Regulation 74 Date on which entitlement is to commenceI1

Northern Ireland

(1)

Subject to paragraphs (2) and (3), a person who makes a claim and is otherwise entitled to housing benefit shall be entitled to that benefit from the benefit week following the date on which his claim is or is treated as made.

(2)

Where a claimant is otherwise entitled to housing benefit and becomes liable, for the first time, to make payments in respect of the dwelling which he occupies as his home in the benefit week in which his claim is or is treated as made, he shall be so entitled from that benefit week.

(3)

A claimant shall become entitled to housing benefit from the benefit week in which the first day in respect of which his claim is made falls, where—

(a)

he is otherwise entitled to housing benefit;

(b)

paragraph (2) does not apply to him; and

F1(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.

F2(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.

Annotations

Textual amendments

F1: Reg. 74(3)(c) substituted (1.4.2007) by The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/121), regs. 1(1), 2(2)(a)
F2: Reg. 74(4)(5) added (1.4.2007) by The Housing Benefit (Daily Liability Entitlement) (Amendment) Regulations (Northern Ireland) 2007 (S.R. 2007/121), regs. 1(1), 2(2)(b)

Commencement

I1: Reg. 74 in operation at 20.11.2006, see reg. 1(1)

Notes on Part IX

Modifications

C1: Pt. IX applied (with modifications) (1.4.2007) by The Rate Relief (General) Regulations (Northern Ireland) 2007 (S.R. 2007/204), regs. 1(1), 24