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The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007

S.R. 2007/121 · Made 1 March 2007

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; rates

Made 1st March 2007

Coming into operation 1st April 2007

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 5(1)(l) and 165(1), (4) and (5) of the Social Security Administration (Northern Ireland) Act 1992f1, and now vested in itf2 and paragraphs 4(5) and 20(1)(b) and (3) of Schedule 7 to the Child Support, Pensions and Social Security Act (Northern Ireland) 2000f3.

Annotations to the whole text

Footnotes

f1

1992 c.8; section 165(1) was amended by paragraph 49(2) of Schedule 3 to the Social Security Contributions (Transfer of Functions, etc.) (Northern Ireland) Order 1999 (S.I. 1999/671)

f2

See Article 8(b) of S.R. 1999 No. 481

f3

2000 c. 4 (N.I.)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Housing Benefit Regulations
  3. 3Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations
  4. Signature
  5. Explanatory note

1Citation, commencement and interpretation

(1)

These Regulations may be cited as the Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 and shall come into operation on 1st April 2007.

(2)

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

2Amendment of the Housing Benefit Regulations

(1)

The Housing Benefit Regulations (Northern Ireland) 2006f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 74 (date on which entitlement is to commence)—

(a)

for paragraph (3)(c) substitute—

“(c)

he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (4) which he occupies as his home.”; and

(b)

after regulation 74(3) add—

“(4)

The accommodation referred to in paragraph (3)(c) is—

(a)

a hostel;

(b)

board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;

(c)

accommodation secured by the Executive where the payments are to the Executive under Article 12(2) of that Order; or

(d)

accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.

(5)

In this regulation “board and lodging accommodation” means—

(a)

accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b)

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.”.

(3)

In regulation 77(10) (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.

3Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations

(1)

The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006f1 shall be amended in accordance with paragraphs (2) and (3).

(2)

In regulation 55 (date on which entitlement is to commence)—

(a)

for paragraph (2)(b) substitute—

“(b)

he becomes liable in that benefit week to make payments, which fall due on a daily basis, in respect of the accommodation specified in paragraph (3) which he occupies as his home.”; and

(b)

after regulation 55(2) add—

“(3)

The accommodation referred to in paragraph (2)(b) is—

(a)

a hostel;

(b)

board and lodging accommodation where the payments are to the Executive under Article 12(2) of the Housing (Northern Ireland) Order 1988;

(c)

accommodation secured by the Executive where the payments are to the Executive under Article 12(2) of that Order; or

(d)

accommodation which the Executive holds on a lease granted for a term not exceeding 10 years.

(4)

In this regulation “board and lodging accommodation” means—

(a)

accommodation provided to a person or, if he is a member of a family, to him or any other member of his family, for a charge which is inclusive of the provision of that accommodation and at least some cooked or prepared meals which both are cooked or prepared (by a person other than a person to whom the accommodation is provided or by a member of his family) and are consumed in that accommodation or associated premises; or

(b)

accommodation provided to a person in a hotel, guest house, lodging house or some similar establishment,

but it does not include accommodation in a care home, an Abbeyfield Home, an independent hospital or a hostel.”.

(3)

In regulation 57(10) (date on which change of circumstances is to take effect) omit the words “in respect of a hostel”.

Signature

Sealed with the Official Seal of the Department for Social Development on 1st March 2007

(L.S.)

John O’Neill

A senior officer of the Department for Social Development

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Housing Benefit Regulations (Northern Ireland) 2006 and the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

Regulation 2 amends the Housing Benefit Regulations (Northern Ireland) 2006 to provide that persons who have a daily rent liability and reside in certain types of accommodation may be entitled to housing benefit from the first day of occupation rather than the Monday following the date the claim is received. An amendment is also made to provide that in circumstances where rent is payable on a daily basis the effective date of the change of circumstances ending entitlement will be the day the change happened rather than the end of the benefit week.

Regulation 3 makes equivalent provisions in relation to the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006.

These Regulations make in relation to Northern Ireland only provision corresponding to provision contained in Regulations made by the Secretary of State for Work and Pensions in relation to Great Britain and accordingly, by virtue of section 149(3) of, and paragraph 10 of Schedule 5 to, the Social Security Administration (Northern Ireland) Act 1992, are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.