Explanatory note

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 (“the Housing Benefit Regulations”).

Regulations 2 and 3 amend the Housing Benefit Regulations to provide that a decision maker should calculate a claimant’s average weekly income from employment by reference to any amount of earnings the claimant expects to receive, as well as any earnings they have received. They also clarify that those earnings should be taken into account either: in the case of a new claim, on the date of the claim and the first day of each benefit week thereafter; or in the case of an existing claim, the first day of the benefit week following the day the claimant commenced employment, or the first day of the benefit week following the date the claimant’s earnings changed so as to require re-estimation, and the first day of each benefit week thereafter, even if a claimant does not actually receive those earnings from their employer in that week.

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 o 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 (c. 8), and are not subject to the requirement of section 149(2) of that Act for prior reference to the Social Security Advisory Committee.