, 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) 1954 shall apply to these Regulations as it applies to an Act of the Assembly.

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

(1) The Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 (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) 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)—
(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
(c) the rent at the 30th percentile determined in accordance with sub-paragraphs (4) to (8).”.
(3) For the table in paragraph 5A 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)
”

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

(1) The Universal Credit Housing Costs (Executive Determinations) Regulations (Northern Ireland) 2016 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)—
(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
(c) the rent at the 30th percentile determined in accordance with paragraph 3.”.
(3) For the table in paragraph 5 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.

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Source: https://www.legislation.gov.uk/nisr/2018/209 (the official version)
Page: https://openlegislation.uk/housing-benefit-and-universal-credit-housing-costs-executive-determinations-amendment-regulations-northern-ireland-2018
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.