Regulation 11 Eligible housing costsI1
Northern Ireland
Subject to the following provisions of this regulation, housing benefit shall be payable in respect of the payments specified in regulations 12(1) and 13(1) and a claimant’s maximum housing benefit shall be calculated under Part VIII by reference to—
in the case of a rate rebate, the amount of his eligible rates determined in accordance with regulation 12(3); and
in the case of a rent rebate or allowance, the amount of his eligible rent determined in accordance with—
regulation 13A;
regulations 13AA, A14 and B14;
regulations 13B, 14, 14A and 14B;
regulations 13C, 14C and 14D, or
regulations 13 (rent) and 14 (restrictions on unreasonable payments) as set out in paragraph 5 of Schedule 3 to the Consequential Provisions Regulations,
whichever is applicable in his case.
Subject to paragraph (4), housing benefit shall not be payable in respect of payments made by a person on income support F3, an income-based jobseeker’s allowance or an income-related employment and support allowance whose applicable amount for that benefit includes an amount in respect of those payments.
Where any payment for which a person is liable in respect of a dwelling and which is specified in regulation 13(1), is increased on account of—
outstanding arrears of any payment or charge; or
any other unpaid payment or charge,
to which F4paragraphs (1) or (2) of that regulation or paragraph (2) of regulation 13A or Schedule 1 refer and which is or was formerly owed by him in respect of that or another dwelling, a rent rebate or, as the case may be, a rent allowance shall not be payable in respect of that increase.
Where a person who has been awarded housing benefit in respect of a dwelling becomes entitled to income support F5, an income-based jobseeker’s allowance or an income-related employment and support allowance and his applicable amount for the purpose of calculating his entitlement to that benefit includes an amount in respect of a payment made by him in respect of that dwelling, the payments made by him in respect of that dwelling shall continue to be eligible for housing benefit for a period of 4 benefit weeks beginning with the benefit week after the date on which he becomes entitled to income support , an income-based jobseeker’s allowance or an income-related employment and support allowance.
Annotations
Textual amendments
- F1
Reg. 11(1)(b) substituted (with application in accordance with reg. 1(3)(4) of the amending Rule) by The Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/101), regs. 1(1), 2(4)(a)
- F2
Reg. 11(1)(b)(ia) inserted (20.2.2017) by The Housing Benefit (Amendment No. 2) Regulations (Northern Ireland) 2016 (S.R. 2016/326), regs. 1(3), 5(3) (as amended by S.R. 2016/432, reg. 7)
- F3
Words in reg. 11(2) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(4)(b)
- F4
Words in reg. 11(3) substituted (with application in accordance with reg. 1(3)(4) of the amending Rule) by The Housing Benefit (Local Housing Allowance) (Amendment) Regulations (Northern Ireland) 2008 (S.R. 2008/101), regs. 1(1), 2(4)(b)
- F5
Words in reg. 11(4) substituted (27.10.2008) by The Housing Benefit (Employment and Support Allowance Consequential Provisions) Regulations (Northern Ireland) 2008 (S.R. 2008/378), regs. 1, 3(4)(b)
Commencement
Notes on Part III
Modifications
- C1
Pt. III applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 14