Regulation 6 Holding purposes

(1)

The purposes prescribed under Article 121(3) of the 2015 Order in relation to welfare services F1or housing benefit, as purposes for which relevant information must be held by a qualifying person in order for them to use or supply it as set out in that paragraph, are any of the following—

(a)

determining a person's eligibility or continued eligibility for—

(i)

a disabled person's badge or to avail themselves of concessionary travel under the Northern Ireland Concessionary Fares scheme;

(ii)

assistance under the Healthy Start scheme;

(iii)

housing support services;

(iv)

assistance under discretionary support provision;

(v)

free school meals provided in accordance with arrangements approved by the Department of Education under Articles 58 and 59 of the Education and Libraries (Northern Ireland) Order 1986; or

(vi)

clothing provided under a scheme approved by that Department under Article 60 of that Order.

(b)

determining whether to make to any person any grant or payment listed in regulation 5(2) and if so the amount of any such grant or payment;

(c)

determining whether a person applying for or receiving a welfare service listed in regulation 5(3) is liable to contribute towards the cost of that service and if so the amount of that contribution;

(d)

discharging any functions under Part II of the Housing (Northern Ireland) Order 1988 M1 (housing the homeless);

(e)

determining whether a person is in receipt of housing benefit;

(f)

determining the size of a dwelling occupied by a person in receipt of a relevant social security benefit and the number of persons occupying that dwelling as their home;

(g)

identifying persons in receipt of a relevant social security benefit who are or may be affected by regulations relating to under-occupation, and providing appropriate types of advice, support and assistance to such persons;

(h)

identifying persons in receipt of a relevant social security benefit who are or may be affected by the benefit cap, and providing appropriate types of advice, support and assistance to such persons;

(i)

determining the amount of housing benefit payable to a housing benefit claimant by reference to the local housing allowance;

(j)

determining whether a person in receipt of a relevant social security benefit is likely to have difficulty in managing their financial affairs;

(k)

determining the probability that a housing benefit claimant will pay their rent;

(l)

determining whether the landlord of a housing benefit claimant—

(i)

was to provide qualifying welfare services to that housing benefit claimant but has not done so, or

(ii)

is to provide qualifying welfare services to that housing benefit claimant but is unlikely to do so;

(m)

determining whether—

(i)

the landlord of a housing benefit claimant is a registered housing association;

(ii)

a housing benefit claimant occupies as their home a dwelling which is exempt accommodation;

(iii)

the tenancy of a housing benefit claimant is an excluded tenancy;

(iv)

a housing benefit claimant occupies as their home a houseboat, caravan or mobile home, or

(v)

a housing benefit claimant resides in a hostel;

(n)

identifying the amount of housing costs included in an award of universal credit by reference to the local housing allowance.

(2)

In this regulation—

(a)

“excluded tenancy” means a tenancy of a type falling within paragraph 4 or 5 of Schedule 3 to the Housing Benefit Regulations or paragraph 4 or 5 of Schedule 3 to the Housing Benefit (State Pension Credit) Regulations, as the case may require;

(b)

“exempt accommodation” has the meaning given in paragraph 4(9) of Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 M2 (transitional and savings provisions);

(c)

“hostel” has the meaning given in regulation 2(1) of the Housing Benefit Regulations or regulation 2(1) of the Housing Benefit (State Pension Credit) Regulations, as the case may require;

(d)

“local housing allowance” means an allowance determined in accordance with paragraph 2 of the Schedule to the Housing Benefit (Executive Determinations) Regulations (Northern Ireland) 2008 M3 (broad rental market area determinations and local housing allowance determinations).

Annotations

Textual amendments

F1: Words in reg. 6(1) inserted (8.11.2021) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/289), regs. 1, 2(3)

Marginal citations

M1: S.I. 1988/1990 (N.I. 23)
M2: S.R. 2006 No. 407
M3: S.R. 2008 No. 100; paragraph 2 was amended by regulation 2(a) of S.R. 2008 No. 506, regulation 2 of S.R. 2009 No. 328, regulation 4(3)(b)(i) of S.R. 2011 No. 51 and regulation 2(4)(b) of S.R. 2012 No.157

Notes on Part 3

Textual amendments

F1: Words in Pt. 3 heading inserted (8.11.2021) by The Social Security (Information-sharing in relation to Welfare Services etc.) (Amendment) Regulations (Northern Ireland) 2021 (S.R. 2021/289), regs. 1, 2(2)