Housing; Rates Citation, commencement and interpretation 1 1 These Regulations may be cited as the Housing Benefit (Miscellaneous Amendments) Regulations (Northern Ireland) 2009 and, subject to paragraph (2), shall come into operation on 21st December 2009. 2 Regulations 2(4) to (6) and 3(4) to (7) shall come into operation— a in relation to any case where rent is payable at intervals of a week or any multiple of a week, on 5th April 2010; and b in any other case, on 1st April 2010. 3 The Interpretation Act (Northern Ireland) 1954 shall apply to these Regulations as it applies to an Act of the Assembly. Amendment of the Housing Benefit Regulations 2 1 The Housing Benefit Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (6). 2 In regulation 2(1) (interpretation) after the definition of “the Employment and Support Allowance Regulations” insert— “equity-sharing lease” means a lease of land, the general effect of which is to provide— that, in consideration for the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent; and that the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor’s reversion in the premises demised; . 3 In regulation 13(2)(a) (rent) after “owner” insert “except under an equity-sharing lease in respect of payments specified in paragraph (1)(a) and (e)”. 4 In regulation 99 (method of recovery)— a omit paragraph (2); b in paragraph (3) omit “(2),”; c in paragraph (5) after “Schedule 5” insert “, or paragraph 10A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance Regulations or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995 ,”; and d in paragraph (6) omit “, except as made under paragraph (2),”. 5 After regulation 101 (sums to be deducted in calculating recoverable overpayments) insert— Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling 101A 1 This regulation applies where an overpayment has occurred in the following circumstances— a a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”); b the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home; and c housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A. 2 Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A. 3 Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A. . 6 In Schedule 5 (sums to be disregarded in the calculation of earnings)— a after paragraph 10 insert— 10A 1 Where— a the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies; b the Department is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and c paragraph 12 does not apply, the amount specified in sub-paragraph (7) (“the specified amount”). 2 Where this paragraph applies, paragraphs 3 to 10 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 4, then paragraph 4 applies instead of this paragraph. 3 Notwithstanding regulation 22, if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4). 4 Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Department is satisfied that B is also undertaking exempt work. 5 This sub-paragraph applies to a person who is— a in receipt of a contributory employment and support allowance; b in receipt of incapacity benefit; c in receipt of severe disablement allowance; or d being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975 . 6 “Exempt work” means, as the case may be, work of the kind described in— a regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations ; or b regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work. 7 The specified amount is the amount of money mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts). ; and b in paragraph 17(1) for “paragraphs 3 to 10” substitute “paragraphs 3 to 10A”. Amendment of the Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations 3 1 The Housing Benefit (Persons who have attained the qualifying age for state pension credit) Regulations (Northern Ireland) 2006 are amended in accordance with paragraphs (2) to (7). 2 In regulation 2(1) (interpretation) after the definition of “the Employment and Support Allowance Regulations” insert— “equity-sharing lease” means a lease of land, the general effect of which is to provide— that, in consideration for the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent; and that the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor’s reversion in the premises demised; . 3 In regulation 13(2)(a) (rent) after “owner” insert “except under an equity-sharing lease in respect of payments specified in paragraph (1)(a) and (e)”. 4 In regulation 25(4)(d) (calculation of claimant’s income and capital in savings credit only cases) after “paragraph” insert “5A or”. 5 In regulation 80 (method of recovery)— a omit paragraph (2); b in paragraph (3) omit “(2),”; c in paragraph (5) after “Schedule 5” insert “, or paragraph 5A of that Schedule in a case where the amount of earnings to be disregarded under that paragraph is the amount referred to in regulation 45(2) of the Employment and Support Allowance Regulations or regulation 17(2) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995,”; and d in paragraph (6) omit “, except as made under paragraph (2),”. 6 After regulation 82 (sums to be deducted in calculating recoverable overpayments) insert— Sums to be deducted in calculating recoverable overpayments where the claimant has changed dwelling 82A 1 This regulation applies where an overpayment has occurred in the following circumstances— a a claimant has moved from the dwelling previously occupied as his home (“dwelling A”) to another dwelling which he occupies as his home (“dwelling B”); b the claimant has been awarded housing benefit in the form of a rent allowance in respect of dwelling A to which he is not entitled because he is no longer occupying or treated as occupying dwelling A as his home; and c housing benefit is paid to the same person in respect of the claimant’s occupation of dwelling B as it was paid to in respect of dwelling A. 2 Where this regulation applies, in calculating the amount of the overpayment which is recoverable the relevant authority may at its discretion deduct an amount equal to the claimant’s weekly entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A. 3 Where a sum has been deducted under paragraph (2), an equivalent sum shall be treated as having been paid in respect of the claimant’s entitlement to housing benefit in respect of dwelling B for the number of benefit weeks equal to the number of weeks during which the claimant was overpaid housing benefit in respect of dwelling A. . 7 In Schedule 5 (sums disregarded from claimant’s earnings) after paragraph 5 insert— 5A 1 Where— a the claimant (or if the claimant is a member of a couple, at least one member of that couple) is a person to whom sub-paragraph (5) applies; b the Department is satisfied that that person is undertaking exempt work as defined in sub-paragraph (6); and c regulation 24 does not apply, the amount specified in sub-paragraph (7) (“the specified amount”). 2 Where this paragraph applies, paragraphs 1 to 5 and 7 do not apply; but in any case where the claimant is a lone parent, and the specified amount would be less than the amount specified in paragraph 2, then paragraph 2 applies instead of this paragraph. 3 Notwithstanding regulation 21, if sub-paragraph (1) applies to one member of a couple (“A”) it shall not apply to the other member of that couple (“B”) except to the extent provided in sub-paragraph (4). 4 Where A’s earnings are less than the specified amount, there shall also be disregarded so much of B’s earnings as would not when aggregated with A’s earnings exceed the specified amount; but the amount of B’s earnings which may be disregarded under this sub-paragraph is limited to a maximum of £20 unless the Department is satisfied that B is also undertaking exempt work. 5 This sub-paragraph applies to a person who is— a in receipt of a contributory employment and support allowance; b in receipt of incapacity benefit; c in receipt of severe disablement allowance; or d being credited with earnings on the grounds of incapacity for work or limited capability for work under regulation 8B of the Social Security (Credits) Regulations (Northern Ireland) 1975. 6 “Exempt work” means, as the case may be, work of the kind described in— a regulation 45(2), (3) or (4) of the Employment and Support Allowance Regulations; or b regulation 17(2), (3) or (4) of the Social Security (Incapacity for Work) (General) Regulations (Northern Ireland) 1995, and, in determining for the purposes of this paragraph whether a claimant or a member of a couple is undertaking any type of exempt work, it is immaterial whether that person or their partner is also undertaking other work. 7 The specified amount is the amount of money mentioned in any provision referred to in sub-paragraph (6) by virtue of which the work referred to in sub-paragraph (1) is exempt (or, where more than one such provision is relevant and those provisions mention different amounts of money, the highest of those amounts). . Amendment of the Housing Benefit (Consequential Provisions) Regulations 4 In Schedule 3 to the Housing Benefit (Consequential Provisions) Regulations (Northern Ireland) 2006 (transitional and savings provisions) in paragraph 5(1) in regulation 13(2)(a) (rent) as set out in that paragraph after “owner” insert “except under an equity-sharing lease in respect of payments specified in paragraph (1)(a) and (e)”. Sealed with the Official Seal of the Department for Social Development on 25th November 2009 (L.S.) Anne McCleary A senior officer of the Department for Social Development The Department of Finance and Personnel hereby consents to regulations 2(4)(c) and (6) and 3(4), (5)(c) and (7). Sealed with the Official Seal of the Department of Finance and Personnel on 26th November 2009 (L.S.) Jack Layberry A senior officer of the Department of Finance and Personnel