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Regulation 4 Amendment of the Housing Benefit RegulationsI1

Northern Ireland Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

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

(2)

In Schedule 2 (applicable amounts)—

(a)

in paragraph 4f1 (premiums) for “paragraphs 9 to 14ZA” there shall be substituted “paragraphs 8A to 14ZA”;

(b)

immediately before paragraph 9 there shall be inserted the following paragraph—

“Bereavement Premium

8A
(1)

Subject to sub-paragraphs (2) and (3), the condition is that the claimant—

(a)

had, as at 9th April 2001, attained the age of 55 but not the age of 60;

(b)

was in receipt of, but is no longer entitled to, a bereavement allowance under section 39B of the Contributions and Benefits Act in respect of the death of a spouse who died on or after 9th April 2001, and

(c)

is claiming housing benefit as a single claimant.

(2)

A premium under sub-paragraph (1) shall, except in a case to which sub-paragraph (4) applies, not be applicable in respect of a claimant who claims housing benefit more than 8 weeks after the last day on which he was entitled to a bereavement allowance.

(3)

Where a claimant to whom a premium under sub-paragraph (1) is applicable, ceases to be entitled to housing benefit or to be a single claimant, a premium under sub-paragraph (1) shall only again be applicable to that claimant where he claims housing benefit as a single claimant no more than 8 weeks after the date on which he ceased to be entitled to housing benefit or, as the case may be, to be a single claimant.

(4)

Where a premium under sub-paragraph (1) becomes applicable to a claimant, it shall again be applicable to that claimant where he claims housing benefit as a single claimant at the end of the benefit period in which it first became applicable and at the end of each subsequent benefit period provided, where he ceases to be a single claimant during the course of any benefit period, he does not cease to be a single claimant for more than 8 weeks.”;

(c)

immediately before sub-paragraph (2) in the table in paragraph 15 (amounts of premiums specified in Part III) there shall be inserted the following sub-paragraph respectively in each column—

“

(1A)

Bereavement Premium.

(1A)

£15·30.

”.

(3)

In Schedule 4 (sums to be disregarded in the calculation of income other than earnings)—

(a)

after paragraph 14 there shall be inserted the following paragraph—

“14A

Subject to paragraph 35, £15 of any—

(a)

widowed mother’s allowance paid pursuant to section 37 of the Contributions and Benefits Act;

(b)

widowed parent’s allowance paid pursuant to section 39A of the Contributions and Benefits Act.”;

(b)

in paragraph 35f2 for “paragraphs 15” there shall be substituted “paragraphs 14A, 15”.

Annotations

Commencement

I1

Reg. 4 in operation at 9.4.2001, see reg. 1(1)

Footnotes

f1

Paragraph 4 was amended by regulation 9(a) of S.R. 1990 No. 345 and regulation 6(b)(i) of S.R. 1997 No. 4

f2

Paragraph 35 was amended by regulation 3(3) of S.R. 1990 No. 305, regulation 7(b) of S.R. 1996 No. 93 and regulation 4(3) of S.R. 1998 No. 81