HOUSING; RATES PART 1 GENERAL Citation, commencement and interpretation 1 1 These Regulations may be cited as the Housing Benefit (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2004 and shall come into operation on 5th April 2004. 2 In these Regulations – “ the Act ” means the Child Support, Pensions and Social Security Act (Northern Ireland) 2000; “appropriate relevant authority” has the same meaning as in paragraph 4 of Schedule 7 to the Act; “benefit period” has the same meaning as in regulation 66 of the Housing Benefit Regulations as in operation immediately before 5th April 2004; “relevant authority” has the same meaning as in regulation 2(1) of the Housing Benefit Regulations; “the Housing Benefit Regulations ” means the Housing Benefit (General) Regulations (Northern Ireland) 1987 ; 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. PART 2 AMENDMENT OF HOUSING BENEFIT REGULATIONS Amendment of regulation 2 of the Housing Benefit Regulations 2 In regulation 2(1) of the Housing Benefit Regulations (interpretation) the definition of “benefit period” shall be omitted. Amendment of regulation 7 of the Housing Benefit Regulations 3 In regulation 7(12) of the Housing Benefit Regulations (circumstances in which a person is to be treated as not liable to make payments in respect of a dwelling) the words from “except” to the end shall be omitted. Amendment of regulation 11 of the Housing Benefit Regulations 4 In regulation 11(6) of the Housing Benefit Regulations (maximum rent) – a in sub-paragraph (b) for “benefit period” there shall be substituted “award of housing benefit”, and b after sub-paragraph (b) there shall be substituted the following heads – then – i the maximum rent shall not be reduced, where the sum is not less than the maximum rent, during a period ending on the effective date of a decision made by the Executive under regulation 10A (decisions), and ii the maximum rent shall be reduced to an amount equal to that sum, where that sum is less than the maximum rent during a period ending on the effective date of a decision made by the Executive under regulation 10A. . Amendment of regulation 21 of the Housing Benefit Regulations 5 In regulation 21(1)(a) of the Housing Benefit Regulations (calculation of income on a weekly basis) “over the benefit period” shall be omitted. Amendment of regulation 21A of the Housing Benefit Regulations 6 In regulation 21A(3) of the Housing Benefit Regulations (treatment of child care charges) “over the benefit period” shall be omitted. Amendment of regulation 22 of the Housing Benefit Regulations 7 In regulation 22 of the Housing Benefit Regulations (average weekly earnings of employed earners) – a in paragraph (1)(b) “over the benefit period” shall be omitted, and b for paragraph 3 there shall be substituted the following paragraph – 3 Where the amount of a claimant’s earnings changes during an award the relevant authority shall estimate his average weekly earnings by reference to his likely earnings from the employment over such period as is appropriate in order that his average weekly earnings may be estimated accurately but the length of the period shall not in any case exceed 52 weeks. . Amendment of regulation 23 of the Housing Benefit Regulations 8 In regulation 23(1) of the Housing Benefit Regulations (average weekly earnings of self-employed earners) “over the benefit period” shall be omitted. Amendment of regulation 24 of the Housing Benefit Regulations 9 In regulation 24(1) of the Housing Benefit Regulations (average weekly income other than earnings) “over the benefit period” shall be omitted. Extended payments 10 Subject to regulation 26 (saving provision for extended payments), for regulation 62A of the Housing Benefit Regulations (extended payments) there shall be substituted the following regulation – 62A 1 Subject to paragraphs (7) and (8) paragraph (2) shall apply where – a a person ceases to be entitled to housing benefit – i in accordance with regulation 65A(1) (date on which housing benefit is to end), and ii the conditions referred to in paragraphs 2 and 3 of Schedule 5A (extended payments of Housing Benefit) are satisfied in his case, or b a person ceases to be entitled to housing benefit because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner, or in the preceding week, and – i he ceased to be entitled to income support or an income-based jobseeker’s allowance by reason of taking up employment as an employed or self-employed earner, and ii the conditions referred to in paragraphs 2 and 3 of Schedule 5A are satisfied in his case. 2 A person to whom paragraph (1) applies shall be treated as having made a claim under this regulation and his housing benefit shall be determined in accordance with Part II of Schedule 5A and any award so determined shall be referred to in these Regulations as an “extended payment”. 3 For the purposes of any payment pursuant to this regulation – a except in a case to which paragraph 8(b) of Schedule 5A applies, the maximum housing benefit of any person mentioned in paragraph (1) shall be that which was applicable to him in the last benefit week of the award of housing benefit which has ceased as mentioned in paragraph (1); b the maximum housing benefit of any person to whom paragraph 8(b) of Schedule 5A applies shall be determined in accordance with paragraph 9 of that Schedule, and c any person who meets the requirements of paragraph (1) shall be treated as possessing no income or capital. 4 Regulations 71, 72 and 73 (claims, evidence and information) shall not apply to a claim pursuant to this regulation and, subject to regulation 69(9), Part IX (calculation of weekly amounts and changes of circumstances) shall not apply to any payment under it. 5 In paragraph (1)(a) and (b), references to a “person” include references to a person’s partner. 6 Subject to paragraph (8), in a case where a payment has been made under this regulation – a the beneficiary shall be treated for the purposes of these Regulations and of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 as though he were entitled to and in receipt of housing benefit – i during the 4 weeks immediately following the last day of his entitlement to housing benefit, or ii until the date on which his liability for rent or rates or both ends, whichever occurs first, and b any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit. 7 This regulation shall not apply to a claimant where, on the day before his entitlement to income support ceased, regulation 6(5) of the Income Support (General) Regulations (Northern Ireland) 1987 (persons not treated as engaged in remunerative work) applied to him. 8 Until 25th October 2004 this regulation shall have effect subject to the following provisions of this paragraph – a the following shall be inserted after sub-paragraph (b) of paragraph (1) – , or c a person ceases to be entitled to housing benefit – i in accordance with regulation 65A(2) (date on which housing benefit is to end) and the condition referred to in paragraph 3A of Schedule 5A is satisfied in his case, or ii because he has vacated the dwelling which he occupied as his home and the day on which he did so was either in the week in which he took up employment as an employed or self-employed earner or in the preceding week or during the period specified in regulation 6(3) of the Income Support (General) Regulations (Northern Ireland) 1987, and aa he is a person to whom regulation 6(2) of those Regulations applies; bb he has ceased to be entitled to income support or an income-based jobseeker’s allowance by reason of taking up employment as an employed or self-employed earner, and cc the condition referred to in paragraph 3A of Schedule 5A is satisfied in his case. ; b in paragraph (6), for “paragraph (8),” there shall be substituted “paragraphs (8) and (9)”, and c after paragraph (8) there shall be inserted the following paragraph – 9 Where the beneficiary is a person to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 applies (persons not treated as engaged in remunerative work) and a payment is under this regulation, he shall be treated for the purposes of these Regulations and of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 as though he were entitled to and in receipt of housing benefit – a during the period beginning on the day immediately following the last day of his entitlement to housing benefit and ending on the last day of the benefit week which includes the day – i which is 4 weeks after the day on which that person was first engaged in the work referred to in regulation 6(2)(a) of those Regulations, or ii on which that person’s liability for rent or rates or both ends, whichever occurs first, and b any claim for housing benefit made by the beneficiary within the period which under sub-paragraph (a) applies in his case or the 4 weeks thereafter shall be treated as having been made in respect of a period beginning immediately after the end of his previous award of housing benefit. . . Date on which an award of benefit is to end 11 After regulation 65 of the Housing Benefit Regulations (date on which entitlement is to commence) there shall be inserted the following regulation – Date on which housing benefit is to end 65A 1 Subject to paragraphs (2) and (3), a claimant’s entitlement to housing benefit shall cease at the end of the benefit week in which entitlement to income support or income-based jobseeker’s allowance ceases where – a the claimant or his partner was entitled to and in receipt of income support or an income-based jobseeker’s allowance or that claimant and his partner were entitled to and in receipt of a joint-claim jobseeker’s allowance and that entitlement has ceased; b the entitlement to income support or income-based jobseeker’s allowance has ceased by reason of the claimant or his partner – i commencing employment as an employed or self-employed earner; ii increasing their earnings from such employment, or iii increasing the number of hours worked in such employment; c the claimant had been entitled to and in receipt of income support or income-based jobseeker’s allowance for a continuous period of at least 26 weeks before the day on which his entitlement to income support or income-based jobseeker’s allowance ceased, and for the purposes of this sub-paragraph – i a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of income support and a jobseeker’s allowance for at least 26 weeks; ii references to the claimant include references to his partner; iii a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance, and d that work, increased earnings or, as the case may be, increased hours is expected to last at least 5 weeks or more. 2 In the case of a claimant to whom regulation 6(2) of the Income Support (General) Regulations (Northern Ireland) 1987 applies (persons not treated as engaged in remunerative work), entitlement to housing benefit shall cease where – a the claimant was entitled to and in receipt of income support or an income-based jobseeker’s allowance and that entitlement ceases; b the entitlement to income support or income-based jobseeker’s allowance ceases by reason of the claimant commencing employment as an employed or self-employed earner, and c that work is expected to last 5 weeks or more, and that entitlement shall cease at the end of the benefit week in which entitlement to income support or income-based jobseeker’s allowance ceases. 3 Paragraph (2) shall be omitted with effect from 25th October 2004. . Benefit period 12 Regulations 66 (benefit period) and 67 (date on which benefit period is to end) of the Housing Benefit Regulations are hereby revoked. Change of circumstances 13 In regulation 68 of the Housing Benefit Regulations (date on which change of circumstances is to take effect) – a in paragraph (1) , “regulation 8(3) (eligible housing costs) or” shall be omitted; b at the beginning of paragraphs (2) , (3) and (4) there shall be inserted “Subject to paragraphs (13) and (14),”, and c after paragraph (12) there shall be added the following paragraphs – 13 Paragraph (14) applies where – a a change of circumstances would, but for that paragraph, take effect in accordance with paragraph (2), (3)(a)(i) or (b) or (4) on a day that is not the first day of a benefit week, and b the effect of that change of circumstances is to end entitlement to housing benefit. 14 In a case to which this paragraph applies, the change of circumstances shall take effect from the first day of the benefit week following the day on which the change of circumstances actually occurred. . Time claims are made or treated as made 14 Subject to regulation 24 (transitional provision), in the Housing Benefit Regulations – a in regulation 65(1) (date on which entitlement is to commence), “regulation 72(11) to (13) (renewal claims) and” shall be omitted, and b in regulation 72, paragraphs (11) to (13A) (time and manner in which claims are to be made) shall be omitted. Amendment of regulation 70 of the Housing Benefit Regulations 15 In regulation 70 of the Housing Benefit Regulations (rent and rate-free periods) for “benefit period” there shall be substituted “rent and rate-free period”. Amendment of regulation 76 of the Housing Benefit Regulations 16 In regulation 76 of the Housing Benefit Regulations (who is to make a decision) – a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b in paragraph (4)(a) for “62A(1B)” there shall be substituted “62A(2)”; c subject to sub-paragraph (d), in paragraph (5) for “62A(1A)(b)” there shall be substituted “paragraph 3A of Schedule 5A”, and d in paragraph (4) “and subject to paragraph (5)” and paragraph (5) shall be omitted with effect from 25th October 2004. Amendment of regulation 104 of the Housing Benefit Regulations 17 Paragraph (2) of regulation 104 of the Housing Benefit Regulations (sums to be deducted in calculating recoverable overpayments) shall be omitted. Amendment of Schedule 1B to the Housing Benefit Regulations 18 In Schedule 1B to the Housing Benefit Regulations (excluded tenancies) – a for sub-paragraph (2) of paragraph 2 there shall be substituted the following sub-paragraph – 2 For the purposes of any claim, notification, or request (“the later application”), a tenancy shall not be an excluded tenancy by virtue of sub-paragraph (1) by reference the Executive’s decision made in consequence of an earlier claim, notification or request (“the earlier application”) where – a the earlier and later applications were made in respect of the same claimant or different claimants, and b the earlier application was made more than 52 weeks before the later application was made. , and b paragraphs 2(2A) , (3)(d) and 4 shall be omitted. Amendment of Schedule 2 to the Housing Benefit Regulations 19 Paragraph 8A(4) of Schedule 2 to the Housing Benefit Regulations (bereavement premium) shall be omitted. Amendment of Schedule 5 to the Housing Benefit Regulations 20 For sub-paragraph (3) of paragraph 8 of Schedule 5 to the Housing Benefit Regulations (capital to be disregarded) there shall be substituted the following sub-paragraph– 3 For the purposes of sub-paragraph (2), “award of housing benefit” means – a the award in which the relevant sum is first received (or the first part thereof where it is paid in more than one instalment), and b where that award is followed by one or more further awards which, or each of which, begins immediately after the end of the previous award, such further award provided that for that further award the claimant – i is the person who received the relevant sum, or ii is the partner of the person who received the relevant sum, or was that person’s partner at the date of his death. . Amendment of Schedule 5A to the Housing Benefit Regulations 21 In Schedule 5A to the Housing Benefit Regulations (extended payments of housing benefit) – a paragraph 1 shall be omitted; b the following paragraph shall be inserted before paragraph 2 – 1A Until 25th October 2004 this Schedule shall have effect subject to the following provisions of this paragraph – a after paragraph 3 there shall be inserted the following paragraph – 3A The condition referred to in regulation 62A(1)(c) is that the Department has certified to the relevant authority – a that regulation 6(2) of the Income Support (General) Regulations (Northern Ireland)1987 applies to the claimant; b the date on which the claimant was first engaged in the work referred to in regulation 6(2)(a) of those Regulations, and c the date on which his entitlement to income support or an income-based jobseeker’s allowance ceased or is expected to cease. ; b in paragraph 4(4) for “62A(5)(a)” there shall be substituted “62A(6) or (9), as the case may be,”, and c in paragraph 8(b) for “62A(5)(a)” there shall be substituted “62A(6) or (9), as the case may be.”. ; c in paragraph 2(e) – i head (i) shall be omitted; ii for head (ii) there shall be substituted the following head – ii a claimant satisfies the conditions of this sub-paragraph if he has been entitled to and in receipt of a combination of income support and a jobseeker’s allowance for at least 26 weeks and for the purposes of this sub-paragraph, a reference to the claimant being entitled to and in receipt of a jobseeker’s allowance shall include a reference to the claimant and his partner being entitled to and in receipt of a joint-claim jobseeker’s allowance; ; d in paragraph 3 – i after sub-paragraph (a)(ii) there shall be inserted the following sub-paragraph – or iii has commenced, or is about to commence, an increased number of hours of work , and ii in sub-paragraph (b) after “in sub-paragraph (a)(ii)” there shall be inserted “, or first commences the increased number of hours work referred to in sub-paragraph (a)(iii)”; e in paragraph 4 – i in sub-paragraph (1) for “the termination of the relevant benefit period” there shall be substituted “he ceased to be entitled to housing benefit”, ii in sub-paragraph (2) “in the relevant benefit period” shall be omitted; iii in sub-paragraph (3) for “the termination of the relevant benefit period”, in each place where it occurs there shall be substituted “he ceased to be entitled to housing benefit”; iv in sub-paragraph (4) for “62A(5)(a)” there shall be substituted “62A(6)”; f in paragraph 6(1) for “the termination of the relevant benefit period” there shall be substituted “he ceased to be entitled to housing benefit”; g in paragraph 8(b) for “62A(5)(a)” there shall be substituted “62A(6)”; h in paragraph 10 for “62A(5)(a)” there shall be substituted “62A(6)(a)”, and i in paragraph 13(1) – i the following definitions shall be omitted – aa “the last day”; bb “the relevant benefit period”, and ii for the definition of “the second dwelling” there shall be substituted the following definition – “second dwelling” means the dwelling to which a person has moved, or is about to move, which he is or will be occupying as his new home, and where the liability to make payments of rent and rates or both in respect of his dwelling follows on immediately from the liability to make payments of rent or rates or both in respect of his previous dwelling , and j in paragraph 13(1) in the definition of “claimant”, the words “, subject to sub-paragraph (2),” and paragraph 13(2) shall be omitted with effect from 25th October 2004. Amendment of Schedule 6 to the Housing Benefit Regulations 22 In Schedule 6 to the Housing Benefit Regulations (matters to be included in the decision notice) – a paragraph 9(h) shall be omitted, and b in paragraph 14(1)(e) the words from “in each benefit period” to the end shall be omitted. Minor and consequential amendments 23 1 In the provisions specified in paragraph (2), for “benefit period” wherever it occurs, there shall be substituted “award of housing benefit”, preceded, where appropriate, by “an” instead of “a”. 2 The provisions referred to in paragraph (1) are the following regulations in the Housing Benefit Regulations – a regulation 11(12) and (13) (maximum rent), and b regulation 75(1) (duty to notify changes of circumstances). PART 3 TRANSITIONAL AND SAVING PROVISIONS Transitional provision 24 1 Paragraphs (2) and (3) apply in the case of a claimant whose, or whose partner's, benefit period ends before 5th April 2004. 2 Where paragraph (1) applies, regulation 72(12) and (13) of the Housing Benefit Regulations (time and manner in which claims are to be made) shall continue to have effect until 3rd May 2004. 3 Where paragraph (1) applies and either – a a claimant makes a claim for a further grant of housing benefit in accordance with regulation 72(12) of the Housing Benefit Regulations after 5th April 2004 but no later than 4 weeks after the end of the benefit period, or b a relevant authority invites that claimant to make a claim for a further grant of housing benefit in accordance with regulation 72(13) of the Housing Benefit Regulations and following that invitation, a claim is received from that claimant after 5th April 2004 but no later than 4 weeks after the end of the benefit period, that claim shall be treated as having been made immediately after the end of the benefit period. Transitional provision for the Executive’s rent decisions 25 1 If, on 5th April 2004, more than 52 weeks have elapsed since the Executive last made a rent decision in relation to a claimant's, or his partner's, claim for, or award of, housing benefit under regulation 10A of the Housing Benefit Regulations (decisions), the Executive shall make a rent decision as soon as is practicable after 5th April 2004. 2 The Executive may make a rent decision under paragraph 4 of Schedule 7 to the Act in a case to which paragraph (1) applies. 3 Where the Executive makes a rent decision under paragraph (2), in consequence of paragraph (1), the decision shall take effect – a in a case where the amount of the rent decision has increased or remains unchanged, on 5th April 2004, or b in a case where the amount of the rent decision has decreased, the first day of the benefit week following the date on which that decision was made by the Executive. Saving provision for extended payments 26 1 Paragraph (2) shall apply where a person or his partner is – a treated as having made a claim under regulation 62A of the Housing Benefit Regulations (extended payments) before 5th April 2004, or b in receipt of an extended payment under that regulation on 5th April 2004. 2 Where paragraph (1) applies – a subject to sub-paragraph (b), regulation 62A and Schedule 5A shall apply to him as in force immediately before 5th April 2004; b sub-paragraphs (a) and (b) of paragraph (5) of regulation 62A shall have effect as if after “beneficiary”, in each place where it occurs, there were inserted “or his partner”, and c sub-paragraph (b) of paragraph (5) of regulation 62A shall have effect as if for “deemed to be” until the end of that sub-paragraph there were substituted “treated as having been made in respect of a period beginning immediately after the end of the benefit period”. PART 4 AMENDMENT OF OTHER PROVISIONS Amendment of regulation 16 of the Housing Benefit (General) (Amendment No. 2) Regulations 27 In regulation 16(1) of the Housing Benefit (General) (Amendment No. 2) Regulations (Northern Ireland) 1996 (savings provision) after “1st April 1996” there shall be added “but as if any references to a benefit period were references to an award of housing benefit”. Amendment of regulation 5 of the Housing Benefit (General) (Amendment No. 4) Regulations 28 In regulation 5 of the Housing Benefit (General) (Amendment No. 4) Regulations (Northern Ireland)1997 (savings) – a in paragraph (2A) “makes a further claim for housing benefit under regulation 72(11) to (13) of the principal Regulations, where he” shall be omitted, and b in paragraph (2B) after “principal Regulations” there shall be inserted “as in operation immediately before 5th April 2004”. Amendment of the Housing Benefit (State Pension Credit) Regulations 29 Regulations 9(b) of the Housing Benefit (State Pension Credit) Regulations (Northern Ireland) 2003 (provisions which do not apply) is hereby revoked. Amendment of the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations 30 In the Housing Benefit (State Pension Credit) (Abolition of Benefit Periods Amendment) Regulations (Northern Ireland) 2003 Part 3 (transitory provisions), Part 4 (consequential and transitional provisions), except for regulations 6 and 11(a), and Part 5 (application and amendment of other provisions) are hereby revoked. Amendment of regulations 7 and 8 of the Housing Benefit (Decisions and Appeals) Regulations 31 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 In regulation 8 of the Housing Benefit (Decisions and Appeals) Regulations (Northern Ireland) 2001 (date from which a decision superseding an earlier decision takes effect) after paragraph (6) there shall be inserted the following paragraph – 6A Except in a case where entitlement to housing benefit ceases, where an appropriate relevant authority has made a rent decision under regulation 10A of the Housing Benefit Regulations, any decision to which regulation 7(2ZA) applies which adopts that rent decision shall take effect from – a in a case where the amount of the appropriate relevant authority’s rent decision has increased or remains unchanged, and – i rent is payable weekly or in multiples of weeks, the first day of the benefit week following the last day of the 52 week period has elapsed since the appropriate relevant authority made its last decision; ii rent is payable other than in accordance with head (i), the first day following the last day of the 52 week period has elapsed since the appropriate relevant authority made its last decision; b in a case where the amount of the appropriate relevant authority’s rent decision has decreased, the first day of the benefit week following the date on which that rent decision was made by the appropriate relevant authority. . Amendment of the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations 32 1 Regulation 3 of the Social Security (Back to Work Bonus and Lone Parent Run-on Amendment and Revocation) Regulations (Northern Ireland) 2003 is hereby revoked. Sealed with the Official Seal of the Department for Social Development on 26th March 2004. John O'Neill Senior Officer of the Department for Social Development The Department of Finance and Personnel hereby consents to the foregoing Regulations. Sealed with the Official Seal of the Department of Finance and Personnel on 29th March 2004. Ciaran Doran Senior Officer of the Department of Finance and Personnel