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The Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2008

S.R. 2008/506 · Made 22 December 2008 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 13 January 2014.

Housing

Made 22nd December 2008

Coming into operation 5th January 2009

The Department for Social Development makes the following Regulations in exercise of the powers conferred by sections 122(1)(d), 129A(2) and 171(1) and (3) to (5) of the Social Security Contributions and Benefits (Northern Ireland) Act 1992f1 and now vested in itf2.

The Social Security Advisory Committee has agreed that proposals in respect of these Regulations should not be referred to itf3.

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)

f2

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

f3

See section 150(1)(b) of the Social Security Administration (Northern Ireland) Act 1992 (c. 8)

Contents

  1. 1Citation, commencement and interpretation
  2. 2Amendment of the Housing Benefit (Executive Determinations) Regulations
  3. Signature
  4. Explanatory note

1Citation, commencement and interpretationI1

(1)

These Regulations may be cited as the Housing Benefit (Executive Determinations) (Amendment) Regulations (Northern Ireland) 2008 and shall come into operation on 5th January 2009.

(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 (Executive Determinations) RegulationsI1

In the Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008f1 (broad rental market area determinations and local housing allowance determinations)—

F1(a)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

for paragraph 4 (broad rental market area) substitute—

“4.

In this Schedule “broad rental market area” means an area within which a person could reasonably be expected to live having regard to facilities and services for the purposes of health, education, recreation, personal banking and shopping, taking account of the distance of travel, by public and private transport, to and from those facilities and services.

5.

A broad rental market area must contain—

(a)

residential premises of a variety of types, including such premises held on a variety of tenures; and

(b)

sufficient privately rented residential premises to ensure that, in the Executive’s opinion, the local housing allowance for the categories of dwelling in the area for which the Executive is required to determine a local housing allowance is representative of the rents that a landlord might reasonably be expected to obtain in that area.”.

Signature

Sealed with the Official Seal of the Department for Social Development on 22nd December 2008

(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 (Executive Determinations) Regulations (Northern Ireland) 2008.

The Regulations substitute the definition of “broad rental market area” in the Schedule so as to clarify the way that these areas are constructed.